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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 352
Issued: May 7, 2001
OEA Case No. PR040613MW

The Hoffa Unity 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"). The protest alleges that the Sladek Reform Team Local 734 delegate slate (the "SRT slate") received an employer contribution in support of its campaign, in violation of Article XI, Section 1(b)(2) of the Rules.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

Sladek is a member of Local 734 and an unsuccessful candidate for delegate on the SRT slate. His running mate David Van Etten arranged for the creation of a "free" slate website with the assistance of his co-worker Bob Martin, in whose name the site was obtained. In exchange for the site, provider 20m.com ran advertisements on the site, from which it generated revenue. 20m.com has an advertising sales staff and is thus an employer. Such websites are available through 20m.com to any person or entity that will allow such advertising. 20m.com retains all advertising revenue. Martin says that he could have selected an ad-free site, but would have required payment of a monthly fee.

The SRT website contains and thus publicizes slate campaign materials. Banner ads display at the top of each page. While the 20m.com website states that advertising "will make every effort to display advertising relevant to the content of user web pages," what is displayed are general ads as one might see on any website. The sign-up form for free web space requires a name, email address and a few personal statistics that one can assume are marketed as part of email list sales.

Based on the foregoing, we DENY the protest. The SRT slate did not receive a contribution from 20m.com. Instead, it obtained a website through a commercially reasonable barter arrangement available to members of the public at large. Under that arrangement, the slate received a website and a domain name in return for its agreement to allow advertising to be displayed on that site, from which 20m.com received its profit.

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 352

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

 

IBT Local 734

300 S. Ashland Ave.

Room 306

Chicago, IL 60607

 

Todd Thompson

Hoffa Unity Slate

209 Pennsylvania Ave. NW

Washington, DC 20003

 

John Sladek

2613 W. 75th Street

Woodridge, IL 60607

 

Dennis Sarsany

1829 Eddy Street

Chicago, IL 60657