Protest Decisions

IN RE: TODD THOMPSON,
Protest Decision 2001 EAD 258
Issued: March 23, 2001
OEA Case No. PR031913ME

Todd Thompson, campaign manager for the Hoffa 2001 Unity slate (the "Hoffa campaign"), 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 name of one slate running in Local 773's delegate election was chosen to confuse voters in the local union delegate election and divert votes from the slate endorsed by the Hoffa campaign.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Findings of Fact and Analysis

There are three slates and three independent candidates running in the Local 773 delegate election. Two of the slates have names that indicate their support of the Hoffa campaign: "Team 2000 for Hoffa" ("Team 2000") and "Rank and File for Hoffa" ("Rank and File"). The Hoffa campaign endorses Team 2000. According to Thompson, the Rank and File slate is a "counterfeit Hoffa slate" and its members are actually supporters of the Tom Leedham campaign. The third slate, "Working Teamsters for Tom Leedham Team" ("Leedham Team") supports the Leedham campaign.

John Betz, a member of the Rank and File slate, stated that the members of his slate are Hoffa supporters and explained that the slate chose the appellation "Rank and File" because none of its members are currently Local 773 officers.

Thompson's witness, Al Seeley, a Local 773 member, stated that Betz told him that he was asked to run for delegate by John Zelko, a candidate for delegate and member of the Leedham Team. Seeley assumed that their intent was to split the vote. He has no evidence to support his assumption.

Both Zelko and Betz denied that there was an arrangement between the slates. Zelko and Betz are co-workers and during a casual conversation about the Convention, Zelko jokingly told Betz, "If you want to go to Vegas for a week, put your name in." John Covert, another Rank and File member, later asked Betz to join the slate.

In Thompson, 2001 EAD 232 (March 12, 2001), we held, "[a] slate may support the candidate of its choice, even if that candidate endorses another slate. Furthermore, the Rules provide all parties with ample time to educate the … membership as to their views and their slate names." As in Thompson, we find no evidence that the Rank and File slate chose its name to confuse voters in violation of the Rules. Nor is this a situation where one slate has chosen a name that has historically been identified with a competing slate. See Dunning, P189 (October 13, 1995). There is no evidence to support the claim that the members of Rank and File do not actually support the Hoffa campaign. Compare Owens, P628 (March 28, 1996) (Election Officer found no violation where evidence suggested that "Ron Carey Support Slate" members were actually Hoffa supporters). We find that the Rank and File slate may use the Hoffa name regardless of whether the Hoffa campaign endorses it, and 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, N.W., 10^th Floor, Washington, D.C. 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 258

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