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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 544
Issued: November 8, 2001
OEA Case No. PR101712NA

The Tom Leedham Rank and File Power slate ("Leedham 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 the Hoffa Unity slate ("Hoffa slate"). The protest alleges the Hoffa slate plans to spend more money than it has or anticipates receiving, in violation of the Rules.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

The Hoffa slate CCER for reporting period 5 shows a bank balance of $757,166.30. Its Addendum #2, projecting the anticipated contributions and expenditure for the balance of the electoral period commencing September 1, shows anticipated contributions of $606,500 and anticipated expenditures of $1,559,500. Were all the anticipated contributions realized and the budgeted expenditures made, the Hoffa slate would record a deficit of $195,833.70. The protestor urges that such deficit spending violates the Rules.

The Hoffa slate filed an amended budget October 25. That budget projects anticipated contributions of $460,500 and expenditures of $1,162,500 for the same period covered by the first budget. If actual contributions received and expenditures made corresponded with the budget's projection for those categories, the Hoffa slate would complete the electoral period with a surplus of $55,166.30.

Under these circumstances, the issue of whether deficit spending violates the Rules is not presented. The Hoffa slate's amended budget demonstrates that its projected expenditures do not exceed the combination of cash on hand and anticipated contributions.

Accordingly, we DENY this protest.[1]

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 544

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

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

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

[1]    We do not address the propriety vel non of the projected revenues and expenditures stated in the slate's budget, since that question is not raised by the protest.