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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ALFRED P. DEREY,
Protest Decision 2001 EAD 192
Issued: February 26, 2001
OEA Case No. PR021514MI

Alfred Derey, secretary-treasurer of Local 372 and a 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"). Derey alleges that his opponent in the delegate election, Dennis Nazelli, received prohibited support from non-members in connection with the mailing of candidate literature.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact and Analysis

Non-members, among others, helped Nazelli prepare his mailing of campaign literature. Specifically, Mildred Kenyon, a retiree, and Tom Bernak, a Local 2040 member currently on withdrawal, helped Nazelli. They provided their labor, but no supplies, in assisting Nazelli.

When Nazelli initially contacted Kenyon and Bernak, Nazelli indicated that as a thank-you for their help, he would take them out for meals. Nazelli took Bernak out for a meal on the night of the mailing and took Kenyon out for a meal three days later. The cost of these meals was not great.

We have provided guidance on permitted and prohibited campaign contributions. Advisory on Campaign Contributions and Disclosure, September 27, 2000. The Advisory reiterates the Rules' prohibition on contributions from non-members. Rules, Article XI, Section 1(b)(4); Advisory, Article III, Section B.

Article III, Section I of the Advisory discusses the treatment of donations. According to this section, non-members may provide personal services to a candidate if the non-members, among other things, receive no compensation for their services.

Nazelli's compensation of his helpers, regardless of its value, means that the personal services provided constituted prohibited campaign contributions. "Candidates are strictly liable for ensuring that each contribution received is permitted." Rules, Article XI, Section 1(b)(13)).

Accordingly, we GRANT the protest.

When the Election Administrator determines that the Rules have been violated, he "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator views the nature and seriousness of the violation as well as its potential for interfering with the election process.

Based upon the foregoing, we order Nazelli to cease and desist from receiving any campaign contributions from non-members. A decision of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73.

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 192

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

 

Alfred P. Derey

IBT Local 372

2741 Trumbull Avenue

Detroit, MI 48216

 

Dennis Nazelli

19785 Purling Brook

Livonia, MI 48152

 

Michael Nicholson

122 S. Main St.

Suite 210

Ann Arbor, MI 48104