October 30, 1997
James P. Hoffa Slate
October 30, 1997
Page 1
James P. Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20001
Ron Carey Slate
c/o Susan Davis, Esq.
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Ron Carey, General President
Int'l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Deputy General Counsel
Int'l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa Slate
October 30, 1997
Page 1
Re: Election Office Case No. PR-018-IBT-NYC
Gentlemen:
The Hoffa Campaign filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against the IBT and the Ron Carey Campaign, alleging that a Carey Campaign meeting was held at the IBT headquarters and that Carey Slate members and the Carey Campaign attorney were paid by the IBT to attend the meeting.
The IBT and the Carey Campaign respond that the Slate meeting was held in the evening in privately leased commercial space and that the expenses of the Campaign attorney were paid by the Carey Campaign.
The protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
On Monday, October 20, 1997, a meeting of the IBT General Executive Board (“GEB”) was held at the IBT headquarters in Washington, D.C. Members of the GEB include candidates on the Carey Slate as well as the Central Region Vice-Presidents, who were members of the Hoffa Slate in the initial election. The travel expenses of all those attending were paid by the IBT. The meeting concluded at approximately 6:00 p.m. and most of the GEB adjourned to a reception being held on the seventh floor of the IBT building. This reception followed a long-standing tradition of having a social gathering after the first day of GEB meetings. All of the members of the GEB were invited, but because the GEB meeting had run late, the Central Region Vice-Presidents--Dotty Malinsky, Patrick Flynn, Walter Lytle, Philip Young and Lester Singer--did not attend because they had made dinner plans. Ms. Malinsky stopped in briefly looking for Aaron Belk, but did not stay. According to Ms. Malinsky, it appeared that those attending the function on the seventh floor were having a meeting, not just a social get-together, because they were all standing or sitting in a group together, rather than being scattered throughout the room. When Ms. Malinsky and her companions left their hotel for dinner around 7:00 p.m., they could see GEB members--particularly Tom Gilmartin and Diana Kilmury--still gathered on the seventh floor of the IBT building. She says that when they returned from dinner at around 9:30 p.m., they could see people still present on the seventh floor. Because she had seen Mr. Gilmartin and Ms. Kilmury there before, she assumed it was they who were still there at 9:30 p.m.. At around 10:15 p.m., she saw Mr. Gilmartin and Ms. Kilmury and a few others from the Carey Slate in the lobby of the hotel where they were all staying. Based on this evidence, the Hoffa Campaign contends that there was a Carey Campaign meeting held at the IBT the evening of October 20.
The investigation disclosed that following the GEB meeting there was a reception on the seventh floor, but that it concluded at approximately 7:15 p.m.. Thereafter, the members of the Carey Slate and their attorney, Susan Davis, met at a rented function room at the Holiday Inn around the corner. The meeting lasted from 7:30 p.m. until approximately 9:30 p.m. The Carey Campaign has presented evidence that the costs of the meeting room were paid by the Campaign. According to Ms. Davis, her expenses connected to this meeting are also being paid by the Campaign and she will send a copy of the bill for these expenses to the Election Office when it has been submitted to the Campaign.
James P. Hoffa Slate
October 30, 1997
Page 1
Article XII, Section (b)(3) of the Rules prohibits Union funds or other things of value, including but not limited to Union facilities, from being used, directly or indirectly, to promote the candidacy of any individual. In this case, pursuant to a long-standing practice, a reception was held at the IBT for all GEB members. There is no evidence that a Carey Slate meeting was held at the IBT. Rather, the meeting was held in commercial space, rented and paid for by the Carey Campaign. There is no evidence to contradict Ms. Davis’ statement that her expenses were paid by the Carey Campaign. Therefore, no union funds were used to defray the costs of the meeting.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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 & 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, 444 N. Capitol Street NW, Suite 445, Washington, D.C. 20001, facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Benetta M. Mansfield
Interim Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, NYC Protest Coordinator