IN RE: FRANK BUSALACCHI,
Protest Decision 2001 EAD 271
Issued: March 27, 2001
OEA Case No. PR021414MW
Frank Busalacchi, secretary-treasurer of Local 200 and a delegate candidate on the Members United 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"). Busalacchi alleges that the Tom Leedham Delegate slate violated the Rules by submitting two slate declaration forms, neither of which contained signatures of all candidates named on the forms. Busalacchi also alleges that the forms contained signatures of members not present at the nomination meeting.
Election Administrator representative Laurie Schwefel investigated the protest.
Findings of Fact and Analysis
Local 200 held its nomination meeting for delegates and alternate delegates in Milwaukee, Wisconsin on February 13, 2001. On that day, two slate declaration forms were submitted by the Tom Leedham Delegate slate. Each form contained the printed names of all members on the slate in the same order, but neither form contained signatures of all members named. In combination, however, each person listed as a slate member had signed at least one of the declaration forms.
The Election Administrator's official slate declaration form states, "All names and signatures of candidates forming a slate must be contained on a single form." Nevertheless, the Rules do not make a similar blanket statement. Rather, Article VIII, Section 1(b) states that the mutual consent required for a slate "shall be evidenced by the signing of a declaration by all members of the slate."
Often, geographic differences make it difficult for members to sign the same piece of paper. Therefore, as a substitute for using one declaration form, we have permitted slates to be formed using multiple slate declaration forms as long as each declaration form lists the same candidates in the same order. By requiring each form to contain the names and order of all slate members, each prospective slate member can see who else will be on the slate before deciding to join. As a result, the combination of declaration forms evidences the same mutual consent ordinarily demonstrated by one form. We find that the signatures of all members on the Tom Leedham slate comprise one declaration to form a slate, albeit through two pieces of paper.
Furthermore, nothing in the Rules prohibits the signing of a slate declaration form prior to a nomination meeting. Once a member begins "actively seeking nomination" as a delegate or alternate delegate candidate, he or she becomes a "candidate." Definition 6. This definition, therefore, permits members to be candidates before being nominated. Once a candidate, a member may join with other such candidates to form a slate. Article VIII, Section 1(a). Therefore, multiple candidates may properly form a slate before a nomination meeting.
For the foregoing reasons, 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 271
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
Tom Leedham Delegate Slate
Attn: Tim Buban
4220 S. Katherine Dr.
New Berlin, WI 53151
Frank Busalacchi
IBT Local 200
6200 W. Bluemound Rd.
Milwaukee, WI 53213
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657