This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ALFRED P. DEREY,
Protest Decision 2001 EAD 233
Issued: March 12, 2001
OEA Case No. PR030113MI

Alfred Derey, secretary-treasurer of Local 372 and a delegate candidate, 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"). Derey alleges that his opponent in the delegate election, Dennis Nazelli, violated the Rules by copying Local 372's membership list and providing it to third parties for phone banking in support of Nazelli's campaign. Derey also alleges that one of the people calling on Nazelli's behalf has asked for information that may violate the Rules' protection of members' right to vote without interference.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact

Nazelli supports Tom Leedham's campaign for General President and received membership lists from the Leedham campaign. Nazelli copied the lists and distributed them to volunteers who called members on Nazelli's behalf. The volunteers-Robert Zvonek, Robert Horvath, and Paul Kulka-are active members of the IBT. The volunteers called Local 372 members who lived near them, as specified in a copied membership list with highlighted entries. The volunteers asked members for information concerning the upcoming delegate election.

Derey alleges that Horvath asked a member how he voted and says that the member laughed at Horvath and told him that he had already voted. Nazelli claims that he never told his volunteers to ask how members voted. Nazelli observed that the member did not respond to the caller.

Nazelli alleges that he has used the membership lists solely for campaigning and that he has maintained strict control over them. He also claims that once phone banking ended, he gathered all copies of the membership lists and confirmed with each volunteer that the list was not copied.

Analysis

The Rules permit membership lists obtained by International Officer candidates to be used by delegate candidates "to advance the accredited or nominated [International Officer] candidate's campaign for nomination and/or election." Article VII, Section 3(a). A question arises whether a delegate candidate may provide the list to supporters who volunteer their time by calling members. As the Election Officer stated in Cipriani, P420 (March 1, 1996), aff'd, 96 EAM 123 (March 13, 1996),

Such possession may attenuate the control of the original candidate possessor, but it is possibly the only way phone banking could be done without going to the prohibitive expense of creating a "boiler room" with commercially installed lines. Thus, this limited possession by volunteers is permitted . . . provided the accredited candidate and his/her intermediate agents (i.e., delegate/alternate candidates) remain responsible for instructing all volunteers in the requirements imposed by the rule, and scrupulously recovering all portions of the list from volunteers.

Therefore, it is not necessarily a violation of the Rules for Nazelli to disseminate Local 372's membership list to volunteers. Because Derey has provided no evidence to contradict Nazelli's claim that he has carefully maintained control of the membership lists at all times, we find that Nazelli's copying of the lists for phone banking, and subsequent dissemination to volunteers, does not violate the Rules.

Derey also questions whether Horvath's conduct violates the Rules' prohibition against interference with a member's right to vote. Article IV, Section (2). We find that even if Horvath asked members how they voted or plan to vote, such questions, without more, do not violate the Rules. Furthermore, the protest itself makes clear that the member who was questioned had already cast his vote and did not respond to the caller. In such circumstances, the volunteer has not interfered with the member's right to vote.

For the foregoing reasons, 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 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 (facsimile: 202-454-1521), all within the time 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 233

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

 

Alfred P. Derey

IBT Local 372

2741 Trumbull Avenue

Detroit, MI 48216

 

Dennis Nazelli

19785 Purling Brook

Livonia, MI 48152