IN RE: BOB MCNATIN,
Protest Decision 2001 EAD 523
Issued: October 23, 2001
OEA Case No. PR101713NA
Bob McNatin, a member of Local 120, 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"). McNatin alleges that the Hoffa 2001 Unity slate violated the Rules by using the IBT's return address. McNatin also alleges that this use constituted an "implied official endorsement" by the IBT.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
The Hoffa Unity slate mailing at issue was sent to members via the IBT's nonprofit organization bulk-rate permit. The return address on the mailing is the IBT's, not the Hoffa Unity slate's. Directly below the return address is the following statement: "The enclosed mailing is campaign literature, the contents of which are not endorsed or paid for by the Union."
The protest does not state a violation of the Rules. Article VII, Section 7(a)(3) states that the "Union," which includes the IBT under the Rules, shall honor requests to send literature using a nonprofit organization bulk-rate permit "to the extent permitted by postal regulations." Any literature distributed with the permit must state that it is campaign material not endorsed by the union. The Hoffa Unity slate mailing uses the bulk-rate permit and states clearly the mandatory disclaimer. Further, the protestor does not claim that the Leedham Rank and File slate has been treated discriminatorily by the IBT in the availability of its bulk-rate permit.
Accordingly, we DENY the 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 523
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 Lane
Eugene, OR 97404
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
Matt Ginsburg
P.O Box 6678
Arlington, VA 22206
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Bob McNatin
1973 Tatum St.
Roseville, MN 55113-5443