OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: USE OF LOCAL UNION ) Protest Decision 2020 ESD 29
294 HALL. ) Issued: October 19, 2020
) OES Case No. P-039-101920-NE
____________________________________)
On self-report of O'Brien-Zuckerman 2021, a slate of candidates for International office, we investigated a fundraising event held in a room at least partially controlled by Local Union 294.
Election Supervisor representative Jeffrey Ellison investigated this matter.
Findings of Fact and Analysis
Local supporters of O'Brien-Zuckerman 2021 conducted a fundraiser for the slate in Albany, NY on September 30, 2020. The event was advertised for a public park. In advance of the event, supporters of the campaign obtained a permit for park use. On the day of the event, inclement weather forced the gathering to take shelter. Upon learning that use of an open-air pavilion in the park was prohibited by public health order related to the covid pandemic, those attending retreated to a classroom at the Albany Labor Temple at the invitation of officials of Local Union 294.
The Labor Temple houses Teamsters Local Union 294 as well as local units of other international unions. The Temple rents to the public three spaces of varying size within its structure: an auditorium, a classroom, and a conference room. Rental is available for 2-hour, half-day, and whole day increments. Rental rates depend on the length of rental and the room used. The minimum rental price for the 20 x 30 classroom is $50. Local Union 294 is a member of the Labor Temple Association and has some control over rental of its spaces. Although rental is available to the public, it is not advertised on-line or otherwise; rather, potential renters of the space learn of it solely by word of mouth.
On Monday, October 3, 2020, O'Brien-Zuckerman 2021 notified OES that its local supporters had moved the outdoor fundraising event to the Labor Temple in response to the immediate circumstances of bad weather. The campaign acknowledged to OES that the use of the Temple’s classroom under the circumstances presented violated the Rules. Article VII, Section 12(c) prohibits use of union facilities “unless the Union is reimbursed at fair market value” for such use and “unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.” A similar prohibition is stated in Article XI, Section 1(b)(6).
In making the self-report, the campaign also advised that it had begun the process of refunding all contributions received, a process that now reportedly has been completed. In addition, the campaign provided evidence to OES showing that it has now entered in a written rental agreement and paid the rental price of $50 set as the minimum for the use of the classroom.
In examining the self-report and investigating further, we find that the use of the classroom space at the Temple would have not violated the Rules if: 1) a rental agreement at fair market value had been concluded in advance of the event; and 2) the local union had given advance written notice of the availability of the space to all candidates before the event occurred. Gegare et al, 2010 ESD 19 (August 12, 2010).
We find the rental amount of $50 for the classroom space for the time involved was the fair market value for it, as determined by the form rental contract the Temple uses to rent the space to the public. We find further, however, that the O'Brien-Zuckerman 2021 slate violated the Rules by using the union-controlled space at the Temple without concluding a rental arrangement for it in advance. We also find that Local Union 294 violated the Rules because it did not provide advance written notice to all candidates of the availability of the space for campaign purposes. Gegare et al, 2010 ESD 20 (August 15, 2010).
The remedy for violations such as this includes disgorgement of the proceeds of the fundraising event, payment by the campaign of fair market rental for the space used, provision by the union of written notice to other candidates for International office of the availability of the space for rent, and may include a fine imposed on the campaign. We conclude that the self-report by the O'Brien-Zuckerman 2021 campaign and its refunding of campaign contributions received at the event and post-event payment of fair market rent for use of the space fully resolves its Rules violation here. To remedy the local union’s violation acknowledged here, we direct Local Union 294 to provide written notice to all slates of candidates for International office and all unaffiliated candidates for International office of the availability of the Temple space for campaign rental, with such notice to be provided no later than Friday, October 23, 2020. We order no further relief.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2020 ESD 29
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Teamsters Local Union 294
jbulgaro@ teamsterslocal294.org
tquackenbush@teamsterslocal294.org
Peter Marks
pmarks@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com