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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 17, 1996





James P. Hoffa

Pennsylvania Convention Center

Rooms 103B and 103C

Philadelphia, PA


John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

Pennsylvania Convention Center

Room 110

Philadelphia, PA


Re:  Election Office Case No. CONV-8-IBT




James P. Hoffa, candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules) alleging that the IBT made an improper campaign contribution at the opening session of the Teamsters 25th International Convention on July 15, 1996 by turning off microphones at which supporters of Mr. Hoffa wished to speak and using Convention sergeants-at-arms and whips to clear supporters of Mr. Hoffa away from microphones.


This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.


The protesters witness, Betty Rose Fischer, a member of Local Union 538 and delegate, did not support the allegations of turning off microphones or clearing supporters of Mr. Hoffa away from microphones.  She states that on two occasions, she observed Convention whips walk directly to floor microphone #3 in order to speak, bypassing the line of waiting delegates.  On both occasions, the line contained supporters of Mr. Hoffa and of General President Ron Carey.

James P. Hoffa

July 17, 1996

Page 1



The Election Officer finds that on neither occasion was the business on the floor connected to matters within her jurisdiction at the Convention:  the process for nominating International candidates from the Convention floor and for voting on those nominations.  See Szymanski, CONV-9-IBT, et seq. (July 16, 1996); Bodine, CONV-17-IBT, et seq. (July 16, 1996).  Further, the evidence does not support a claim of retaliation under the Rules.


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, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426.  A copy of the protest must accompany the request for a hearing.






Barbara Zack Quindel

Election Officer


cc:              Kenneth Conboy, Election Appeals Master

Barbara C. Deinhardt, New York City Protest Coordinator