This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TOM LEEDHAM SLATE and HOFFA UNITY SLATE
Protest Decision 2001 EAD 413
Issued: July 24, 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 as they proceeded to the polls on June 27, 2001 to vote for nomination of regional International Vice-President candidates. The Hoffa slate also filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules. It alleges Election Administrator William Wertheimer, Jr., and General Counsel Michael Nicholson reacted to the alleged conduct of Hoffa slate supporters in a manner that demonstrated a political bias towards members of the Leedham slate.

In 2001 EAD 404 (July 2, 2001), the Election Administrator designated the undersigned "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."

In 2001 EAD 410 (July 19, 2001), I granted the Leedham slate's protest and denied the Hoffa slate's protest. To remedy the violation found, I ordered the Hoffa slate to send a notice by July 27, 2001 to delegates, alternate delegates and registered guests of the IBT convention.

On July 23, 2001, the IBT and the Leedham slate appealed the decision. The same date, the Hoffa slate requested the matter "be held in abeyance until such time as it has had an opportunity to review the videotape upon which the decision is predicated." In a separate letter to the undersigned, the Hoffa slate requested "that the remedy set forth in your decision be held in abeyance pending the Hoffa Slate's review of the videotapes and the appeal of this matter to Judge Conboy."

The remedy ordered in 2001 EAD 410 is STAYED pending the resolution of the appeal.

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.

___________________________________

Jeffrey Ellison

Election Administrator designee

cc: Kenneth Conboy

2001 EAD 413

DISTRIBUTION LIST VIA 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

209 Pennsylvania Avenue, SE

Washington, DC 20003

William Wertheimer, Jr.

727 Fifteenth Street, NW

10th floor

Washington, DC 20005

Michael Nicholson

122 S. Main, Suite 210

Ann Arbor, MI 48104

Andrew Schilling

Assistant United States Attorney

100 Church Street

19th floor

New York, NY 10007