IN RE: TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 537
Issued: November 1, 2001
OEA Case No. PR110112MW
The Tom Leedham Rank and File Power 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 Local 710. The protest, which is docketed as indicated above and attached hereto, and is decided on an expedited basis, alleges that Local 710 failed to provide the Leedham slate with the work sites of former members of the Chicago Truck Drivers' Union ("CTDU") who became members of the IBT and Local 710 pursuant to the merger agreement between CTDU and Local 710 which was the subject of our decision yesterday in DeVries, 2001 EAD 535 (October 31, 2001).
Findings of Fact, Analysis and Remedy
We incorporate our findings in DeVries, supra, herein. In the instant protest, the Leedham slate notes that on July 20, 2001 its coordinator wrote to Local 710 secretary-treasurer Frank Wsol seeking a "current list of all sites, with corresponding addresses, where any and all Union members work," pursuant to Article VII, Section 1(b) of the Rules. Local 710 responded, but failed to include the worksites of the former CTDU members covered by the merger agreement discussed in DeVries.
It also appears that the Hoffa slate was deprived of information regarding these members to which it was entitled, as it exercised its right to obtain an IBT membership list from the International Union pursuant to Article VII, Section 3 of the Rules.[1] The Leedham slate also exercised that right. It appears that the names of the former CTDU members were excluded from these membership lists due to the conduct of the local union described in DeVries.
The slates have been prejudiced by Local 710's conduct. Specifically, they have not had information that each was entitled to under the Rules for use in their campaign efforts to persuade voters to support their candidates. For this reason, and given the conduct here, we GRANT the protest.
For relief, we order Local 710 to pay for the full cost of a mailing of two two-sided pages by each slate to all former CTDU members who are now members of Local 710 and the IBT. Local 710 shall immediately advance the required amounts to each slate under the supervision of the Election Administrator, so that the slate mailings can be completed by November 2, 2001, the date ballots will be mailed to these members. We also order Local 710 to immediately provide each slate a list of all worksites at which these members are employed. We have already arranged to provide each slate a list of all such members for use by the International officer candidates consistent with Article VII, Section 3 of the Rules. We reserve for further consideration the question of whether additional violations have occurred or whether additional relief should be ordered, and will also consider such additional evidence as may be supplied or gathered.
We will also defer for the present any determination of the question of whether the matters addressed here may have affected the ongoing International officer election so as to warrant relief under Article XIII, Section 4(t) or (u), either by itself or in combination with any other Rules violations.
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
2001 EAD 537
DISTRIBUTION LIST VIA FAX AND 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
3060 Penobscot Building
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
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 710
Attn: Frank Wsol
4217 S. Halstead St.
Chicago, IL 60609
Richard deVries
1858 South Allport Street
Chicago, IL 60608
Dennis Sarsany & Matt Fitch
IBT Election Administrator
Count Site
119 East Reed Ave.
Alexandria, VA 22314
[1] We have not determined the status of any worksite list request by the Hoffa slate to Local 710. Such a determination is not necessary at this time, given the findings and the remedy ordered here.