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

IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 514
Issued: October 18, 2001
OEA Case No. PR100513NA

The Hoffa Unity slate ("Hoffa 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 Teamsters for a Democratic Union ("TDU"). The protest alleges TDU filed the campaign budget required by Article XI, Section 2(d)(3) improperly.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

Article XI, Section 2(d)(3) requires each candidate, slate and independent committee, two weeks before ballots are mailed, to file "a budget of fund raising and expenditures anticipated through the end of the campaign …" Each filer must thereafter "report deviations from the submitted budget of more than $1,000 with respect to any budgeted item within 48 hours of learning of such deviation."

To carry out the provisions of Article XI, Section 2(d)(3), the Election Administrator promulgated CCER form Addendum # 2, to be filed with CCER #5 on September 15, 2001. The instructions for the form state, inter alia: "You must report all obligations for expenditures agreed upon or anticipated, whether or not an actual invoice has been received or paid, or goods/services received, through the end of the election in November 2001."

The protestor alleges that TDU failed to list as budgeted expenditures the costs of installing additional phone equipment and running phone banking at its Detroit headquarters and costs associated with making campaign telephone calls to members. TDU's Addendum #2 to CCER #5 lists no anticipated expenditures related to such undertakings.

In the 1991, 1996 and 1998 International officer elections, TDU conducted phone bank operations for certain candidates from its Detroit, Michigan office. Three phone lines were wired in by the local telephone company for this activity in 1991, and then the phone lines were switched off after the election, and were reconnected for phone-banking in the later elections, and shut off afterwards. Most recently, these three phone lines were switched on for phone-banking purposes on approximately October 12, 2001, in order to allow for phone-banking in support of the Leedham slate. The charge from the local phone company for this action is anticipated to be less than $100. TDU says it will pay this bill from election funds received from eligible IBT member contributors when the bill is received, without reimbursement from the Leedham slate.

The phone-banking in this election cycle from TDU's offices has been predominantly to the geographic area near southeast Michigan. Phone bills have yet to be received, but it is estimated that the charge will be in the area of $1,000.00. By agreement between the Leedham slate and TDU, the Leedham slate will be responsible for the full amount of these bills.

We DENY the protest. Although neither Article XI, Section 2(d)(3) nor Addendum #2 as promulgated set any limited dollar amount for the reporting of anticipated expenditures, we do not find it appropriate to require reporting of an amount less than $100.00, which is the minimum threshold for the reporting of campaign expenditures on CCER Schedule B. Since the anticipated expenditure for switching on the three phone-banking lines is less than $100, it is not required to be reported on Addendum #2.[1]  The remaining phone-banking charges are to be borne by the Leedham slate, and are reportable on its Addendum #2, not TDU's.

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 514

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 3060

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

Teamsters for a Democratic Union

7437 Michigan Avenue

Detroit, MI 48210

Jeffrey Ellison

65 Cadillac Square

Suite 3727

Detroit, MI 48226

[1]   IF TDU learns that the amount charged will be more than $100.00, it must be reported on Addendum #2.