OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: WADE LASZLO, ) Protest Decision 2011 ESD 263
) Issued: May 23, 2011
Protestor. ) OES Case No. P-270-051711-MW
____________________________________)
Wade Laszlo, member and elected delegate of Local Union 320, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Local Union 320 violated the Rules by forwarding to him and other elected delegates campaign material received at the local union hall from a slate of candidates for International office.
Election Supervisor representative Joe Childers investigated this protest.
Pursuant to Article VII, Section 4 of the Rules, “[e]ach accredited candidate for International office has the right to request and receive from the Election Supervisor a list of all certified delegates with corresponding addresses.” The purpose for providing this list is to enable an accredited candidate to communicate directly with delegates, to seek their support in achieving nomination for International office.
Pursuant to the request of Hoffa-Hall 2011, OES supplied it a list of all certified delegates. That list included all elected delegates from Local Union 320. However, the addresses listed for those delegates was that of the local union because they had not provided alternative addresses to which communications should be directed. Hoffa-Hall 2011 sent them correspondence at the addresses shown for them on the list of certified delegates (the local union hall).[1] However, as none of the elected delegates from Local Union 320 is employed at the local union hall, the local union forwarded the Hoffa-Hall 2011 correspondence to the delegates at their residential addresses.
This protest followed, alleging that the local union impermissibly used union resources to aid the Hoffa-Hall 2011 campaign by receiving and forwarding that slate’s correspondence to them.
When investigating the protest, our representative explained to the protestor that, had the local union not forwarded the campaign literature received for the delegates at the local union hall, Hoffa-Hall 2011 would have been deprived of its right under Article VII, Section 4 of the Rules to communicate with those delegates. Our representative also notified the protestor of his right (and that of the other elected delegates who were elected to represent the local union) to change the addresses shown on the list of certified delegates to their residential addresses. Based on this information, the protestor requested to withdraw the protest.
Finding that permitting withdrawal is consistent with the purposes of the Rules, we deem this protest WITHDRAWN.
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.[1] Precedent establishes that an accredited candidate for International office does not violate the Rules by corresponding with a delegate at the delegate’s local union address, where that is the address listed for the delegate. Hoffa 2006, 2006 ESD 326 (July 18, 2006).
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 263DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.com
Fred Zuckerman
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Wade Laszlo
5425 152nd Avenue
Ramsey, MN 55303-6115
steward320@msn.com
Sue Mauren, Secretary-Treasurer
Teamsters Local Union 320
3001 University Avenue SE #500
Minneapolis, MN 55414
smauren@teamsterslocal320.org
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street
1900 Lexington Financial Center
Lexington, KY 40507
childerslaw@yahoo.com
William C. “Bill” Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com