Protest Decisions

Hoffa-Hall 2011 filed a pre-election protest pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that the campaign contribution and expense report (“CCER”) filed by the Sandy Pope campaign failed to report a fundraiser held February 12, 2011.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

            Under Article XI the Rules, each candidate for International office must file two financial reports for each reporting period in which he/she is a candidate.  The filings include a Campaign Contribution and Expenditure Report (CCER) that documents all contributions received, all expenditures made, cash on hand, loans incurred, and related financial information, as well as a Supplemental Report No. 1 that documents the contributions received and expenditures incurred for legal and accounting work on behalf of the campaign efforts of the organization.  Any candidate for International office has the right, upon request to OES, to inspect and obtain copies of the reports filed by any other candidate, in accordance with reasonable terms and conditions set by the Election Supervisor.  

            The fourth CCER reporting period commenced February 1, 2011 and concluded May 31, 2011.  Reports for this period were due June 15, 2011.   The Sandy Pope campaign timely filed the required reports for Period 4. 

            Hoffa-Hall 2011 alleged that the Pope CCER failed to disclose a February 12 fundraiser held in Binghamton, New York.  Hoffa-Hall 2011 supported the protest by citing Pope’s Facebook page, where Rick Sprout promoted the fundraising event and suggested a “minimum donation.”  No one from the Pope campaign attended the event, and the campaign did not promote it.  A winter storm hit Binghamton, New York on the date of the fundraiser, and the event was poorly attended.  Sprout collected only $20 and did not transmit any of those funds to the campaign.  According to Sprout, neither he nor those who attended the event are Teamsters; thus, the Rules would have barred any contributions from this group, had any been tendered.

            We find no violation of the Rules in the Pope campaign’s omission of this fundraiser from its report.  The campaign neither promoted the event, expended funds for it, nor received proceeds from it.  The campaign has no reporting requirement in these circumstances. 

Accordingly, we DENY the protest.

            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.