IN RE: DENNIS ARNOLD,
Protest Decision 2001 EAD 175
Issued: February 20, 2001
OEA Case No. PR020914MW
Dennis Arnold, a member of Local 414, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that the Weidman/Royal slate (the "WR slate") and Rick Royal accepted campaign contributions from an employer or non-IBT entity in the preparation and mailing of delegate election campaign material. He further protests what he considers the libelous nature of the campaign material.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Arnold is a delegate candidate on the slate supported by Local 414's principal officer, Walter Lytle. Arnold claims that the WR slate has received campaign contributions from Teamsters for a Democratic Union ("TDU") to support its campaign mailings. As proof, Arnold states that the WR slate's literature is nearly identical to campaign literature mailed by a dissident slate of candidates in the Local 135 delegate election. Arnold stated that members of TDU are active supporters of both slates and it seemed obvious to him that TDU had financed both campaign mailings.
Royal is a member of Local 414 and a candidate for delegate, running on the WR slate. He says that the slate has distributed one campaign mailing and that the money for the printing and mailing had come from money "pitched-in" by individual slate members and contributions collected from Local 414 members employed at the worksites of WR slate members. According to Royal, the total cost of the single mailing was between $1,100 and $1,200. Royal did not know who had actually done the design or layout of the mailing piece, referring our investigator to WR slate candidate Brad Wiedman. Weidman corroborated Royal's testimony about the funding of the WR slate's mailer, but also admitted that a TDU staff member designed the slate's mailer, prepared camera-ready copy and sent the copy directly to the printer. TDU did not charge the WR slate for its services.
We DENY the protest allegations concerning campaign contributions to the WR slate because the in-kind contribution to the WR slate from TDU is not prohibited by the Rules. Article XI, Section 1(b)(2) prohibits employers from making campaign contributions. However, Article XI, Section 1(b)(9)(A) allows independent committees or campaign organizations to make contributions if they are "financed exclusively from contributions which are permitted and properly reported under these Rules…" TDU qualifies as an "independent committee" as that term is defined in "Definitions" section of the Election Rules and, as we held in Taylor, et al., 2000 EAD 75 (December 29, 2000), aff'd, 01 EAM 16 (February 1, 2001), is financed in such a manner as to permit the in-kind contributions made here.
We also DENY the protest allegations directed at the content of the WR slate's campaign materials. Arnold claims that the WR slate literature is filled with untrue or libelous statements. It is not the office of the Rules to limit the content of election propaganda based on claims of libel.
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 Administrator 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
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 175
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 414
2644 Cass St.
Fort Wayne, IN 46808
Dennis Arnold
12017 Wellingham Ct.
Fort Wayne, IN 46845
Brad Wiedman
11383 N SR 3
Kendallville, IN 46755
Rick Royal
819 W. County Line Road
Fort Wayne, IN 46814
Teamsters for a Democratic Union
7437 Michigan Ave.
Detroit, MI 48210
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657