IN RE: TOM LEEDHAM SLATE and HOFFA UNITY SLATE,
Protest Decision 2001 EAD 404
Issued: July 2, 2001
OEA Case Nos. PR062713NA and PR062714NA
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 that supporters of the Hoffa Unity Slate (the "Hoffa slate") intimidated voters while they were on their way to the polls on June 27, 2001 to vote for nomination of regional International Vice-President candidates. The Hoffa slate has also filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules. It alleges that the Election Administrator and the General Counsel reacted to the above-referenced alleged conduct of Hoffa slate supporters in a manner that demonstrated their political bias towards members of the Leedham slate.
Pursuant to Article XIII, Section 2(f) and Definition 14 of the Rules, I designate Election Administrator Representative Jeffrey Ellison to investigate and determine the merits of each of the above-referenced protests, and to determine the appropriate remedy if he finds any violation of the Rules.
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 404
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
Jim Santangelo
9960 Baldwin Place
El Monte, CA 91731
Todd Thompson
Hoffa Unity Slate
2009 Pennsylvania Ave. SE
Washington, DC 20003
Andrew Schilling
Assistant United States Attorney
100 Church Street
19th Floor
New York, New York 10007
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226