IN RE: HOFFA-HALL 2011, Protestor
Protest Decision 2010 ESD 53
Issued: December 9, 2010
OES Case No. P-060-120810-NA
Hoffa-Hall 2011 filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the Pope campaign impermissibly used union resources - a local union address - by sending campaign literature to a local union official at that address.
In Hoffa-Hall 2011, 2010 ESD 51 (December 8, 2010), the protestor made a similar complaint against the Gegare campaign. In that case, we found that the Gegare mailing was conducted pursuant to a remedy we ordered in Halstead, 2010 ESD 8 (July 26, 2010), where we found that Local Union 399 had impermissibly used its newsletter to provide campaign support to candidate Hoffa. To remedy the violation in Halstead, we directed the local union to fund a mailing to the same classes of recipients who received the newsletter for any other candidate for General President who requested it. Some of the newsletter recipients were union officials at their union addresses; they also received the subsequent Gegare mailing. We denied the protest against the Gegare campaign in Hoffa-Hall 2011 because the mailing was remedial for a previous Rules violation and was not conducted or controlled by the Gegare campaign.
Earlier on the same day we issued Hoffa-Hall 2011, the protestor filed the instant protest complaining that the Pope campaign had violated the Rules by sending campaign literature to union officials at their union addresses. The Pope campaign was also a recipient of the remedial mailing in Halstead, which used the same list that was used to send the Gegare mailing and, originally, the local union newsletter.
On December 9, 2010, counsel for the protestor requested to withdraw the instant protest. We conclude that permitting withdrawal will serve the purposes of the Rules, therefore we deem this protest WITHDRAWN.
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
Suite 1000
885 Third Avenue
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, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, 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
2010 ESD 53
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com