July 31, 1996
VIA UPS OVERNIGHT
James P. Hoffa
July 31, 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
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
July 31, 1996
Page 1
Re: Election Office Case No. P-843-IBT-NYC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by James P. Hoffa, a candidate for general president. Mr. Hoffa alleges that IBT International Organizer
Mike Curcio used union resources to campaign, in violation of the Rules. Specifically,
Mr. Hoffa contends that on June 19, 1996, Mr. Curcio contacted delegate Joe Traver while the latter was at work and engaged him in a discussion concerning the delegate pledge in support of Ron Carey. According to Mr. Hoffa, Mr. Curcio then used a union fax machine to transmit a copy of the pledge to Mr. Traver.
The IBT denies the allegations and contends that the protest is untimely.
New York City Protest Coordinator Barbara C. Deinhardt investigated the protest.
These allegations were first brought to the attention of the Election Officer on July 4, 1996 when the protester sought to add them to a protest filed earlier. Ms. Deinhardt advised the protester that, as the new allegations arose from a substantially separate nexus of fact, they should be filed as a new protest. On July 9, 1996, the protester filed the current protest. He states that he became aware of the facts alleged on July 3, 1996.
James P. Hoffa
July 31, 1996
Page 1
Article XIV, Section 2(b) of the Rules requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” The short time limits are important to ensuring that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.
The protester argues that his protest should be considered filed on July 4, 1996 because that was the day he first brought the allegations to the attention of an Election Office representative. Accepting this argument, it remains true that 10 working days elapsed between the alleged incident and the filing of the protest. Such a delay would not bar an analysis of the protest on its merits only if the protester could not reasonably have acquired the information upon which the protest was based until a time inside the limitation assigned by the Rules.
The investigation revealed, however, that Terry Majka, a candidate for International vice president, informed Mr. Hoffa of the events protested here by telephone on June 20 or June 21, 1996. This evidence indicates that Mr. Hoffa had actual knowledge of the alleged facts upon which he based this protest at least eight working days prior to his conversation with the Election Office representative. Such a delay is unreasonable under the Rules and
Mr. Hoffa’s protest is untimely as a result.
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
James P. Hoffa
July 31, 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, 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
Barbara C. Deinhardt, New York City Protest Coordinator