IN RE: BILL ZIMMERMAN and TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 427
Issued: August 21, 2001
OEA Case Nos. PR073111WE, PR080211NA, PR080612WE and PR080712MW
Bill Zimmerman, a member, president of Local 206 and delegate to the June 2001 IBT convention, and the Tom Leedham Rank and File Power Slate (the "Leedham slate") filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). The Zimmerman protest (PR073111WE) alleged that the IBT's July 2001 issue of the Teamster Leader magazine was, because of its content, "an improper use of union resources to further the campaign of the Hoffa Unity Slate ... [and] comes across as an endorsement of the Hoffa Unity Slate by the IBT." The three Leedham slate protests challenged, first, the IBT's alleged failure to submit the July 2001 Teamster Leader to the Election Administrator for review and approval prior to publication, pursuant to Article VII, Section 8(e) of the Rules, second, Local 396's alleged use of its membership newsletter "to support the Hoffa Unity Slate campaign [and to state] an endorsement of the Hoffa Unity Slate in violation of the Rules," and third, Joint Council 39's alleged use of its July 2001 issue of the Wisconsin Teamster to support and endorse the Hoffa Unity Slate (the "Hoffa slate").
We decided these protests in Zimmerman, 2001 EAD 424 (August 10, 2001), appeal pending, and ordered relief. On August 14, 2001, the IBT requested a stay of remedy "pending resolution of our appeal in this matter - as well as the other matters pending involving the use of the words "unity," "pride," and "strength" - by Judge Conboy." We DENY the stay in light of the Election Appeals Master's decision in Martinez, 01 EAM 87 (August 17, 2001).
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 427
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
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Todd Thompson
Hoffa Unity Slate 2001
209 Pennsylvania Ave. SE
Washington, DC 20003
Bill Zimmerman
7104 NE 61st Avenue
Vancouver, WA 98661
IBT Local 396
Danny J. Bruno
880 Oak Park Road
Suite 200
Covina, CA 91724
IBT Joint Council 39
1546 Main Street
Green Bay, WI 54302
IBT Local 23
Michael Maramonte
633 S. Hawley Road
Suite 102
Milwaukee, WI 53214
Scott Soldon
Previant, Goldberg, Uelmen, Gratz,
Miller & Brueggeman, P.C.
1555 North Rivercenter Drive
Milwaukee, WI 53312