IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 520
Issued: October 22, 2001
OEA Case No. PR101213NA
The Hoffa Unity slate ("Hoffa 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 Tom Leedham Rank & File Power slate ("Leedham slate"). The protests allege the Leedham slate 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 "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 by submitting an amended budget of fund raising and expenditures to the Election Administrator, who shall promptly notify every other candidate, slate and independent committee of the filing of such amended budget."
The protestor alleges the Leedham slate failed to list as budgeted expenditures the costs of phone banking and pre-recorded telephone calls to members.
The Leedham slate's initial budget listed an expenditure for phone banking of $1,200. The slate subsequently reassessed its phone banking initiative and filed an amended budget showing $10,000 for this purpose. Also listed on the amended budget was an outlay of $9,500 for automated telephone calls.
The amended budget was dated Sunday, October 14, 2001; Stefan Ostrach filed it by fax from Oregon the next morning at 9:21 a.m. PDT.
Investigation shows that discussion of raising the budgeted allocation for phone banking began on Friday, October 12, following completion of get-out-the-vote mailings. The slate found it could increase its expenditures because the GOTV mailing cost was less than anticipated and contributions exceeded expectations.
On October 12 and 13, Leedham campaign operatives across North America had several conversations concerning raising the phone banking line item. However, the slate did not reach a final estimate until October 14 as it considered how to target the outlay. The amended budget it filed on the morning of October 15 therefore satisfied the rule, and we DENY this aspect of the protest.
With respect to automated telephone calls, the slate investigated the costs of this undertaking during the week of October 8. Late in the day on October 11, the slate contracted with a vendor for this service. The slate's amended budget showed $9,500 to target particular groups within the IBT membership.
The protestor makes two attacks on this expenditure. First, it argues the amended budget is untimely filed. Second, it claims the Leedham slate could not undertake the automated calls without engaging in deficit spending, given the protestor's estimate of the cost of automated phone calling.
On the timeliness issue, the purpose of the Rules' budgeting provision is to give other candidates, slates and independent committees current information on the fundraising and spending undertaken by a particular candidate, slate or independent committee. The Rules give the Election Administrator the task of disseminating this information. Where the 48 hour deadline expires when the Election Administrator's office is closed, the amended budget must be filed promptly after the office reopens. Here, the Leedham slate timely filed its amended budget Monday morning, October 15.
The evidence does not support the protestor's allegation that the Leedham slate is deficit spending with its automated phone calls. The protestor claims that 100,000 automated calls would require an expenditure of about 5 cents per name to obtain a telephone number and 27 cents per completed call, for a total expenditure on this volume exceeding $30,000. However, the Leedham slate budget does not list the costs per call or the number of automated calls it will make; nor do the Rules require such information. Rather, the budget must list the total amount and purpose of each expenditure, which the amended budget here does. Accordingly, we DENY this aspect of the protest as well.
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 520
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
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226