IN RE: DANNY BRUNO,
Protest Decision 2001 EAD 174
Issued: February 20, 2001
OEA Case No. PR020815WE
See also Election Appeals Master decision 01 EAM 44 (KC)
Danny Bruno, secretary-treasurer of Local 396 and a delegate candidate on the Dan Bruno 396 Unity 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"). Bruno alleges that candidates on the opposing 396 Rank & File Power slate (the "Rank and File slate") improperly obtained and used the local union's membership list. Bruno also alleges that the Rank and File slate did not mail its literature through the mailing house designated by the Honest Ballot Association ("HBA") at the nomination meeting. Finally, Bruno speculates that the Rank and File slate obtained stamps from the Tom Leedham campaign.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact
Local 396 is in the midst of its election for delegates and alternate delegates. A representative of the HBA conducted the local's nomination meeting on January 7, 2001. The representative denies telling the candidates that campaign literature needed to be sent through any specific mail service. She recalls telling members at the nomination meeting that the local union (not HBA) would provide details regarding the distribution of literature.
Ballots were mailed on February 6, 2001 and will be counted on March 1, 2001. On or around February 5, 2001, the Rank and File slate mailed campaign literature to Local 396 members. The Rank and File slate supports Tom Leedham's campaign for president of the International Brotherhood of Teamsters. In preparation for the mailing, the Rank and File slate obtained from the Tom Leedham campaign mailing labels with the members' names and addresses. The Rank and File slate applied the labels and stamps to the literature and mailed it directly. We find that, contrary to the speculation of Bruno, the Rank and File slate paid for the stamps through member donations. The Rank and File slate did not use a mailing house.
Analysis
The Rules prohibit the use of membership lists obtained by International Officer candidates "for any purpose other than advancing the accredited or nominated [International Officer] candidate's campaign for nomination and/or election." Article VII, Section 3(a). Delegate and alternate delegate candidates may use such a list "solely to advance the accredited or nominated [International Officer] candidate's campaign for nomination and/or election." Id.
Previous Election Officers have consistently upheld the dissemination of a local union's membership list from an International Officer candidate to a supporter who is running for delegate or alternate at the local union. Although the Election Officer found misuse of the membership list on other grounds in In re Baudo, P702 (May 10, 1996), she reiterated that International candidates may disseminate the membership list to delegate candidates "whose election will advance the election of the International candidates." Id. at 4. The Rank and File slate clearly supports Tom Leedham. We, therefore, find no misuse of the membership list.
Furthermore, we find that the Rank and File slate has not mailed its literature improperly. Article VII, Section 7 of the Rules requires each local union to establish procedures for distributing delegate candidates' literature. Nevertheless, nothing in the Rules prevents delegate candidates, who support international candidates, from mailing literature directly to members, rather than through an agency.
Finally, we find no evidence that anyone other than local union members paid for the stamps on the literature.
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, 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 174
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
Danny J. Bruno
IBT Local 396
7713 Ramona Avenue
Rancho Cucamonga, CA 91730
Ernesto Perez
18209 9th Street
Bloomington, CA 92316
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116