IN RE: LEEDHAM SLATE,
Protest Decision 2001 EAD 343
Issued: May 4, 2001
OEA Case No. PR041013WE
The Tom Leedham Rank and File Power slate (the "Leedham slate") 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"). The slate alleges challenges a flyer by the 313 Unity delegate slate as improper under the Rules.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact
Three slates contested the Local 313 delegate election for four delegate and two alternate positions. The 313 Unity slate distributed a flyer that attacked Glenn Cisco, member of the Working Teamsters for Tom Leedham slate. The flyer included the following:
In their six years, the Leedham/Carey Slate:
EMBEZZLED over $1 MILLION in member dues money for the purposes [sic] of getting themselves re-elected.
Pushed the IBT to the edge of BANKRUPTCY - spending nearly $1 BILLION in members' dues money.
…
Tried to TRIPLE the DUES of Teamster members.
The Leedham slate argues that the flyer is improper because the above statements are untrue as Leedham "has never been associated in any way with the 1996 IBT election scandal, nor has there ever been any suggestion that he was implicated in even the most remote manner with those activities… [He] was not even a member of the International's General Executive Board until 1996, and therefore, could not have spent 'six years' 'pushing the union to the edge of bankruptcy' or 'trying to triple the dues of members'." Leedham's counsel argues that the embezzlement allegation is libel per se because is accuses Leedham of a criminal act.
The Leedham slate also claims that the flyer is designed to look like an official union publication and that this, along with the fact that the 313 Unity slate is comprised of current business agents, "create[s] the impression that the local union is sponsoring the statement that Tom Leedham embezzled $1 million of union dues money." Finally, the Leedham slate claims that "the flyer was timed for maximum impact, circulated during the latter part of the delegate vote when it could not be timely refuted by Mr. Leedham."
Local 313 secretary-treasurer Rick Payne stated that all official 313 newsletters have the local's name and the names of the secretary-treasurer and president printed at the top. The newsletters also have the local's phone and fax numbers printed under the names. None of these appear on the challenged flyer, which contains the IBT logo with the superimposed words "313 Unity Slate," and says "Local 313 Election News" in its header. The flyer attacks Cisco's slate and TDU and urges members to "Vote the 313 Unity Slate."
The Local 313 Unity slate won the local's delegate election by a two-to-one margin over the pro-Leedham candidates.
Analysis
We DENY the protest allegations based upon the content of the challenged flyer. The Election Administrator does not regulate the content of campaign material, even statements that are false or defamatory. See Braxton, P304 (May 21, 1991). Thus, even if the flyer were actionably libelous, we are precluded by the Rules from censoring it.
We also DENY the protest allegation that the flyer improperly appears to be an official Local 313 communication. The use of the IBT's logo in the flyer is permitted by Article XI, Section 1(b)(6) of the Rules. See Brazeau, 2001 EAD 316 (April 18, 2001). Further, the flyer is clearly Unity slate campaign material.
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 (fax: 202-454-1501), 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 343
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 313
220 S. 27th Street
Tacoma, WA 98402
313 Unity Slate
Wayne Johnson
220 S. 27th Street
Tacoma, WA 98402
Glenn Cisco
18407 40th Street
Tacoma, WA 98446
Christine Mrak
2357 Hobart Avenue SW
Seattle, WA 98116