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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 386
Issued: June 11, 2001
OEA Case No. PR053011NA

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"). It alleges that Labor Notes, as an employer and IBT vendor, improperly contributed its mailing list to the Tom Leedham Rank and File Power slate (the "Leedham slate").

Election Administrator representative Lisa Sonia Taylor investigated the protest.

Findings of Fact and Analysis

The Leedham slate mailed an April 16, 2001 solicitation letter for contributions to its legal and accounting fund. It was addressed to "supporter[s] of union democracy," was critical of the Hoffa campaign, and included the following paragraph:

Under the election rules, non-Teamster members are allowed to contribute to a fund to pay for legal and accounting services. Your contribution of $1000 to the Tom Leedham Legal & Accounting Fund could help uphold an appeal sanctioning Hoffa for threatening reform delegates. A pledge of $500 might pay for professional analysis of Hoffa's campaign filings to discover illegal employer contributions. A $100 donation will help us file an equal-access protest granting us an article in a Teamster-affiliate newspaper.

By letter dated May 7, 2001, the Hoffa slate contacted the offices of the publication Labor Notes, claiming that it supplied the Leedham campaign with access to its mailing and subscription list in violations of the Rules. The slate suggested that Labor Notes could remedy this violation by providing equal access to the Hoffa campaign. When Labor Notes failed to respond, this protest was filed..

Our investigation revealed that the mailing list used for the April 16 mailing came from an entity other than Labor Notes. The Leedham slate purchased the mailing list from this entity at a cost of between 16 and 17 cents per name. Our investigation further revealed that this price was commercially reasonable, given the availability of targeted mailing lists for less than this price from commercial vendors. Thus, the evidence here does not establish that the mailing list was contributed to the Leedham campaign by Labor Notes or any other employer. Rather, it was purchased at a commercially reasonable rate, a practice permitted under the Rules.

Accordingly, 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 385

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

 

Labor Notes

7435 Michigan Ave.

Detroit, MI 48210