IN RE: TOM LEEDHAM SLATE,
Protest Decision 2001 EAD 391
Issued: June 20, 2001
OEA Case Nos. PR111504NA
The Tom Leedham Rank and File Power Slate (the "Leedham 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 campaign finance and disclosure violations by Hoffa Unity slate candidate Jack Cipriani, in violation of the provisions of Article XI of the Rules.
Election Administrator representative Bruce Dubinsky, CPA investigated the protest.
Findings of Fact and Analysis
1. The protest alleges that Cipriani filed an incomplete CCER with respect to a fundraising event in Portland, Maine. The protest alleges that Cipriani's filing improperly omitted data required on the report, such as documents related to the fundraiser and the local union numbers for IBT member-contributors. This has been substantially remedied by the filing of an amended report.[1] The protest allegation related to it is accordingly deemed RESOLVED.
2. As to that same event, the Leedham slate also alleges that it was improperly coordinated with an annual IBT Brewery and Soft Drink Workers Conference event, and thus constituted improper use of union resources. The fundraiser occurred on June 8, 2000, during a three day meeting of the Division and local unions affiliated with it. The evidence established that the Conference meeting concerned legitimate union business, including collective bargaining and attendee education. As an official of the Conference, Cipriani made several presentations and conducted several meetings, including a meeting with Anheuser-Busch locals. Cipriani was the chief union spokesperson during the recent negotiations with that employer.
The fundraising event occurred in the back of a cocktail lounge at the hotel site of the meeting on the evening of June 8. This was where attendees congregated at the end of the day. The event was unstructured and informal and lasted about one hour. Contributions with a specified minimum of $50.00 were raised. There were no speeches and no advance flyers announcing the event. Tickets were, however, prepared in advance under the belief that this was required. The lounge remained open to the public during the event. A volunteer recorded the contributions collected. A tab was run at the bar for the attendees, and the tab was paid for from the proceeds collected.
There is no evidence that any attendee at the fundraising event traveled to Portland in order to go to the fundraiser. Cipriani was scheduled to be at the Conference's meeting given his position as an officer. Other attendees at the fundraiser all traveled to Portland for union business.
Based on the foregoing, we DENY the protest allegation, given the lack of any evidence that union resources were used to support the Cipriani fundraiser.
3. We also DENY the protest allegation that challenges the appearance of a "union bug" on Cipriani's CCER Supplemental Form #1, suggesting it indicates the use of union resources. The mark appeared on the form because it was distributed in that form to candidate Cipriani by our office.
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 391
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
Jack Cipriani
IBT Local 391
3100 Sandy Ridge Road
Colfax, NC 27235
Bruce Dubinsky
Klausner Dubinsky & Associates
4520 East West Highway
Suite 640
Bethesda, MD 20814
[1] One donor's address is still missing on the amended filing, and the aggregation of a contributor's donations is stated improperly. However, CPA Dubinsky's firm is working with the campaign to address these technical deficiencies.