November 1, 1996
VIA UPS OVERNIGHT
David Eckstein
November 1, 1996
Page 1
David Eckstein
Field Services
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Cindy Zehnder, Secretary-Treasurer
Teamsters Local Union 741
552 Denny Way
Seattle, WA 98109
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
David Eckstein
November 1, 1996
Page 1
Re: Election Office Case No. P-1078-LU741-PNW
Gentlemen:
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 David Eckstein, a member of Local Union 661. Mr. Eckstein alleges that literature in support of James P. Hoffa, a member of Local Union 614 and a candidate for general president, was displayed on a locked, glass-enclosed bulletin board at Local Union 741’s Oak Harbor Freight Lines work site, without granting similar access for the posting of literature supporting the candidacy of Ron Carey, IBT general president and a candidate for reelection, in violation of the Rules.
Local Union 741 denies that it refused to grant access for the posting of literature in support of Mr. Carey’s candidacy. The local union states that pro-Hoffa material has been displayed on the board, but no one has requested that they be permitted to post pro-Carey literature on the board. According to the local union, such a request would be granted.
Regional Coordinator Christine M. Mrak investigated the protest.
David Eckstein
November 1, 1996
Page 1
Following the filing of this protest, the Carey campaign submitted a photograph and three pieces of campaign material to be posted on the protested bulletin board at the Oak Harbor facility. The local union has agreed that this material will be posted on the bulletin board and will remain posted through the month of November, subject only to space limitations as described below.
The bulletin board is approximately 23 feet in size. It contains the notices required by the Election Officer and other official local union postings. If at some point there is not enough room on the board for candidates to post material without obscuring official noticing, the following priority rule will apply: required notices of the Election Officer will be given first priority; timely, official local union postings will be given second priority. The pro-Carey material may occupy what space is left with the proviso that, if supporters of other candidates wish to post material subsequently, the available space for campaign literature will be divided equally between each candidate. The parties have agreed to these limitations.
Accordingly, the protest is 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
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
Christine M. Mrak, Regional Coordinator