IN RE: AVRAL THOMPSON,
Protest Decision 2001 EAD 274
Issued: March 27, 2001
OEA Case No. PR031915MW
Avral Thompson, the campaign manager for the Zuckerman/Washburn Unity slate running in Local 89's delegate election, 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"). Thompson alleges that Bob Winstead, an employer, contributed an audiotape to the United Rank and File slate (the "Rank & File slate") for use in the upcoming delegate election.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
In late 1999, Winstead surreptitiously recorded a conversation with Fred Zuckerman when he and Zuckerman were candidates for president of Local 89. Zuckerman won the election and is Local 89's current president. David Thornsberry, campaign manager for the Rank & File slate, admits that in May or June 2000, the Rank & File slate received from an anonymous contributor an audiotape of the conversation. Later, in March 2001, an anonymous contributor sent to the Rank & File slate more than 100 compact discs with the taped conversation. The return label simply stated, "D." The package contained no indications of its mailer.
Although Thompson asserted to our investigator that Winstead had sole possession of the tape, we find otherwise. Winstead said that while running for office, he recorded the conversation and copied it onto micro-cassettes between ten and twenty times. Shortly after making the copies, Winstead added, he distributed them to business agents and supporters. Winstead denies ever making any copies of the tape onto compact discs. He also denies distributing any copies, on tape or compact disc, in connection with the Local 89 delegate election. He said that he has no idea who made the copies. The protestor has provided no evidence connecting Winstead to the copying or distribution of the tape or compact discs that were sent anonymously to the Rank & File slate.
We find that Winstead distributed copies of his taped conversation with Zuckerman to third parties in connection with matters unrelated to, and prior to, Local 89's delegate election. Without additional evidence, we will not assume that Winstead engaged in further copying or distribution of the tapes for use by the Rank & File slate.
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 274
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
Avral Thompson
9135 Loretto Road
Loretto, KY 40034
IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
Bob Winstead
48 Lake Shore Parkway
Brandenburg, KY 40108
David Thornsberry
Rank & File Slate
10403 Truman Way
Louisville, KY 40299
Fred Zuckerman
Zuckerman/Washburn Unity Slate
IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657