July 28, 1995
VIA UPS OVERNIGHT
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 West Jackson Blvd.
Chicago, IL 60612
Bill Hogan, Secretary-Treasurer
Teamsters Local Union 714
6815 West Roosevelt Rd.
Berwyn, IL 60402
James Hoffa
2801 Trumbull Ave.
Detroit, MI 48098
RE: Election Office Case No. P-079-LU714-PNJ
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(a), of the Rules for the 1995-1996 I.B.T. International Union Delegate and Officer Election (“Rules”) by letter
Gerald Zero
July 28, 1995
Page 1
dated May 24, 1995, by Gerald Zero, Secretary-Treasurer of Local Union 705.[1] The protester alleges that Local Union 714 violated the Rules by publishing an article supporting the candidacies of Bill Hogan for International Secretary-Treasurer and James Hoffa for International President in its union-financed publication, Team 714. Local Union 714 responds that no union funds are utilized to finance the publication of Team 714.
The protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Local Union 714 has its own newsletter which it attempts to publish quarterly and mails to all of the Local Union members. Bill Hogan, Local Union 714 Secretary-Treasurer, related to the investigator that the first time he heard about Team 714 was when he received the acknowledgment letter from the Election Officer concerning the instant protest. The investigation disclosed that the paper was personally financed and produced by Danny Dilallo, a union steward and a member of Local Union 714. Team 714 is not an official publication of the Local Union. Mr. Diallo works for Elkay Manufacturing and prepared Team 714 himself. Team 714 was distributed by Mr. Diallo personally only to employees at Elkay. All costs associated with the publication and photocopy of Team 714 were personally paid for by Mr. Dilallo.
Since there is no evidence that Local Union funds were utilized to finance the publication of Team 714, the protested material is not “a union-financed publication” under Article VIII, Section 8 of the Rules.
For the foregoing reasons, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Gerald Zero
July 28, 1995
Page 1
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
fax (212) 248 2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Peter V. Marks, Sr., Regional Coordinator
Gerald Zero
July 28, 1995
Page 1
Send Blind Copy to Dan Dilallo
10851 Jillian Rd.
Oakland Park, IL 60462
[1]This “reach-back” protest was filed within the thirty day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protest regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.