IN RE: DAVID DETHROW,
Protest Decision 2001 EAD 432
Issued: August 27, 2001
OEA Case No. PR082011SO
David Dethrow, a member of Local 688, 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"). He alleges that Local 682 discriminatorily offered to rent its facilities to the Hoffa slate but not the Leedham slate for a campaign event, in violation of Article VII, Section 11(c) and Article XI, Section 1(b)(6) of the Rules.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
On August 17, 2001, the Hoffa-Young campaign had a rally at Local 682. Local 682 president R. J. "Duck" Wurst stated that a Young campaign representative contacted him to request the use of the union hall for the rally. Wurst further claimed that before he made any arrangement with the campaign he sent a letter addressed to Todd Thompson and Matt Ginsberg, with a copy to the Election Administrator, offering the use of the hall to members in good standing at $100.00 plus $22.50 per hour overtime for the maintenance man. Wurst stated that this is the local's usual rate for the rental of the hall and is published in its policy and procedures. Wurst stated that the Hoffa campaign contacted him on August 9 or 10 to make arrangements for the rally. Leedham campaign manager Ginsberg acknowledged receipt of the local union's letter on August 9, 2001.
Based on the foregoing we DENY the protest. Article VII, Section 11(c) and Article XI, Section 1(b)(6) of the Rules permit a local union to rent its facilities to a candidate at fair market value, so long as all candidates are notified in advance in writing of the facility's availability and are provided equal access. This occurred here.
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 (facsimile: 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 432
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
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr.
Suite 1100
2777 N. Stemmons Freeway
Dallas, Texas 75207
IBT Local 682
5730 Elizabeth Ave.
St. Louis, MO 63110
David Dethrow
2843 Radner
St. Charles, MO 63301