Protest Decisions

IN RE: Michael Lectora,
Protest Decision 2001 EAD 351
Issued: May 7, 2001
OEA Case No. PR041713NE

See also Election Appeals Master decision 01 EAM 76 (KC)

Michael Lectora, former candidate for Local 237 delegate election on the New Age 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"). He alleges that the Haynes 237 Unity Team ("237 Unity team") was given access to members' phone numbers to solicit support for the delegate elections and the New Age slate was denied such access.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Findings of Fact

Local 237 mailed ballots for its delegate election on April 2, 2001. Shortly thereafter, Local 237 members began receiving recorded phone messages encouraging the members to vote for the 237 Unity team. Lectora contacted election committee chairperson Barbara Deinhardt and requested access to the members' phone numbers so that his slate could make similar calls. Deinhardt denied Lectora's request, stating that for privacy reasons the local does not disseminate members' phone numbers. Lectora claims that the 237 Unity team candidates that are local union officials gained an unfair advantage by having access to members' phone numbers.

Susan Davis, counsel for Local 237, stated that the Hoffa Unity slate was responsible for the phone messages to the Local 237 members. Todd Thompson, campaign coordinator for the Hoffa Unity slate, confirmed this statement.

Pursuant to Article VII, Section III of the Rules, the Hoffa Unity slate received a complete IBT membership list from the Election Administrator's office. The Hoffa slate then contracted with Voter Link, a third party vendor, to provide phone numbers for the members on the list. A phone message was composed and delivered to Local 237 members.

Analysis

In Speak, 2001 EAD 331 (April 30, 2001), we found that the telephone polling done by the Hoffa campaign was "legitimate political activity designed to identify slate supporters and encourage them to vote in the … delegate election." The same applies here. The Hoffa slate's purchase and use of Local 237 members' phone numbers for purpose of soliciting support for the 237 Unity team did not violate the Rules, and, we accordingly 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 351

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