January 18, 1996
VIA UPS OVERNIGHT
James P. Hoffa
January 18, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Paul Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Bob Jordan
6905 Archdale Street
Detroit, MI 48228
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
January 18, 1996
Page 1
Re: Election Office Case No. P-285-IBT-SCE
Gentlepersons:
James P. Hoffa, a candidate for general president, filed a protest pursuant to
Article XIV, Section 2 of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Mr. Hoffa alleges that the Ron Carey Slate and Teamsters for a Democratic Union, and counsel for both groups, Paul Alan Levy, filed the protest docketed as P-269 in order to chill Mr. Hoffa’s right to file a protest, as guaranteed under the Rules.
Mr. Levy responds that the protest is untimely. As to the merits, Mr. Levy argues that the Election Officer held in Scalf, P-097-LU705-CHI (August 16, 1995), that the filing of an election protest is absolutely privileged.
This protest was investigated by Regional Coordinator Bruce Boyens.
James P. Hoffa
January 18, 1996
Page 1
On December 12, 1995, Mr. Levy, on behalf of Bob Jordan, a member of Local
Union 337, filed a protest docketed as P-269 alleging that Mr. Hoffa’s participation in an appeal hearing of a protest decision held pursuant to the protest and appeal procedures set forth in the Rules was campaign activity improperly supported by union and employer resources. On December 13, 1995, the Election Officer sent Mr. Hoffa, by overnight delivery, a copy of a letter from the Election Office acknowledging receipt of P-269, along with a copy of the protest itself.
Article XIV, Section 2(b) of the Rules requires a protester to file a preelection protest “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested, or such protest shall be waived.”
Mr. Hoffa’s protest is dated December 22, 1995, and was received by the Election Officer on December 26, 1995. Thus, this protest was filed more than two working days after Mr. Hoffa was served with a copy of the protest in P-269. Mr. Hoffa’s protest is therefore untimely.
Based upon the foregoing, 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:
Kenneth Conboy, Esq.
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator