September 28, 1995
VIA UPS OVERNIGHT
Robert A. Wenger
September 28, 1995
Page 1
Robert A. Wenger Teamsters Local Union 836 815 S. Main Street Middletown, OH 45044
James P. Hoffa 2593 Hounds Chase Troy, MI 48098 |
| Lawrence Brennan, President Teamsters Local Union 337 2801 Trumbull Avenue Detroit, MI 48216
Lester A. Singer, President Ohio Conference of Teamsters 435 S. Hawley Street Toledo, OH 43609 |
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Robert A. Wenger
September 28, 1995
Page 1
Re: Election Office Case No. P-049-JC43-PNJ
Gentlemen:
Robert A. Wenger
September 28, 1995
Page 1
A pre-election protest was filed with the Election Officer pursuant to Article XIV, Section 2(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Robert A. Wenger, a member of Local Union 836.[1] Mr. Wenger charges that James P. Hoffa, Joint Council 43 and the Ohio Conference of Teamsters impermissibly used union resources to further Mr. Hoffa’s candidacy[2] in violation of Article VIII, Section 11(c) of the Rules. Mr. Wenger alleges that the charged parties used union resources to fund a rally on May 15, 1995 at Embassy Suites in Columbus, Ohio.
In response, Mr. Hoffa and counsel representing Joint Counsel 43 deny that any union resources were utilized in connection with the event, which they characterize as a meeting, not a rally. The parties state that Mr. Hoffa used a half day of personal vacation time to attend. In addition, while counsel for the Ohio Conference of Teamsters admits that the meeting was attended by IBT officers and business agents interested in supporting Mr. Hoffa’s candidacy for general president, they deny that any union resources were utilized. According to the Conference, the meeting was held in the evening and paid for out of personal funds by the individuals attending.
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Article VIII, Section 11(c) of the Rules states, in relevant part:
Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.
The Election Officer’s investigation uncovered no evidence that the Columbus gathering was funded by or otherwise utilized union resources. Instead, the evidence is that the meeting was paid for out of a credit union account established to pool personal monies of Local Union 20 business agents--Account No. 9137-01 at the Toledo Teamsters Federal Credit Union. A copy of the cashier’s check from Toledo Teamsters Federal Credit Union to the Embassy Suites in the amount of $553.52 was presented to the Election Officer.
Based upon the foregoing, Mr. Wenger’s 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:
Robert A. Wenger
September 28, 1995
Page 1
Kenneth Conboy, Esquire
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Peter V. Marks, Sr., Regional Coordinator
[1]This “reach-back” protest was filed within the 30-day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules, at Article XIV, Section 2(a) state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
[2]Mr. Hoffa became a candidate in March 1994. See Crawley, P-027-LU988-PNJ, et seq. (August 23, 1995).