August 4, 1995
VIA UPS OVERNIGHT
Gerald Zero
August 4, 1995
Page 1
Gerald Zero
Secretary/Treasurer
Teamsters Local Union 705
1645 West Jackson Blvd.
Chicago, IL 60612
James Hoffa
2801 Trumbull Ave.
Detroit, MI 48098
Lawrence Brennan, President
Teamsters Joint Council 43
2801 Trumbull Ave.
Detroit, MI 48098
Lawrence Brennan, President
Teamsters Local Union 337
2801 Trumbull Ave.
Detroit, MI 48098
Gerald Zero
August 4, 1995
Page 1
RE: Election Office Case No. P-078-LU337-EOH
Gentlemen:
This pre-election protest was filed pursuant to the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by Gerald Zero, Secretary-
Treasurer, Local Union 705.[1] The protest alleges that Local Union 337 and/or Joint Council
Gerald Zero
August 4, 1995
Page 1
43, both located in Detroit, made prohibited campaign contributions by spending its members’ dues money to fund a trip by James P. Hoffa, Administrative Assistant to the President of Joint Council 43 and candidate for General President, to travel to Chicago to campaign on behalf of a “Real Teamster Caucus” slate of candidates for local union offices in Local Union 705.
James P. Hoffa appeared as a “featured guest speaker” at a rally for “the Real Teamsters of Local 705" in Chicago on Sunday, March 12, 1995. The protester has submitted no evidence that the trip was funded, in any part, by union contributions. Joint Council 43 states that Mr. Hoffa attended the rally at the invitation of a slate of candidates running for office in Local Union 705. The Joint Council further asserts that Mr. Hoffa traveled to Chicago on one of his days off from work, and did not spend union funds for his transportation to Chicago. The Council adds that Mr. Hoffa performed work on behalf of the Joint Council on the following Monday, e.g., attended a grievance meeting, and therefore, his return transportation was properly paid by Joint Council 43. Mr. Hoffa adopts the position of Joint Council 43.
Pursuant to Article I of the Rules, the Election Officer has authority to supervise all phases of the International Union delegate and officer election, and to hear and determine protests concerning those elections. The campaigning by Mr. Hoffa in this case was in support of the election of Local Union officers, not the International officer and delegate elections. The rally did not take place at the Local Union. Moreover, Mr. Hoffa did not utilize Union funds to travel to the rally.
Based upon the foregoing, 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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Gerald Zero
August 4, 1995
Page 1
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: Election Appeals Master Kenneth Conboy
William A. Wertheimer, Regional Coordinator
Julie E. Hamos, Regional Coordinator
[1]This “reach-back” protest was filed within the thirty 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.