IN RE: DENNIS SPEAK,
Protest Decision 2001 EAD 186
Issued: February 22, 2001
OEA Case No. PR020514SO
Dennis Speak, a member of Local 41, 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"). Speak alleges that the Phil Young-Jim Hoffa Members First slate (the "YH slate") violated Article XI, Section 1(b)(9)(B) when it distributed bumper stickers saying "Hoffa-Young 2001." He further alleges that the bumper stickers and buttons distributed by the YH slate bear the same colors as the Hoffa International officer campaign and were improperly paid for by donations made for the International officer election, in violation of the same Rules provision.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
Young is an International Vice President and a candidate for this same position on the Hoffa slate in 2001. He is also president of Local 41 and has formed a slate of incumbent local officers and employees to run as candidates in the local's delegate election. Young is not a member of the slate, nor is he a candidate for delegate from Local 41.
The YH slate maintains a fund in which it keeps campaign contributions raised for the YH slate delegate and alternate delegate candidates. Young separately maintains a campaign fund for monies raised to support his International officer candidacy.
Young provided samples of the bumper stickers and button that are the subject of the protest. He also provided copies of the checks and invoices for each of these items. Each invoice identifies the check in payment on that invoice. The bumper sticker printer confirmed all these transactions. Young also provided copies of the latest CCER filed by the Hoffa-Young Campaign Committee.
The above documents show that the "My President is Jimmy Hoffa" and the "Vote Hoffa Again!" bumper stickers, and the Hoffa-Young campaign buttons at issue were paid for by Young's International officer campaign fund, the "Hoffa-Young 2001" fund. They also show that the remaining items (the "Vote Phil Young-Jim Hoffa Members First slate" pens, the "2001 I support Phil Young-Jim Hoffa Members First slate" bumper stickers, and the "Vote Phil Young-Jim Hoffa Members First slate" decals) were all paid for by the YH slate's campaign fund.
The foregoing funding sources for materials supporting, respectively, Young's International officer candidacy and the candidacies of the YH slate members is consistent with the requirements of Article XI, Section 1(b)(9)(B) of the Rules. Accordingly, the protest is without merit and is DENIED.
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 186
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
Dennis Speak
6907 North Brookside
Liberty, MO 64068
Phil Young
IBT Local 41
4501 Van Brunt Blvd.
Kansas City, MO 64130
Dolores Hall
1000 Belmont Place
Metiarie, LA 70001