January 3, 1996
VIA UPS OVERNIGHT
James P. Hoffa
January 3, 1996
Page 1
James P. Hoffa
2593 Hounds chase
Troy, MI 48098
Patricia G. Franks, Secretary-Treasurer
Teamsters Local Union 773
1345 Hamilton Street
Allentown, PA 18102
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, D.C. 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Paul Alan Levy
Public Citizen Litigation Group
1200 20th Street, N.W.
Washington, D.C. XXX-XX-XXXX
Alan B. Morrison
Public Citizen Litigation Group
1200 20th Street, N.W.
Washington, D.C. XXX-XX-XXXX
Susan Davis
Cohen, Weiss & Simon
3330 W. 42nd Street
New York, NY 10036
James P. Hoffa
January 3, 1996
Page 1
Re: Election Office Case Nos. P-276-IBT-SCE
Gentlepersons:
James P. Hoffa
January 3, 1996
Page 1
James P. Hoffa, candidate for general president, filed a protest pursuant to Article XIV, Section 2 of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Mr. Hoffa alleges that counsel for the Ron Carey slate violated the Rules by intimidating Local Union 773 Member Brad Yeakel, who had filed two protests with the Election Office. The protester alleges that counsel for the Carey slate is Paul Alan Levy, Esq.
Mr. Levy responds: (1) the protest is untimely; (2) the Election Officer has no jurisdiction to enter enforceable orders against him; (3) he has not been afforded due process and other protections of the U.S. Constitution as a charged party here; (4) his communications with Mr. Yeakel are protected by the First Amendment to the U.S. Constitution; and (5) Mr. Levy did not did not intimidate Brad Yeakel or otherwise violate any of the Rules.
The IBT states that Mr. Levy does not represent the Carey slate and that there is no evidence that his communication with Mr.Yeakel violated the Rules.
The protest was investigated by Regional Coordinator Bruce Boyens.
In P-256-LU773-PNJ and P-257-LU773-PNJ, Bradley Yeakel filed protests against Local Union 773 Secretary-Treasurer Patricia G. Franks. Attorney Levy of the Public Citizen Litigation Group represented Ms. Franks in connection with the protests. In this capacity, Mr. Levy contacted Mr. Yeakel by telephone on December 7, 1995. Mr. Hoffa claims that Mr. Yeakel felt “threatened and intimidated” by Mr. Levy during the telephone call. Mr. Hoffa became aware of the phone call by a letter from Mr. Yeakel received Friday, December 15, 1995. Mr. Hoffa filed his protest on Monday, December 18, 1995.
Article XIV, Section 2(b) of the Rules requires that all pre-election protests be filed
“within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protest shall be waived.”
Mr. Hoffa’s statement that he heard about the telephone conversation between Mr. Yeakel and Mr. Levy on December 15, 1995 is not contradicted. The protest was received in the Election Office on December 18, 1995, within the applicable two-day time limit. The protest is timely and therefore will be resolved on its merits.
As evidence of the protested communication, Mr. Hoffa provided a copy of a letter from Mr. Yeakel describing the telephone conversation. In this letter, Mr. Yeakel advised that he has known Mr. Levy for years as attorney for Teamsters for a Democratic Union, and that Mr. Levy called him on December 7, 1995 at 10:00 a.m.“to attempt to question or depose [him] concerning these matters.” Mr. Yeakel reports that he “politely informed Mr. Levy that the matter was pending before the Election Officer and refused to discuss it with him.” Mr. Yeakel “also stated that [he] thought it was totally improper for [Mr. Levy] to be contacting [him] this way, that he would only discuss these matters with the Election Officers’ [sic] representative and that he should do likewise.” “Mr. Levy,” states Mr. Yeakel, “quickly ended the conversation.”
James P. Hoffa
January 3, 1996
Page 1
Article XIV, Section 1 provides, “Any member . . . may file a protest with the Election Officer alleging non-compliance with the Rules free from retaliation or threat of retaliation by any person or entity for such filing.” See also,Article VIII, Section 11(f) (prohibiting retaliation for exercising any right guaranteed under the Rules). There is no evidence in Mr. Yeakel’s account of the conversation, or from any other source, that Mr.Yeakel was intimidated by the telephone call from Mr. Levy. Mr. Levy’s telephone contact with Mr. Yeakel, absent evidence of threat, intimidation, or retaliation, did not violate 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, 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
Bruce Boyens, Regional Coordinator