IN RE: DENNIS NAZELLI,
Protest Decision 2001 EAD 145
Issued: February 7, 2001
OEA Case No. PR020211MI
Dennis Nazelli, a Local 372 member and 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"). Nazelli alleges that Local 372 secretary-treasurer Al Derey, another delegate candidate, misled Nazelli and the Leedham campaign by omitting casino workers' names from a membership list sent to the Leedham campaign and stating that such workers would be ineligible to vote.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact
In October 2000, the Detroit Union Council (the "Council") ratified a contract covering unionized employees at the MGM Grand Detroit Casino and the Motor City Casino. The Council represents members of the Teamsters, Operating Engineers, UAW, and Hotel Employees & Restaurant Employees unions. Approximately 250 of these Detroit casino workers are, or soon will be, dues-paying members of Teamsters Local 372.
Notwithstanding the contract ratification, arriving at a common dues structure for all Council members posed a challenge because these individual unions have different dues structures. After the parties agreed to one dues structure, it had to be approved by the IBT General Executive Board (the "GEB") with respect to the Local 372 Teamsters. Local 372 sent the dues structure proposal to the GEB on January 8, 2001.
Before the approval of the casino workers' dues structure, Tom Leedham, an accredited candidate for General President, requested a membership list through our office. The list provided did not contain casino workers' names, so Leedham campaign manager Matt Ginsburg inquired about the status of these workers.
Attorney Lisa Taylor of the Office of the Election Administrator discussed the matter with Al Derey, the secretary-treasurer of Local 372. On or around January 16, 2001, Derey informed Taylor that these workers could not be voting members until the GEB approved a dues structure provision that would otherwise violate the IBT Constitution. Derey informed Taylor that the casino workers would likely become members of Local 372 in February 2001.
On or around January 16, 2001, Taylor reported to Ginsburg that Derey had stated that the casino workers were not yet Local 372 members, and thus were not eligible to vote. At the time, both statements were accurate. On January 18, 2001, the GEB approved the dues structure, paving the way for Local 372 to begin signing up casino workers and deducting their dues. As of February 6, 2001, nearly 170 casino workers represented by Local 372 had authorized dues checkoff to commence in February 2001.
On February 1, 2001, Derey and Nazelli discussed the mailing of ballots for the delegate election. Derey informed Nazelli that about 600 ballots would be printed, including about 250 for the casino workers.
Nazelli filed his protest on February 2, 2001. Nazelli has concerns about the fairness of the election because his campaign materials are not aimed at casino workers who, he believed, could not vote. The counting of ballots for Local 372's delegate election will occur on March 13, 2001.
Analysis
The Rules allow voting by a member whose dues have been paid "through the month prior to the month in which the election is held." Article V, Section 1. In order not to penalize new members solely because an employer has not fully deducted initiation fees or the local has not taken steps to collect them, the Rules further provide, "Each newly initiated member who is not in good standing solely because he/she has not fully paid his/her initiation fees, who pays his/her dues and initiation fees by check-off, and who has been employed in excess of six (6) calendar months" is eligible to vote. Article V, Section 1(c).
In accordance with the practice followed by prior Election Officers, the date of the election is the date when ballots are counted, which is March 13, 2001 for Local 372. Therefore, any Local 372 casino worker will be eligible to vote if the worker's dues are paid through February 2001 or if the worker's status comes within any of the other provisions of Article V, Section 1 of the Rules.
We do not find that Derey or Local 372 violated the Rules. When Derey stated that the casino workers were not eligible to vote, they were in fact ineligible.
We DENY the protest. We note, however, that delegate candidates retain the right under Article VII, Section 7 to have their literature mailed to the membership of the local, or to a portion of the membership. Thus, Local 372 candidates may request that one or more mailings be directed specifically to the local union's new casino members.
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 145
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
Local Union 372
2741 Trumbull Ave.
Detroit, MI 48216
Dennis Nazelli
19785 Purling Brook
Livonia, MI 48152