IN RE: DIANA FRANKEN,
Protest Decision 2001 EAD 457
Issued: September 18, 2001
OEA Case No. PR082611WE
Diana Franken, a member of Local 670, 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 Tom Leedham Rank and File Power slate (the "Leedham slate"). The protest alleges that a campaigner for the Leedham slate campaigned inside a facility of employer Norpac Foods, Inc. ("Norpac") in violation of the Rules.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
The investigation established that on August 23, 2001, a representative of the Leedham slate campaigned inside Norpac's Stayton, Oregon facility. The campaigner, an unidentified female not employed by Norpac, entered the building about 10:45 p.m. and began speaking to employees and passing out Leedham campaign materials. She then briefly addressed employees in a pro-Leedham manner over the public address system.
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 Leedham violated the Rules by entering an 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 unidentified Leedham slate supporter violated the Rules when she entered the Norpac facility to campaign.
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. We did the same in Leedham Slate, 2001 EAD 445 (September 10, 2001).
We do so here and direct the following remedy:
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Leedham 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 670 for a period of thirty (30) days from the date of posting. The thirty-day posting period shall commence no later than September 25, 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 457
NOTICE TO ALL MEMBERS OF LOCAL 670
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 an unidentified supporter of IBT International officer candidate Tom Leedham improperly received an involuntary employer contribution by campaigning inside a Norpac Foods facility within the jurisdiction of Local 670 on August 23, 2001.
The Election Administrator will not permit any such violation of the Rules.
The Election Administrator has ordered the Leedham slate 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
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 670
Attn: Diana Franken
750 Browning Ave. S.E.
Salem, OR 97302