This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: WAYNE FERNICOLA,
Protest Decision 2001 EAD 492
Issued: October 4, 2001
OEA Case No. PR100114AT

(See also Election Appeals Master decision 01 EAM 101)

Wayne Fernicola, principal officer of Local 177, 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 the Leedham slate improperly permitted its membership list to be used by a slate of candidates in the local's officer election.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

The officer election pits Fernicola's Executive Board slate against the Rank & File Power slate. Fernicola reports that members and supporters of the Rank & File Power slate have called a wide range of members urging support for their slate. Fernicola does not know how his opposition acquired phone lists but "suspect[s] that the Leedham Slate has made available the list of members and their addresses … for use in our local election," noting that his opposition has aligned itself with the Leedham slate.

Under Article VII, Section 3, the Leedham slate, as accredited and nominated candidates for International office, are periodically supplied with complete membership lists of the IBT. That section declares that "[n]o membership list may be used for any purpose other than advancing the accredited or nominated candidate's campaign for nomination and/or election."

Matt Ginsburg, campaign manager of the Leedham slate, has control of the slate's list. He states that the list has not been supplied to anyone associated with or involved in Local 177.

John Winzenreid, spokesperson for and candidate on the Rank & File Power slate, denies receiving the telephone list from the Leedham slate. He states his slate and its supporters created the list through a broad effort of asking members directly for their telephone numbers.

We find no violation of the Rules and DENY this protest.

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 492

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 11271

James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

Wayne Fernicola

Local Union 177

282 Hillside Avenue

Hillside, NJ 07205

David Rivera

5 Maple Lane

Bordentown, NJ 08505

John Winzenreid

8 Clover Hill Road

Flemington, NJ 08822

Jeffrey Ellison

65 Cadillac Square

Suite 3727

Detroit, MI 48226