IN RE: STEFAN OSTRACH, Protestor.
Protest Decision 2006 ESD 154
Issued: March 20, 2006
OES Case Nos. P-06-221-031506-HQ
Stefan Ostrach, member of Local Union 206 and treasurer of the Tom Leedham Strong Contract, Good Pensions Slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Fred Gegare, candidate for International vice-president at-large, failed to file his third Campaign Contribution and Expenditure Report ("CCER"), in violation of the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
Ostrach alleged that Gegare failed to submit his third CCER. Our investigation found that Nicki Zuel, Gegare's new CCER preparer, contacted our office in late February to request assistance from our accountants and the development team with respect to certain transactions and other aspects of preparing the CCER #3.
Article XI, Section 2(a) states:
A Campaign Contribution and Expenditure Report ("CCER" or "Report") and a Supplemental Form No. 1: Permitted Employer and Labor Organization Contributions and Associated Expenditures for Legal and Accounting Services ("Supplemental Form No. 1") shall be filed with the Election Supervisor, by certified or registered mail, or by such other method specified by the Election Supervisor in a Supplemental Rule, on the schedule set forth in this Article, by each of the following:
(1) Every Union member who is a candidate for International office, including any member who has received or solicited any contributions, whether of money or of any other thing of value, or made any expenditures, where the purpose, object or foreseeable effect of any such contribution or expenditure is to influence the election of that member as an International Officer, whether or not such member is as yet declared, accredited or nominated as a candidate.
Article XI, Section 2(c) states in relevant part:
Every member who, and every independent committee and slate which, is required to file a Report and Supplemental Form No. 1 shall do so on the following schedule:
* * *
(iii) On or before February 15, 2006, each such member, independent committee and slate shall file a Report and Supplemental Form No. 1 for the period October 1, 2005, through January 31, 2006;
When Gegare was unable to file CCER #3 by the February 15 deadline, we granted him an extension to March 6. Between early March and March 16, 2006, our staff guided Gegare campaign staff through the filing process so that CCER could be completed. The report was filed on March 16, 2006, with the Supplemental Form #1 filed on March 17, 2006.
Accordingly we deem this protest RESOLVED.
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 Supervisor 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
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 154
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Fred Gegare
2166 Cathedral Forest
Green Bay, WI 54313
Steven R. Newmark
1725 K Street, NW Suite 1400
Washington, DC 20005
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com