IN RE: Hoffa Unity Slate,
Protest Decision 2001 EAD 388
Issued: June 15, 2001
OEA Case No. PR031212NA
The Hoffa Unity slate filed the above-captioned 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 attorney Barbara Harvey, current counsel to IBT Local 2000, may be using funds paid to her by the local union to subsidize her work for Teamsters for a Democratic Union ("TDU") and/or Teamsters Rank and File Education and Legal Defense Foundation ("TRF").
Election Administrator representatives Bruce Dubinsky and Lisa Sonia Taylor investigated the protests.
Findings of Fact and Analysis
The Hoffa slate alleges that the TRF CCER 3 lists no legal fees paid to attorney Barbara Harvey and claims that she may be using funds paid to her as Local 2000's counsel to subsidize her legal work. Harvey has served as counsel to Local 2000 since a recent change in administration at the local following its officer elections.
TRF's CCER 3 does report performance of in-kind legal services by attorney Harvey on its CCER 3, but did so in the redacted version of that document, which is not available for distribution to candidates and slates under Article XI, Section 2(e) of the Rules because Harvey is a contributor to TRF. See Taylor, 2000 EAD 75 (December 29, 2000), aff'd on other grounds, 01 EAM 16 (February 8, 2001).[1]
There is no evidence that Harvey has billed or received payment from Local 2000 for performing legal services for TDU or TRF, and she has so affirmed to our investigators. Harvey stated to our investigators without contradiction that her services to TDU and TRF have been provided on a pro-bono basis, as permitted by Article XI, Section 1(b)(5) of the Rules. Accordingly, we DENY this protest allegation.
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, N.W., 10th 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 388
DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):
|
Patrick J. Szymanski Bradley T. Raymond J. Douglas Korney Barbara Harvey Tom Leedham Todd Thompson |
Betty Grdina Teamsters for Democratic Union Bruce G. Dubinsky IBT Local 2000 Teamster Rank & File Education and Legal |
[1] Harvey's and attorney Paul Alan Levy's in-kind contributions of legal services for CCER reporting period 2 were disclosed to candidates because they were not marked by TRF on its Supplemental Form No. 1 for redaction. The same is true for Levy's contribution of legal services for CCER reporting period 1. See Taylor, supra. The page of TRF's Supplemental Form No. 1 for CCER reporting period 3 that disclosed Harvey's contribution for that period was marked for redaction, and accordingly Harvey's contribution for that period was not disclosed to the Hoffa slate. Rather, only the total of in-kind contributions for that reporting period was disclosed, albeit with the notation that the total represented only one in-kind contributor.