February 14, 1996
VIA UPS OVERNIGHT
Richard Volpe
February 14, 1996
Page 1
Richard Volpe, Secretary-Treasurer
Teamsters Local Union 550
6 Tuxedo Avenue
New Hyde Park, NY 11040
General Executive Board
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Teamster Magazine
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Richard Volpe
February 14, 1996
Page 1
Re: Election Office Case No. P-367-IBT-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by
Richard Volpe, secretary-treasurer of Local Union 550, against the IBT and its union-financed publication, Teamster magazine. The protester asserts that the use in the January/February 1996 issue of the magazine of photographs from the movie "Casino" represents a contribution by an employer to General President Ron Carey's campaign, in violation of the Rules.
The IBT asserts that the protest is untimely.
The protest was investigated by Regional Coordinator Bruce Boyens.
Richard Volpe
February 14, 1996
Page 1
Article XIV, Section 2(b) of the Rules states that pre-election protests "must be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested."
The cover story in the January/February issue of Teamster magazine, titled "Casino," is about a recently released motion picture of this name which depicts the connection between organized crime and the IBT Central States Pension Fund. The cover photograph is a still shot from the movie showing several participants at a meeting of the Pension Fund, including "Alan King as a Teamster pension fund boss," according to the caption. This photograph is repeated in the body of the article, on page 5 of the magazine, along with a picture from the movie showing the assassination in January 1983 of Mr. King's character, the real-life Allen Dorfman.
The protester states that he "became alerted" to the alleged violation by the charged parties on January 26, 1996 while "looking at the actual picture shots" from the movie in the magazine. Mr. Volpe filed his protest the same day. However, Mr. Volpe also filed a protest with the Election Officer on January 16, 1996 (Case No. P-316-IBT-SCE), alleging that the "Casino" story discredited and attacked the candidacy of James P. Hoffa for general president.[1] This protest makes clear that Mr. Volpe had reviewed the article prior to filing his original protest in this case.
The Rules do not permit Mr. Volpe to file a protest on another aspect of the "Casino" article 10 days after filing a timely protest.[2] Accordingly, the Election Officer finds that the instant protest is untimely and it 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
Richard Volpe
February 14, 1996
Page 1
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
[1]The Election Officer consolidated Mr. Volpe's protest with Case No. P-310-IBT-SCE and issued a decision on February 1, 1996.
[2]Note: The Election Officer would not treat this as part of the original protest filed on this matter, as it raised an entirely new issue.