Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2016 ESD 173

                                                                        )           Issued: April 15, 2016

            Protestor.                                           )           OES Case Nos. P-067-110215-NA &

                                                                        )             P-191-02242016-NA           

____________________________________)

            On April 1, 2016, we issued our decision in Hoffa-Hall 2016, 2016 ESD 158, finding that Al Mixon, a declared candidate for IBT General President, had failed to file his CCER Report and Supplemental Report #1 for reporting periods #2 and #3, as required by the Rules.  We directed him to do the following:

• File the CCER report and Supplemental Report No. 1 for reporting period #2 no later than Monday, April 11, 2016.
• File the CCER report and Supplemental Report No. 1 for reporting period #3 no later than Monday, April 11, 2016.
• Pay a fine to the Office of the Election Supervisor in the amount of $250.00 per day for each day after April 4, 2016 in which he fails file the reporting period #2 reports, subject to a maximum fine of $1,250.00 for reporting period #2.
• Pay an additional fine to the Office of the Election Supervisor in the amount of $250.00 per day for each day after April 4, 2016 in which he fails file the reporting period #3 reports, subject to a maximum fine of $1,250.00 for reporting period #3.
• File required reports timely for all current and future reporting periods in which he is a candidate for International office.

We also stated the following:

Should Mixon give irrevocable notice by April 4, 2016 that he is withdrawing all candidacy for International office and will not seek or accept nomination for such office at the 29^th IBT convention to be held in June 2016, the fines we impose above will be capped at $250.00 per reporting period for a total of $500.00; however, the balance of the order will remain in force.  That is, Mixon must still file CCERs for past periods when he was a candidate, and a failure to file would subject Mixon to further remedial orders.

When Mixon neither filed any required reports nor offered any explanation for his failure to do so, we issued a supplemental decision in Hoffa-Hall 2016, 2016 ESD 167 (April 13, 2016) directing Mixon to show cause by April 18, 2016 why the Election Supervisor should not order him disqualified for International office for failure to comply with the campaign finance reporting requirements of the Rules.

On Wednesday, April 14, 2016, before the date by which he was required to show cause,  Mixon gave written notice that he was withdrawing his candidacy; that such withdrawal was irrevocable; that if his name were placed in nomination at the IBT convention, he would not accept the nomination; that his statement of withdrawal was binding on him; that he would not be permitted to reverse or revoke his withdrawal of candidacy for any International office position in the 2015-2016 election cycle; that he remained obligated to file CCER and Supplemental Report No. 1 reports for the period during which he was a candidate for International office.

On this basis, we deem this protest RESOLVED with respect to any obligation on Mixon’s part to file reports for any reporting period that commences after April 14, 2016, the date he ceased to be a candidate for International office.  With respect to his past failure to file reports timely, Mixon remains obligated to file the required reports.  Hoffa 2006, 2006 ESD 325 (July 12, 2006).  Finally, we assess a fine of $1,000.00 against Mixon, payable to OES, for his failure to file the required reports and his failure to respond to our decision in Hoffa-Hall 2016, 2016 ESD 158 (April 1, 2016).  Such fine shall be remitted to OES by April 29, 2016.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 173 

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