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Office of the Election Supervisor for the International Brotherhood of Teamsters

              April 22, 1996





James Hoffa

April 22, 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


Jim Benson, Vice President

International Brotherhood of Teamsters

4444 W. Northern Avenue, Suite A2

Glendale, AZ 85301


Ken Mee, Vice President

International Brotherhood of Teamsters

1452 N. 4th Street

San Jose, CA 95112


Eddie Mireles

140 S. Marks Way

Orange, CA 92668

Jack Cox

450 Carson Plaza Drive

Carson, CA 90746


Randy Cammack, Secretary-Treasurer

Teamsters Local Union 63

379 W. Valley Boulevard

Rialto, CA 92376


Dave Hawley, Secretary-Treasurer

Teamsters Local Union 137

3540 S. Market Street

Redding, CA 96001


Susan Davis

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

James Hoffa

April 22, 1996

Page 1



Re:  Election Office Case No. P-431-IBT-SCE




James Hoffa

April 22, 1996

Page 1



James P. Hoffa, candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against General President Ron Carey, International Vice Presidents Jim Benson and Ken Mee, Jack Cox and Eddie Mireles, two members of the Carey slate of candidates for International vice president, Local Union 137 Secretary-Treasurer Randy Cammack and Local Union 63 Secretary-Treasurer Dave Hawley.  The protester alleges that Mr. Carey and the other charged parties violated the Rules by campaigning at local union meetings in California in January 1996 on union time and at union expense.  Additionally, the protester complains that IBT staff campaigned at work sites of union members in California on or about the same time.


The IBT responds that Mr. Careys presentations involved matters of interest and concern to the membership.  The IBT states that Mr. Carey is entitled to campaign on behalf of issues and candidates supported by the union in the upcoming November presidential elections.  The IBT also states that IBT staff leafleted at work sites in California to publicize Mr. Careys visits to the California unions. 


Regional Coordinator Bruce Boyens investigated the protest.


The protester charged that Mr. Carey campaigned on January 30, 1996 at a meeting of Local Union 137 held in Redding, California, and on the following day at the Local Union 63 union hall in Rialto, California.  However, the protester supplied no witness to either meeting, no evidence as to the contents of Mr. Careys remarks there, and no evidence that any IBT staff campaigned in California.


The protester has the initial burden of proof to offer evidence substantiating his allegations.  In Re: Chentnik, 95 - Elec. App. - 52 (January 10, 1996).  The IBT has provided to the Election Office talking points that the union states Mr. Carey used at his appearance before members of Local Union 63.  These points do not include campaigning.  The points cover matters such as corporate greed and the need for working people to make their voices heard by strengthening the union.  See Hoffa, P-315-IBT-SCE (April 17, 1996) affd,

96 - Elec. App. - 119 (KC) (finding no campaigning in Mr. Careys speech about attacks by employers and Congress on working people and the need for a unified response from the union).


In the absence of any evidence that Mr. Carey campaigned at the union meetings in California as alleged, 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

James Hoffa

April 22, 1996

Page 1



Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 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