June 27, 1996
VIA UPS OVERNIGHT
Randy Tamburello
2031 Debutante Manor
Schenectady, NY 12303
Jim Cerone, Sr.
37 Fairlawn Drive
Selkirk, NY 12158
Re: Election Office Case No. P-790-LU294-PGH
Gentlemen:
Randy Tamburello, a member of Local Union 294, 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 James Cerone, Jr., a shop steward for Local Union 294. The protester alleges that Mr. Cerone removed material supporting the campaign of Ron Carey from a union bulletin board customarily used for campaign material and campaigned on behalf of James P. Hoffa while on work time. The charged party denied both allegations.
Regional Coordinator William B. Kane investigated the protest.
The protester stated that he saw Mr. Cerone remove campaign material from a union bulletin board at their workplace in the Allied Systems terminal in Selkirk, New York. He claims that Mr. Cerone spends about two hours a day during work selling campaign material for Mr. Hoffa. The protester told the Regional Coordinator that he would provide the names and telephone numbers of four witnesses who could support his protest. He also told the Regional Coordinator that he would provide a copy of the campaign flyer that Mr. Cerone allegedly removed from the bulletin board. However, the protester provided none of this information to the Regional Coordinator.
Randy Tamburello
June 27, 1996
Page 1
The Regional Coordinator spoke with both parties. As between the protester and the charged party, the Regional Coordinator found that the charged party, who denied wrongdoing, was more forthcoming and knowledgeable about the matters at issue in this protest. The Regional Coordinator additionally discredits the protester because he failed to produce evidence that he had agreed to provide. The Regional Coordinator contacted one witness who was suggested by the charged party. This witness said that the charges against
Mr. Cerone were not true. Accordingly, the Election Officer finds no merit to this protest.
Based on 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 & 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 N. Capitol Street, Suite 855, Washington, DC 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
William B. Kane, Regional Coordinator