Protest Decisions

IN RE: NANCY YOKE,
Protest Decision 2001 EAD 250
Issued: March 20, 2001
OEA Case No. PR022211SO

Nancy Yoke, a Local 41 member and delegate candidate on the Phil Young-Jim Hoffa Members First slate (the "Young-Hoffa 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"). She alleges that the opposition Dennis Speak Team slate (the "Speak slate") placed an electric sign advertising the slate on an employer's property without cost, and by doing so received an improper employer contribution in violation of Article XI of the Rules.

Election Administrator representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

Ralph Norton is a delegate candidate on the Speak slate. He is acquainted with Jesse Eakins, the owner of Eakins Garage, which is located across the street from a Yellow Freight facility where approximately twelve hundred Local 41 members work. Eakins is the leaseholder of the property on which is garage is located.

Norton asked Eakins if he could rent space to place a campaign sign on his property. Eakins agreed, but told Norton that he did not want money for the rental, since that would cause him paperwork and accounting problems, which were not worth the profit he would make from a one-month cash rental. Instead, Eakins agreed to grant the rental in return for a Norton-paid barbecue lunch for him and two employees. In addition, he asked Norton to pay him the cost of electricity for the sign for one month. Norton agreed, the lunch was purchased (for $19.17), and Norton agreed to pay the electrical cost upon receipt of the utility bill.

The Rules prohibit receipt of employer contributions. Article XI, Section 1(b)(2). Eakins is an employer because he employs others. Rules, Definitions, ¶17. However, we conclude that no employer contribution was made or received here because Eakins received a reasonable, albeit unorthodox, payment for the rental of space to the Speak slate for display of its campaign sign.

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 15^th 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 250

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