OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: BILL DAVIS ) Protest Decision 2016 ESD 112
and JIMMY MEYER, ) Issued: February 16, 2016
) OES Case No. P-158-021016-ME
Protestors. ) & P-159-021016-ME
____________________________________)
Bill Davis and Jimmy Meyer, members of Local Union 100 and candidates on the No More Hoffa slate in that local union’s delegates and alternate delegates election, filed separate pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”). Each protest alleged that Sam Bucalo violated the Rules by naming his slate in the local union delegates and alternate delegates election “Teamsters United.”
These protests were consolidated for investigation and decision. Election Supervisor representative Dan Walsh investigated them
Findings of Fact and Analysis
Three slates are competing in Local Union 100’s delegates and alternate delegates election. Protestors Davis and Meyer are members of the No More Hoffa slate; local union secretary-treasurer Sam Bucalo heads the Teamsters United slate; and local union president Dave Webster and several executive board members and business agents have formed the Local 100 Teamsters First slate. The protestors argue that Bucalo’s use of Teamsters United violates the Rules because it allegedly will mislead voters to believe that the slate is endorsed by the Teamsters United slate of International candidates.
In the 2013 local union officers election, Bucalo, Webster, and Davis were members of the Teamsters United slate. Bucalo and Webster were elected; Davis narrowly lost election. For that campaign, Bucalo designed a Teamsters United logo and opened a bank account. More recently, as documented in Hoffa-Hall 2016 & Meyer, 2015 ESD 28 (August 28, 2015), Bucalo published and distributed at personal expense a newsletter that promoted his candidacy for local union office as part of the Teamsters United slate, using the same logo he designed for the 2013 campaign; the campaign material also contained his endorsement of the Teamsters United slate of candidates for International office.
Davis reported to our investigator that Fred Zuckerman, candidate for IBT General President on the Teamsters United slate, will endorse the No More Hoffa slate in Local Union 100’s delegates and alternate delegates election. Based on this promised endorsement, Davis argues that Bucalo’s use of Teamsters United will confuse voters. Bucalo told our investigator that he continues to support the election to International office of the Teamsters United slate.
Our regulation of slate names is generally very narrow. We will not permit slate names that are obscene, that indicate incumbency in union office of slate members, or that are too long to fit on the ballot. Davis, P115 (December 17, 1990). Against these prohibitions, we have approved slate names that incorporate the name of a candidate for International office or the local union name and number. Dietrich, P350 (February 5, 1996); Harrington, P159 (September 27, 1995). Generally, we give wide breadth in selection of slate names. Owens, P628 (March 28, 1996), aff’d, 96 EAM 163 (April 10, 1996) (protest denied even though there was some evidence that the “Ron Carey Support” slate in fact supported Hoffa). Such breadth is not without limit, however. A slate will not be permitted to select a name that historically is associated with another slate or is otherwise likely to mislead voters. Thompson, 2001 EAD 232 (March 12, 2001); Dunning, P189 (October 13, 1995) (slate could not deliberately choose a name which had previously been used by the incumbent officers in a local election and in which it knew the local officers might choose for its slate and use on its campaign materials).
Here, we find that Bucalo’s use of Teamsters United will not materially mislead voters. First, the name is associated with Bucalo both historically and currently, even though Davis and Webster also ran for office in 2013 on the Teamsters United slate. The endorsement of the No More Hoffa slate that Davis reports Zuckerman will make does not enter our analysis. As we said in Thompson, supra, a slate may support the candidate of its choice, even if that candidate endorses another slate. Furthermore, the Rules provide all parties with ample time to educate the Local 100 membership as to their views and their slate names.
For these reasons, we DENY these protests.
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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th floor
New York, NY 10018
kroberts@jamsadr.com
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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kathleen A. Roberts
2016 ESD 112
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 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
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Bill Davis
3590 Poole Rd
Cincinnati, OH 45251
Bill.c.davis@gmail.com
Jimmy Meyer
7840 Finley Ln
Cincinnati, OH 45242
jjmeyer@fuse.net
Sam Bucalo
6158 Kingoak Dr
Cincinnati, OH 45248
Sammo1245@aol.com
Teamsters Local Union 100
2100 Oak Dr
Cincinnati, OH 45241
sarahm@teamsterslocal100.com
Dan Walsh
950 Duxbury Ct
Cincinnati, OH 45255
Djw4947@gmail.com
John Pegula
1434 Greendale Dr
Pittsburgh, PA 15239
jpegula@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 210
Ann Arbor, MI 48104
EllisonEsq@aol.com