November 21, 1996
VIA UPS OVERNIGHT
James P. Hoffa
November 21, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
John P. Morris, Secretary-Treasurer
Teamsters Local Union 115
2833 Cottman Avenue
Philadelphia, PA 19149
Frank Pease
5 Silverbirch Lane
Levittown, PA 19055
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
November 21, 1996
Page 1
Re: Election Office Case Nos. P-1196-LU115-PNJ and P-1199-LU115-PNJ
Gentlemen:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
James P. Hoffa, a member of Local Union 614 and a candidate for general president. In P-1196-LU115-PNJ, Mr. Hoffa alleges that Frank Pease, a Local Union 115 steward, threatened
John McMaster, another member of Local Union 115, in a manner prohibited by the Rules.
In P-1199-LU115-PNJ, Mr. Hoffa alleges that Mr. Pease removed literature that supported
Mr. Hoffa’s candidacy from a work site bulletin board, in violation of the Rules. Because of
the related nature of these protests, they were consolidated by the Election Officer.
Mr. Pease denies threatening Mr. McMaster and denies removing campaign material from the bulletin board.
Regional Coordinator Peter V. Marks, Sr. investigated the protests.
1. Allegations of Threats
Mr. Hoffa alleges that Mr. Pease threatened to report Mr. McMaster to the local union leadership because Mr. McMaster wore a pro-Hoffa pin to work. Mr. Hoffa states that
James P. Hoffa
November 21, 1996
Page 1
Mr. McMaster’s employer, Laidlaw Transport, does not have a policy prohibiting members
from wearing paraphernalia in support of a candidate.
During the investigation, Mr. McMaster stated that Mr. Pease approached him and threatened to report him to the union if he did not remove the pro-Hoffa pin. He states that he continues to wear the pin.
Mr. Pease denies making such a threat. The investigation reveled that Mr. Pease and
Mr. McMaster have been antagonistic towards each other since before the current election. As stated above, the protester has no evidence of the incident. Mr. McMaster has continued to wear the campaign pin. Based on the investigation, the Election Officer credits Mr. Pease’s contention that he did not threaten Mr. McMaster.
2. Allegation of Removal of Literature
The protester provided no evidence that Mr. Pease removed the material in question. He directed the investigator to several witnesses during the investigation. None of them witnessed Mr. Pease removing the literature.
For the foregoing reasons, 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
Peter V. Marks, Sr., Regional Coordinator