IN RE: MARIA MARTINEZ AND TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 468
Issued: September 21, 2001
OEA Case Nos. PR062612NA and ) PR082313NA
Maria Martinez, a member of Local 556, 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") against the IBT. The Martinez protest alleged that IBT has endorsed the Hoffa Unity slate ("Hoffa slate") by using words and phrases in its convention materials and presentations that are slogans of the Hoffa slate. The Leedham slate protest alleged that the IBT has used its website to endorse the reelection effort of General President James P. Hoffa in violation of the Rules.
Decisions in these two protests issued in Martinez, 2001 EAD 414 (July 27, 2001), aff'd, 01 EAM 87 (August 17, 2001, corrected copy August 30, 2001)("Martinez II") and Leedham Slate, 2001 EAD 448 (September 12, 2001), appeal pending. In Martinez II, we ordered the IBT to, inter alia, "cease and desist from endorsing any candidate or slate of candidates in the pending election [and] cease and desist from using the terms 'unity,' 'pride' and 'strength' singly or in combination unless the context demonstrates a connection to a legitimate union goal such as a contract campaign against a specific employer." In Leedham Slate, we ordered the IBT to "cease using its publications, including its website, to support or endorse the Hoffa candidacy and the Hoffa slate." In addition, Leedham Slate further ordered the IBT to publish a notice from the Election Administrator on its website in a form included in that decision as Exhibit A as a substitution for a notice on its website that pejoratively referred to the remedial order of the Election Administrator in Martinez II, and that such notice remain posted on the website until November 13, 2001.[1]
Since our decision, we have discovered that the IBT has failed to comply with these remedial orders. This decision therefore supplements our earlier decisions in Martinez II and Leedham Slate.
Thus, while the IBT did in fact publish on its website the notice ordered in Leedham Slate, it continues to publish on its website the prior, IBT-generated notice found deficient there. Specifically, we have found that deficient notice published at the following website locations:
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Teamster Magazine: http://www.teamster.org/comm/mags.htm
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Teamster Leader Newsletter: http://www.teamster.org/comm/leader/leader.htm
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Teamster Women's Newsletter: http://www.teamster.org/women/newsletters.htm
- Airline Division: http://www.teamster.org/divisions/airline/newsletters.htm
- Automobile Transporters: http://www.teamster.org/divisions/autotrans/newsletters/newsletters.htm
- Building Material & Construction: http://www.teamster.org/divisions/bmc/newsletters/newsletters.htm
- Freight: http://www.teamster.org/divisions/freight/newsletters.htm
- Industrial Trades: http://www.teamster.org/divisions/industrial/newsletters/newsletter.htm
- Parcel & Small Package (UPS): http://www.teamster.org/divisions/parcel/newsletters.htm
- Port: http://www.teamster.org/divisions/port/newsletters.htm
- Public Services: http://www.teamster.org/divisions/public/newsletters.htm
- Warehouse & Food Processing: http://www.teamster.org/divisions/warehouse/newsletter.htm
We have also discovered that the "Teamsters Unity Pride Strength" screensaver continues to be active in areas under construction, including http://www.teamster.org/keegel/articles.htm and http://www.teamster.org/rise/articles.htm.
The above constitutes a continued failure of the IBT to comply with the decisions in Martinez II and Leedham Slate. Given the proximity of the October 9, 2001 date for mailing of ballots in the International officer election, it is especially imperative for the IBT and all other parties to promptly and fully comply with the orders of the Election Administrator.
We also recognize the important interest that the IBT has in communicating with its members on matters of union business, through its website and other means. However, that interest must be effectuated in a manner consistent with the Rules and orders of the Election Administrator and the Election Appeals Master.
Given our orders in Martinez II and Leedham Slate, and given the IBT's failure to fully comply with those orders, we enter the following supplemental order designed to address the IBT's non-compliance:
By 9:00 a.m. EDT on Monday, September 24, 2001, the IBT will delete the Unity, Pride, Strength slogan from each of the sites on its website identified above where it appears, and from any other location on its website where it appears, and the IBT will further substitute the notice attached to the decision in Leedham Slate, supra, for the IBT-generated notice found deficient therein, at each place where such deficient notice appears. If the IBT fails to do so by that deadline, then it shall immediately close its website until compliance with this order.
We have not addressed in this supplemental decision the other arguments raised by counsel Barbara Harvey in her appeal to the Election Appeals Master Conboy from the decision in Leedham Slate, supra. Those matters remain under submission before the Election Appeals Master.
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
Fax: 212.751.4864
2001 EAD 468
DISTRIBUTION LIST VIA FAX AND UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Fax: 248.646.1054
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Fax: 313.963.3572
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Fax: 541.607.4484
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Fax: 202.454.5294
Matt Ginsberg
30 Third Avenue
Brooklyn, NY 11217
Fax: 718.875.4631
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Fax: 214.630.9286
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226
Fax: 313.965.1731
Brian Rainville
Eugenia Gratto
International Brotherhood of
Teamsters
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6918
[1] We also noted in Leedham II that he IBT neglected to eliminate its home page link to a screensaver featuring the "unity, pride, strength" slogan. We directed the IBT to do so immediately.