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Office of the Election Supervisor for the International Brotherhood of Teamsters















January 18, 1996





James P. Hoffa

January 18, 1996

Page 1



James P. Hoffa

2593 Hounds Chase

Troy, MI 48098


Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001


Paul Levy

Public Citizen Litigation Group

1600 20th Street, N.W.

Washington, DC 20009

Teamsters for a Democratic Union

7437 Michigan Avenue

Detroit, MI 48210


Bob Jordan

6905 Archdale Street

Detroit, MI 48228


Susan Davis

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036


James P. Hoffa

January 18, 1996

Page 1



Re: Election Office Case No. P-285-IBT-SCE




James P. Hoffa, a 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 the Ron Carey Slate and Teamsters for a Democratic Union, and counsel for both groups, Paul Alan Levy, filed the protest docketed as P-269 in order to chill Mr. Hoffas right to file a protest, as guaranteed under the Rules.


Mr. Levy responds that the protest is untimely.  As to the merits, Mr. Levy argues that the Election Officer held in Scalf, P-097-LU705-CHI (August 16, 1995), that the filing of an election protest is absolutely privileged.


This protest was investigated by Regional Coordinator Bruce Boyens.

James P. Hoffa

January 18, 1996

Page 1



On December 12, 1995, Mr. Levy, on behalf of Bob Jordan, a member of Local

Union 337, filed a protest docketed as P-269 alleging that Mr. Hoffas participation in an appeal hearing of a protest decision held pursuant to the protest and appeal procedures set forth in the Rules was campaign activity improperly supported by union and employer resources.  On December 13, 1995, the Election Officer sent Mr. Hoffa, by overnight delivery, a copy of a letter from the Election Office acknowledging receipt of P-269, along with a copy of the protest itself.


Article XIV, Section 2(b) of the Rules requires a protester to file a preelection protest within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested, or such protest shall be waived.  

Mr. Hoffas protest is dated December 22, 1995, and was received by the Election Officer on December 26, 1995.  Thus, this protest was filed more than two working days after Mr. Hoffa was served with a copy of the protest in P-269.  Mr. Hoffas protest is therefore untimely.

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.

Latham and 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Bruce Boyens, Regional Coordinator