August 25, 1998
VIA UPS OVERNIGHT
Ken Mee
42356 Greenbrier Park Drive
Fremont, GA 95438
Re: Election Office Case No. PR-216-EO-EOH
Dear Sir:
Ken Mee, a member of Local Union 287 and a candidate for International vice - president, 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 Election Officer Michael G. Cherkasky. Mr. Mee alleges that the portion of the “Election Officer Report” addressing the Carey Slate Protest Decision which appeared in the July/August issue of The Teamster magazine was “factually misleading” and should be corrected in the next issue of the magazine. Mr. Mee further alleges that the Election Officer, through his account, is showing favoritism to James P. Hoffa, a candidate for general president.
This protest was investigated by Deputy Election Officer Benetta M. Mansfield.
In the July/August issue of The Teamster magazine, the Election Officer reported on the Carey Slate Protest as follows:
As I reported last time, I issued a decision in this protest on April 27 in which I found that Mr. Hoffa and members of his slate violated some of the Election Rules but that the violations do not merit disqualification of Mr. Hoffa or any other candidate who ran on his slate in the initial election who remain candidates in the rerun election.
This decision was appealed to Election Appeals Master Kenneth Conboy and on May 15, 1998, he affirmed my decision in all respects. On appeal, Judge Edelstein affirmed the decision not to disqualify Mr. Hoffa, but ordered the Hoffa Campaign to pay $150,908 to the Election Officer, the full amount of the contribution by R.L. Communications.
Ken Mee
August 25, 1998
Page 1
The protester states that this is inaccurate and misleading because 1) Mr. Hoffa has not “been cleared to run for office” because the decision has now been appealed to the United States Court of Appeals for the Second Circuit; and 2) the appeal was not filed by the “Carey Slate” but by the protester and another IBT member, Jim Carothers.
Mr. Mee’s protest is not accurate. The Election Officer’s report does not contain the statements alleged. Even if one could assume that this protest states a violation of the Rules, the protester’s contentions are without merit. At the time the Election Officer submitted his material for publication in the magazine, no appeal had been filed in the Second Circuit. The report does not cite any party as filing an appeal, only that the decision “was appealed.” The Election Officer finds that the article is a neutral report on a matter which should be of great interest to IBT members.
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 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master