November 30, 1998
VIA FIRST CLASS MAIL
Dane Passo
November 30, 1998
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Gerald Zero, Sec.-Treas.
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Leedham Slate
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
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
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Dane Passo
November 30, 1998
Page 1
Re: Election Office Case No. PR-408-LU705-NCE
Gentlemen:
Dane Passo, a member of Local Union 705 and a Hoffa campaign coordinator in Chicago, 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 Local
Union 705. The protester alleged that Local Union 705 provided incorrect telephone numbers to the Hoffa Campaign, in violation of the Rules. Local Union 705 states that it neither keeps nor provides the telephone numbers of its members.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Dane Passo
November 30, 1998
Page 1
The investigation disclosed that the protestor received approximately 60 labels bearing the name, local union number and telephone number of various individuals with approximately 23 of these identified as having bad telephone numbers. Katina Barnett of Local Union 705 stated, however, that the telephone numbers had not been provided by Local Union 705 as it does not keep telephone numbers on the great majority of its members. It appears that when the Hsoffa Campaign received addresses from the Election Office that it sent them to an outside vendor to obtain telephone numbers.
To insure that Local Union 705 is not providing a high number of incorrect addresses, the Election Office checked the number of duplicate ballots sent out to members of that local. The Election Officer found that a slightly higher than average number of duplicate ballots were sent out to Local Union 705 members, however, more than half of the duplicates were sent to the original address so incorrect addresses does not appear to be a major problem.
When advised of the results of the investigation, Mr. Passo advised the Election Office that he wishes to withdraw his protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
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:mk
cc: Kenneth Conboy, Election Appeals Manager
Judith E. Kuhn, Regional Coordinator