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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: PETER LANDON,
Protest Decision 2001 EAD 541
Issued: November 5, 2001
OEA Case No. PR102612MI

Peter Landon, a member of Local 299, 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") and Local 372 member Dennis Nazelli. The protest alleges that Nazelli used a membership list provided by the Leedham slate in the local's officer election.

Election Administrator representative Nancy Golen investigated the protest.

Findings of Fact and Analysis

Under Article VII, Section 3, the Leedham slate, consisting of accredited and nominated candidates for International office, is periodically supplied with complete membership lists of the IBT. That section declares "[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."

Nazelli, a supporter of the Leedham slate, swore in an affidavit in a form provided by the Election Administrator that use of that list in a campaign for local union convention delegate candidates who supported the Leedham slate would not be extended to any other use, such as in Local 372 officer elections. See Hoffa Slate, 2001 EAD 502 (October 12, 2001). Nazelli's use of the Leedham slate membership list was the subject of an earlier decision in Derey, 2001 EAD 233 (March 12, 2001), where we denied a protest alleging misuse.

Nazelli did use a membership list to campaign later in this year for local union office. He states that the list he used was one that he compiled himself during his time working on the lengthy Detroit newspaper strike and as a picket captain.

The protestor stated that he did not believe that Nazelli was using a list obtained through the Leedham slate for his local union election campaign.

Al Derey and Dennis Romanowski, opposing candidates to Nazelli in the local union election, have offered no evidence that the membership list used by Nazelli was improperly obtained. Derey says that some evidence may come to light in a scheduled internal union hearing on the Local 372 officer election, but offered no such evidence to our investigator.

We find no evidence of misuse of an International officer membership list obtained under Article VII, Section 3 and accordingly 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 541

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

IBT Local 299

2741 Trumbull Avenue

Detroit, MI 48216

IBT Local 372

2741 Trumbull Avenue

Detroit, MI 48216

Dennis Nazelli

19785 Purling Brook

Livonia, MI 48152

Alfred Derey

IBT Local 372

2741 Trumbull Avenue

Detroit, MI 48216

Dennis Romanowski

IBT Local 372

2741 Trumbull Avenue

Detroit, MI 48216

Peter Landon

1451 Clark Street

Detroit, MI 48209

Nancy Golen

P.O. Box 577211

Chicago, IL 60657