IN RE: EDWARD KEYSER,
Protest Decision 2001 EAD 236
Issued: March 14, 2001
OEA Case No. PR021415ME
Edward Keyser, temporary trustee of Local Union 115, 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"). He alleges that the Local 115 Teamsters United slate (the "TU slate") improperly used a membership list for a campaign mailing.
Election Administrator representative William Kane investigated the protest.
Findings of Fact and Analysis
The TU slate sent a campaign mailing to all members of the local union to coincide with the February 9 ballot mailing. The mailing declared that the slate, if elected, would support the nomination for international office of the Leedham slate. Investigation showed that the Leedham campaign supplied the membership list to the slate. The slate did not copy the list or use it for any purpose other than the mailing. Moreover, all unused labels were destroyed. The protestor supplied no evidence to contradict these facts.
Article VII, Section 3(a) authorizes an accredited candidate for international office to use a membership list in a delegate campaign, "provided that the list is used solely to advance the accredited … candidate's campaign for nomination and/or election." Leedham is an accredited candidate. Here, the TU slate's use of the membership list was solely to advance the campaign for nomination of the Leedham slate and was therefore permissible under the Rules. Accordingly, 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 (fax: 202-454-1501), all within the time 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 236
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
Edward Keyser
2833 Cottman Avenue
Philadelphia, PA 19149
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149
Local 115 Teamsters United Slate
c/o Alvaro Quinones
8362 Holman Avenue
Pennsauken, NJ 08110
William Kane
242 Old Haymaker Road
Monroeville, PA 15146