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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 29, 1996





Timothy Lynch

July 29, 1996

Page 1



Timothy Lynch

66-11 Woodhaven Boulevard

Rego Park, NY 11374


Jerry Rourke, Jr.

Avis Rent-A-Car

48-05 Grand Avenue

Maspeth, NY 11378


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

Richard Brook

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036


Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334

Timothy Lynch

July 29, 1996

Page 1



Re:  Election Office Case No. P-853-LU807-NYC




Timothy Lynch, a member of Local Union 819, 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 Avis Rent-A-Car in Maspeth, New York (Avis or the employer) and the campaign of James P. Hoffa (the Hoffa campaign), candidate for general president.  The protester alleges that Avis made a campaign contribution, in violation of the Rules, by posting a memorandum from the employer on a union bulletin board so that the memorandum concealed a sticker for the campaign of Ron Carey, while allowing a sticker for the campaign of Mr. Hoffa to remain on the board in full view.  The protester further alleges that Mr. Hoffa should be held strictly liable for the unlawful campaign contribution.


Timothy Lynch

July 29, 1996

Page 1



Avis Fleet Distribution Manager Jerry Rourke, Jr. admits that the employer posted its memorandum on the union bulletin board in the manner alleged and states that the employers placement of its memorandum on the board was accidental.  He advises that on the next morning, when the incident was brought to his attention, he moved the memorandum so that it did not hide the Carey sticker.


New York City Protest Coordinator Barbara C. Deinhardt investigated the protest.


Local Union 807 has a collective bargaining agreement with Avis requiring the employer to provide a bulletin board on its property for the use of the union.  The employer retains the only key to the bulletin board.


Prior to, on or about, Monday, July 8, 1996, the employer permitted campaign stickers for the campaigns of Mr. Hoffa and Mr. Carey to be posted on the union bulletin board upon requests by employees.  On or about July 8, the employer posted a memorandum, unrelated to the International officer election, on the bulletin board.  The memorandum was placed in such a way as to conceal a Carey sticker, although a Hoffa sticker was left visible.  Mr. Rourke states that the Carey sticker had been posted on the board for several weeks prior to the posting of the memorandum.  When the placement of the memorandum on the bulletin board was brought to his attention approximately one day later, Mr. Rourke moved the memorandum to uncover the Carey sticker.


The evidence discloses that an Avis manager inadvertently posted a memorandum so that the posting concealed a Carey sticker, while a Hoffa sticker was not similarly concealed. When Avis received a complaint about the manner in which the memorandum was posted, the employer promptly moved the memorandum to uncover the Carey sticker.


Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.  The protesters complaint as stated in this protest has been addressed and remedied.


Accordingly, this protest is now RESOLVED.


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


Timothy Lynch

July 29, 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

Barbara C. Deinhardt, New York City Protest Coordinator