IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 390
Issued: June 20, 2001
OEA Case No. PR060711NA
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 the Tom Leedham Rank and File Power slate (the "Leedham slate") is distributing a videotape to its supporters that was developed during the 1991 International officer election, and is thus indirectly using campaign funds raised in prior elections.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
The Leedham slate is distributing copies of a videotape entitled "Ten Days that Shook the Teamsters" to certain of its supporters. The tape is a two-hour film dealing with the 1991 IBT convention. The slate purchased these tapes from Teamsters Rank and File Education and Legal Defense Foundation ("TRF") for the same price that TRF charges to others, i.e., $6.00 per tape for orders over 10 tapes. This cost exceeds the production value and shipping costs for the tapes.
Based on the foregoing, we DENY the protest. There is no contribution of funds raised in prior election cycles being made via the sale and distribution of the 1991 convention tapes. Rather, there is only a purchase by a campaign at a commercially reasonable price of material to be used for political purposes. This is proper under Article XI of the Rules. See Hoffa Unity Slate, 2001 EAD 386 (June 11, 2001), appeal pending.
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 390
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
Teamsters Rank and File Education
and Legal Defense Foundation
7437 Michigan Avenue
Detroit, MI 48210