IN RE: WILFRED BYINGTON,
Protest Decision 2001 EAD 463
Issued: September 20, 2001
OEA Case No. PR090412WE
Wilfred Byington, a member of Local Union 174, 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 & File Power slate ("Leedham slate"). The protest alleges that the Leedham slate campaigned using materials funded by improper contributions.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
The protest alleges that on August 28, 2001, Ashley McNeely, candidate for at-large vice president on the Leedham slate, and other Leedham supporters distributed copies of Convoy Dispatch at a UPS facility in Pacific, Washington. The protest further alleges that Leedham partisans have distributed Convoy Dispatch at other locations during this electoral period.
Convoy Dispatch is jointly funded by Teamsters for a Democratic Union (TDU) and Teamsters Rank & File Legal Education Fund (TRF). The protestor contends that because "TRF has been barred from contributing to or participating in the election," the use of a newspaper partially funded by TRF as campaign material constitutes an improper contribution to the Leedham slate.
We DENY the protest. TDU is an independent committee under Definition 22 of the Rules. As such, it may make contributions to a candidate in accordance with Article XI, using funds obtained from sources permissible under that Article. As established by our periodic audits, funding of the production costs of Convoy Dispatch are allocated between TDU's campaign account and TRF according to the proportion of each issue that has the purpose, object or foreseeable effect of influencing the election of International officer candidates.
Leedham supporters distribute the newspaper for its campaign content and such content is properly funded by TDU's campaign account. Although each edition has some TRF-funded content, that content does not constitute campaign material because it does not have the purpose, object or foreseeable effect of influencing the election of a candidate for International office. Accordingly, the portion of Convoy Dispatch funded by TRF does not constitute an improper contribution to the Leedham slate by that organization, and the paper may be distributed without violation of the Rules.
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 463
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., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Wilfred Byington
21904 Marine View Drive #114
Des Moines, WA 98168
IBT Local 174
553 John Street
Seattle, WA 98109
Ashley McNeely
P.O. Box 23224
Honolulu, HI 96823
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Teamsters Rank & File Education & Legal Defense Fund
7437 Michigan Avenue
Detroit, MI 48210
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226