October 21, 1998
VIA FIRST CLASS MAIL
James Iund
October 21, 1998
Page 1
James Iund
19970 Gladiola St., N.W.
Oak Grove, MN 55071
Ronald Faehn
7105 Grey Squirrel Road
Lino Lakes, MN 55104
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 Iund
October 21, 1998
Page 1
Re: Election Office Case No. PR-290-LU638-NCE
Gentlemen:
Jim Iund, a member of Local Union 683, 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 Ronald Faehn, a member of Local Union 683. The protester alleges that Mr. Faehn improperly removed pro-Hoffa campaign literature from tables in an employer’s lunchroom in violation of the Rules. Mr. Faehn denies the allegations.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
James Iund
October 21, 1998
Page 1
Both Messrs. Iund and Beardahl are employed at the UPS facility located in Minneapolis, Minnesota. The management of the facility allows the placement of campaign literature in non-work areas. Mr. Iund alleges that on September 10, 1998, he observed Mr. Faehn “removing Hoffa literature and leaving Convoy Dispatch papers on the tables in the lunch room at UPS.” The Convoy Dispatch is a magazine published by Teamsters for a Democratic Union.[1] More specifically, Mr. Iund alleges that he “walked in the lunch room . . . and observed Mr. Faehn clearing off a table. I looked in the garbage can and there was Hoffa literature in the can.”
Mr. Iund further alleges that although Mr. Faehn is a porter at the UPS facility whose job it is to clean the lunch rooms, he “is being selective about what he does and does not clean.” Mr. Iund presented no witnesses to corroborate his account and never presented any other corroborating evidence to the Election Office investigator.
Mr. Faehn denies that he swept any Hoffa campaign literature off of the table. In a submission to the Election Office investigator, Mr. Faehn noted that Mr. Iund did not state that he had actually seen him sweep the Hoffa campaign literature off of the table, but only that
Mr. Iund saw him clearing the table and also saw Hoffa campaign literature in the trash can.
Mr. Faehn stated that it is not his practice to clear off any campaign literature from the tables, just trash. He states that on the day in question, he does not know if there actually was any Hoffa literature in the trash can, but if there was, he didn’t put it there. Furthermore, he states that he pointed out to Mr. Iund at the time that a lot of Hoffa literature remained on the lunchroom tables.
Article XIV, Section 1 of the Rules places the burden on the complainants “to present evidence that a violation has occurred.” Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations. In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996). The Election Officer finds that, without more, Mr. Iund has failed to present enough evidence to substantiate his allegations against
Mr. Faehn.
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.
James Iund
October 21, 1998
Page 1
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator
[1] It is well-established that the Convoy Dispatch is considered to be campaign literature. See Hoffa, P-313-LU728-SEC (February 27, 1996); Hoffa, P-1049-LU104-RMT (November 1, 1996); Welsh, P-1147-LU385-SEC (November 18, 1996).