IN RE: HOFFA 2006, Protestor.
Protest Decision 2006 ESD 337
Issued: August 10, 2006
OES Case No. P-06-315-081006-HQ
(See also Election Appeals Master decision 06 EAM 63)
Hoffa 2006 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 Teamsters for a Democratic Union ("TDU") and its counsel, Barbara Harvey, failed to comply with the Rules by lodging objections to the Election Supervisor's Supplemental Rules for Conducting the International Officer Candidate Forum with the United States District Court without exhausting remedies available under the Rules.
On July 26, 2006, the Election Supervisor issued for comment by interested parties Proposed Supplemental Rules for Conducting the International Officer Candidate Forum. After receiving and considering comments received, the Election Supervisor issued the final Supplemental Rules on this subject on August 4, 2006, stating that a separate analysis of comments received would be issued during the week of August 7, 2006. The Election Supervisor issued that analysis on August 9, 2006.
Also on August 9, 2006, TDU sent to the United States District Court for the Southern District of New York by overnight delivery its "Objections of Amicus Curiae Teamsters for a Democratic Union to the Supplemental Election Rules for the International Officer Candidate Forum." The objections contend that "the supplemental rules violate the new candidate forum rule by providing perfunctory and ineffective distribution to the membership."
This protest followed. Hoffa 2006 complains that TDU and its counsel impermissibly appealed to the Court without exhausting their remedies under the Rules. The protest requests a "cease and desist order against TDU and Barbara Harvey preventing them from going directly to the District Court." The protest also requests immediate consideration.
Hoffa 2006's request for immediate consideration is GRANTED. Its request for a cease and desist order preventing TDU and Harvey from lodging objections and requesting hearing thereon with the United States District Court is DENIED. The Rules grant us no authority to order any party to the Election Agreement, any candidate, member or independent committee to refrain from requesting a hearing before the Court. Whether any such person or entity may properly appear before the Court is a matter for the Court to determine. In denying this protest, the Office of the Election Supervisor does not waive any argument, procedural or substantive, that may be made on its behalf, or by any other party, in response to TDU's application to the Court as Amicus Curiae.
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. 20006-1416, 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 337
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
David J. Hoffa
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
Daniel Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Andrew Schilling
Assistant United States Attorney
86 Chambers Street, 3rd floor
New York, NY 10007
Andrew.Schilling@usdoj.gov
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com