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Office of the Election Supervisor for the International Brotherhood of Teamsters

              October 4, 1996

 

 

VIA UPS OVERNIGHT

 


James P. Hoffa

October 4, 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

 

Ron Carey Campaign

c/o Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Gerald Zero, Secretary-Treasurer

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL  60612

 

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001

 

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334


James P. Hoffa

October 4, 1996

Page 1

 

 

Re:  Election Office Case No. P-1017-LU705-CHI

 

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 member of Local Union 614 and candidate for general president.  Mr. Hoffa alleges that an IBT-funded event, ostensibly to promote voter registration among Teamster members, will be used to campaign for the candidacy of Ron Carey, the incumbent general president and a candidate for reelection, in the Chicago area on October 6, 1996, in violation of the Rules.

 

Regional Coordinator Julie E. Hamos investigated the protest.

 

The basis for Mr. Hoffas protest is a flyer advertising a Local Union 705 event to be held in Chicago, Illinois on October 6, 1996.  The flyer describes the event as follows:


James P. Hoffa

October 4, 1996

Page 1

 

 

              TEAMSTER FAMILY PICNIC

 

              Join Teamster General President

              Ron Carey for this very special event:

 

* hear about plans by politicians to end over-time pay -- and how were fighting back.

 

* Get registered to vote to help protect your job and your family -- and learn how to register your friends.

 

              [The date and location of the event are set out]

 

              TEAMSTERS VOTE.

 

In addition, the flyer promises typical picnic fare, including free food and drink, music, free games and rides for children and the screening of a Chicago Bears game on a large screen television.

 

Mr. Hoffa made a similar allegation, based on a nearly identical flyer, in Hoffa, P-996-LU436-CLE (September 23, 1996), affd, 96 - Elec. App. - 245 (KC) (October 3, 1996).  In that protest, Mr. Hoffa also alleged that an upcoming IBT-funded event would be used for campaign purposes by Mr. Carey.  In denying that protest, the Election Officer stated:

 

None of the activities listed on the protested flyer constitute advocacy for or against a candidate in the International officer election.  The advertised event is a voter registration picnic related to the U.S. presidential election, which does not inherently violate the RulesHoffa, supra

 

If the protester or any other member believes that improper campaigning does happen at the picnic when the event actually takes place, the matter may then be raised and tested by a timely protest.  See Pacheco, P-578-LU222-RMT (March 18, 1996) (risk of future improper use of membership information by local union officers does not violate rules; specific actions may be raised and tested by protest when they occur); Hill, P-409-

LU89-SCE (March 13, 1996) (potential for future campaigning at union meetings does not state violation; protest may be filed if improper campaigning occurs).

 

The Election Appeals Master affirmed this decision, stating, The Election Officer properly denied the protest in the absence of proof of actual impermissible campaigning.

 


James P. Hoffa

October 4, 1996

Page 1

 

 

The allegations in and the circumstances of the present protest are nearly identical to those in Hoffa, supra.  Once again, the protester has failed to allege that impermissible campaigning has occurred, contending rather that such campaigning will occur at a future event. 

 

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, 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

Julie E. Hamos, Regional Coordinator