Protest Decisions

Fred Gegare, candidate for International office, filed a protest pursuant to Article III, Section 5(n) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged William Hamilton was improperly nominated for the position of IBT East region vice president because he failed to state his name during the acceptance of nomination.  The protest further alleged that Hamilton engaged in impermissible campaigning during his acceptance speech.

            Election Supervisor representative Jeffrey J. Ellison investigated this protest.

Findings of Fact and Analysis

Allegation concerning validity of acceptance of nomination.

            Candidates for International office are nominated by delegates at the IBT convention.  On Wednesday morning, June 29, 2011, candidates for regional vice president positions were nominated.  Candidate William Hamilton was nominated for East region vice president on the Hoffa-Hall 2011 slate.  After the nomination and seconding speeches, the Election Supervisor recognized the microphone designated for use by candidates accepting nomination.  Candidate Hamilton accepted nomination at that time.  In doing so, he did not identify himself by name. 

            Article III, Section 5(f) of the Rules states that “[a] candidate must accept floor nomination in person at the time made, unless he/she is absent and has previously submitted a written acceptance of nomination to the Election Supervisor.”  Although Hamilton did not state his name when accepting the nomination, we find that he complied with the rule.  He was recognized at the microphone by name and stated his acceptance in response to the recognition.  Further, we note that Hamilton submitted a written acceptance of nomination for IBT East region vice president to our office on Sunday, June 26.  The writing contained his name and other identifying information and stated that he accepted nomination for the position of IBT East region vice president.  Accordingly, he established his acceptance both orally on the convention floor and in writing in advance of the nomination, and his acceptance is valid. 

We therefore DENY this aspect of the protest.

Allegation concerning campaigning during of acceptance of nomination.

Article III, Section B of the Supplemental Election Supervisor Rules for the 28^th International IBT Convention (Supplemental Rules) regulates the acceptance of nominations for International office, viz.

In accepting his/her floor nomination, a candidate may state that he/she is seeking nomination as a member of a slate and may identify it by name.  This must be a brief statement of acceptance, not an acceptance speech.

            In opening the floor for nominations, the Election Supervisor informed the delegate body of the rules pertaining to nomination, seconding and acceptance of nomination.  In particular with respect to acceptance of nomination, the Election Supervisor said:

The candidate may make an acceptance statement: name, unit affiliation and slate affiliation; no policy or campaign speeches as part of the acceptance.

Candidate Hamilton was on the convention floor in the vicinity of the microphone to be used for acceptances of nomination at the time the Election Supervisor gave the instructions for acceptance.  After his nomination was made and seconded, he accepted the nomination.  Hamilton then continued, five minutes and twenty-five seconds after hearing the Election Supervisor’s oral instructions prohibiting “policy or campaign speeches as part of the acceptance,” and shouted the following:

[T]o the Gegare slate, or the fraud slate, who stood up against every principle they believe in and got nominated on this floor, this tells it all, Fred: you and Sandy hugging, selling each other delegates.

Hamilton then held aloft a clipping of a campaign broadsheet published and distributed by the Hoffa-Hall 2011 campaign to delegates as they approached the convention hall Wednesday morning.  The clipping was headlined “Teamsters in Love” and stated:

It’s clear from Wednesday night’s voting results[1] that Sandy Pope and Freddy Gegare combined their puny delegate forces.  (In this case, Sandy threw her votes to Freddy – she has no running mates.)  Freddy and Sandy want each other on the ballot this fall so their vote totals won’t appear too embarrassingly small!

The article carried a poorly photo-shopped image purportedly depicting Pope and Gegare in full embrace.

            Hamilton’s statement constituted campaign speech opposing the Gegare and Pope candidacies.  It went far beyond the acceptance of nomination permitted by the Supplemental Rules and the Election Supervisor’s oral instructions to the delegate body and was in total disregard those instructions. 

            Accordingly, we GRANT this aspect of the protest.

Remedy

When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.

We order Hamilton and all other members of the Hoffa-Hall 2011 slate to cease and desist from making campaign or policy statements during their acceptance of nomination.[2]

To deter further violations of this nature, we order Hamilton to pay a fine of $1,000 to the Election Supervisor within one day of issuance of this decision.  Further violations by Hamilton or other members of the Hoffa-Hall 2011 slate may result in progressively more severe fines.

 

            Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY  10022

Fax: (212) 751-4864

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite 421 L, Washington, D.C.  20006, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.