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Office of the Election Supervisor for the International Brotherhood of Teamsters

              September 10, 1996





Richard Berg

September 10, 1996

Page 1



Richard Berg

1336 W. Argyle

Chicago, IL  60640


Frank Mancuso, Jr., Producer

MGM-United Artists

2500 Broadway Street

Santa Monica, CA  90404

William T. Hogan, Jr.

219 Avondale

Palatine, IL  60067


Paul Alan Levy

Public Citizen Litigation Group

1600 20th Street, N.W.

Washington, DC  20009

Richard Berg

September 10, 1996

Page 1



Re:  Election Office Case No. P-884-LU714-CHI




A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) by Richard Berg, a member of Local Union 743.  The protester alleges that Frank Mancuso, Jr., a movie producer, appeared at a rally on August 15, 1996, and endorsed William Hogan Jr.s qualifications.  The protester argues that Mr. Mancuso is an employer and, as such, his appearance was an endorsement of Mr. Hogan and any expenses he incurred in order to attend the rally represent prohibited contributions, under the Rules.  


The protest was investigated by Election Office Staff Representative Kathryn Naylor.


Richard Berg

September 10, 1996

Page 1



The investigation revealed that a rally was held on August 15, 1996 in Chicago to protest the imposition of a trusteeship on Local Union 714 by the International union.  The rally focused on the charges of corruption and nepotism leveled against Mr. Hogan in his position as secretary-treasurer of the local union.  Mr. Mancusos statements at the rally defended the job that Mr. Hogan has done with the Chicago movie industry.  Mr. Mancusos remarks also addressed the allegations of nepotism against Mr. Hogan, emphasizing that the issue is not whose son you are, but rather whether you did a good job.  Mr. Mancuso reportedly noted that, like Mr. Hogan, his father had introduced him into the movie industry business. 


The Election Officer finds that Mr. Mancusos appearance at the Hogan rally was not a prohibited contribution.  The rally protested here was to denounce the trusteeship and support Mr. Hogans record as secretary-treasurer of Local Union 714.  Mr. Mancusos appearance and statements were in support of Mr. Hogan in his capacity as secretary-treasurer in dealing with the movie industry in Chicago, and not in support of his candidacy for International union office.  Therefore, Mr. Mancusos appearance at the rally is not violative of the Rules.[1]


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


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


[1]Since the Election Officer does not consider Mr. Mancuso’s appearance or statements campaigning on behalf of Mr. Hogan, it is not necessary to reach the issue of whether Mr. Mancuso would be considered an employer as defined by the Rules