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Office of the Election Supervisor for the International Brotherhood of Teamsters

             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

              July 28, 1995

 

 

 

 

VIA UPS OVERNIGHT

 

Gerald Zero, Secretary-Treasurer

Teamsters Local Union 705

1645 West Jackson Blvd.

Chicago, IL  60612

 

Bill Hogan, Secretary-Treasurer

Teamsters Local Union 714

6815 West Roosevelt Rd.

Berwyn, IL  60402

 

James Hoffa

2801 Trumbull Ave.

Detroit, MI 48098

 

 

RE:  Election Office Case No. P-079-LU714-PNJ

 

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(a), of the Rules for the 1995-1996 I.B.T. International Union Delegate and Officer Election (“Rules”) by letter

 

 

 

 


 

Gerald Zero

July 28, 1995

Page 1

 

dated May 24, 1995, by Gerald Zero, Secretary-Treasurer of  Local Union 705.[1]  The protester alleges that Local Union 714 violated the Rules by publishing an article supporting the candidacies of Bill Hogan for International Secretary-Treasurer and James Hoffa for International President in its union-financed publication, Team 714.  Local Union 714 responds that no union funds are utilized to finance the publication of Team 714.

 

The protest was investigated by Regional Coordinator Peter V. Marks, Sr. 

 

Local Union 714 has its own newsletter which it attempts to publish quarterly and mails to all of the Local Union members. Bill Hogan, Local Union 714 Secretary-Treasurer, related to the investigator that the first time he heard about Team 714 was when he received the acknowledgment letter from the Election Officer concerning the instant protest.  The investigation disclosed that the paper was personally financed and produced by Danny Dilallo, a union steward and a member of Local Union 714. Team 714 is not an official publication of the Local Union.  Mr. Diallo works for Elkay Manufacturing and prepared Team 714 himself.  Team 714 was distributed by Mr. Diallo personally only to employees at Elkay.  All costs associated with the publication and photocopy of Team 714 were personally paid for by Mr. Dilallo

 

Since there is no evidence that Local Union funds were utilized to finance the publication of Team 714, the protested material is not “a union-financed publication” under Article VIII, Section 8 of the Rules.

 

For the foregoing reasons, 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:


 

Gerald Zero

July 28, 1995

Page 1

 

 

 

 

Kenneth Conboy, Esq.

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:               Election Appeals Master Kenneth Conboy

Peter V. Marks, Sr., Regional Coordinator

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Gerald Zero

July 28, 1995

Page 1

 

 

 

Send Blind Copy to              Dan Dilallo

10851 Jillian Rd.

Oakland Park, IL  60462


[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 protest 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.