IN RE: TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 445
Issued: September 10, 2001
OEA Case No. PR083011WE
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") against the Hoffa Unity slate (the "Hoffa slate"). The protest alleges that candidate James P. Hoffa campaigned inside a Sacramento, California, Campbell's Soup facility in violation of the Rules.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
The protest alleges that on August 28, 2001, Hoffa campaigned in the employee parking lot of the Campbell's Soup facility, and that, in addition, Hoffa entered the plant and campaigned there.
The Hoffa slate, by counsel, admits the allegations of the protest, to wit:
It is not disputed that on August 28, 2001, Jim Hoffa did enter into the premises of Campbell Soup in Sacramento, California for the purpose of campaigning. It is my understanding that he was invited in by Campbell Soup employees and that his stay in the facility was fairly brief.
Article XI, Section 1(b)(2) bars an employer from contributing "directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. No candidate may accept or use any such contribution. … These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel." Article XI, Section 1(b)(13) holds a candidate "strictly liable in insure that each contribution received is permitted under these Rules."
In Thompson, 2001 EAD 332 (April 30, 2001), aff'd, 01 EAM 73 (May 24, 2001), we found candidate Tom Leedham violated the Rules by entering employer premises to campaign. We wrote:
By accessing the inside of these employer facilities for campaigning, Leedham and his supporters indirectly appropriated a "thing of value" from the three employers. Because employer contributions -- even contributions the employer does not know it is making -- are prohibited, we find that the campaign access inside the CF, Holland Trucking and Porcelain Metals facilities violates the Rules. See Sylvester, 2001 EAD 288 (March 31, 2001).
We apply Thompson here and find the Hoffa slate violated the Rules when candidate Hoffa entered the Campbell Soup facility to campaign. An invitation by employees to enter an employer's premises does not insulate the candidate from a Rules violation.
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process.
In Thompson, we ordered the Leedham campaign to cease and desist from entering employer premises in violation of the Rules. We also ordered a notice posting on all local union worksite bulletin boards.
The Hoffa slate seeks to avoid the local-wide posting of the notice, arguing that entry of the Campbell Soup facility "was brief and involved a single employer." We reject this plea, finding the slate was aware of the Thompson precedent and the consequences that follow from improper entry of employer premises. Indeed, the Thompson case is referenced in a Hoffa slate campaign flyer[1] that reads: "Apparently Leedham has a problem keeping his hands off employer contributions. Just a few weeks ago, the Election Administrator ordered Leedham to cease and desist from taking or receiving employer contributions from CF and Holland Trucking."
Accordingly, as we did in Thompson, we order the following remedy:
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Hoffa and his supporters shall cease and desist from receiving or taking any campaign contributions from any employer.
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The notice attached hereto as Exhibit A shall be posted on all worksite bulletin boards under the jurisdiction of Local 228 for a period of thirty (30) days from the date of posting. The thirty-day posting period shall commence no later than September 17, 2001.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 445
NOTICE TO ALL MEMBERS OF LOCAL 228
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit contributions of any thing of value from an employer or a labor organization to support the election campaign of any candidates for International officer or International convention delegate or alternate delegate.
The Election Administrator has concluded that IBT International officer candidate James P. Hoffa improperly received an involuntary employer contribution by campaigning inside a Campbell Soup facility within the jurisdiction of Local 228 on August 28, 2001,.
The Election Administrator will not permit any such violation of the Rules.
The Election Administrator has ordered candidate Hoffa to cease and desist from violating the Rules.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 727 Fifteenth Street, NW, Washington DC 20005, telephone 800-565-VOTE, fax (202) 454-1501.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.
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
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsberg
Tom Leedham Campaign
P.O. Box 6678
Arlington, VA 22206
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 228
4600 47th Avenue
Suite 205
Sacramento, CA 95824
Campbell Soup
Human Resource Manager
6200 Franklin Blvd.
Sacramento, CA 95824
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226
[1] The flyer, entitled "Tom Leedham Found Guilty of Accepting Employer-Paid Travel," is posted on the Hoffa slate website at http://www.hoffa2001.com/contents/factory/major_tom.pdf.