November 19, 1998
VIA FIRST CLASS MAIL
Joe Carbone
November 19, 1998
Page 1
Joe Carbone, Shop Steward
Teamsters Local Union 854
811 W. Merrick Road
Valley Stream, NY 11580
Maureen Hopkins, President
Teamsters Local Union 854
811 W. Merrick Road
Valley Stream, NY 11580
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Joe Curcio
Consolidated Bus Company
5381 Kings Highway
Brooklyn, NY 11203
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Joe Carbone
November 19, 1998
Page 1
Re: Election Office Case No. PR-390-LU854-NYC
Gentlemen:
An anonymous person claiming to be a member of Local Union 854 filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) against Joe Carbone. Mr. Carbone is a Local Union 854 shop steward. The protester alleged that he received a telephone call from
Mr. Carbone soliciting his vote for James P. Hoffa and the Hoffa Unity Slate (“Hoffa Slate”). Mr. Hoffa is a candidate for general president. Mr. Carbone admits that he made phone calls on behalf of the Hoffa Slate but denies that his actions violated the Rules.
The protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
Joe Carbone
November 19, 1998
Page 1
Mr. Carbone does not dispute that he made a number of calls for the purpose of soliciting votes for the Hoffa Slate. He specifically denied, however, that he made any statements or conducted himself in any way which might be considered intimidating. In the anonymous letter, the protester states only that Mr. Carbone’s telephone call was “intimidation.” No other evidence was provided. In the context of Mr. Carbone’s denials, the anonymous letter is insufficient to sustain the protest.
Accordingly, 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 & 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
cc: Kenneth Conboy, Election Appeals Master