January 23, 1997
VIA UPS OVERNIGHT
Brad Stinson
January 23, 1997
Page 1
Brad Stinson
3021 Breezeway Drive
Rockford, IL 61109
Ken Paff
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Scott Alexander
208 Fairview Avenue
Rockford, IL 61108
Troy Lundin
3425 Harrington Avenue
Rockford, IL 61103
Edward J. Sherman, Secretary-Treasurer
Teamsters Local Union 325
5533 11th Street
Rockford, IL 61109
Paul Alan Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009
Brad Stinson
January 23, 1997
Page 1
Re: Election Office Case No. P-1340-LU325-CHI
Gentlemen:
Brad Stinson, a member of Local Union 325, 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”). The protester alleges that a representative of the Teamsters for a Democratic Union (“TDU”) called Troy Lundin, a member of Local Union 325 and a witness in Chentnik, P-1237-LU325-CHI (November 21, 1996), aff’d, 96 - Elec. App. - 294 (KC) (December 4, 1996), during the Election Officer’s investigation of the protest. The TDU representative allegedly told Mr. Lundin to tell the Election Officer’s investigator that he was greatly intimidated by Mr. Stinson and a group of James P. Hoffa supporters, even if this was untrue, because “this will be our chance to get rid of Brad.”
This protest was investigated by Regional Coordinator Julie E. Hamos.
Brad Stinson
January 23, 1997
Page 1
The investigation revealed that after the protest in P-1237 was filed, Mr. Lundin was contacted by someone representing himself as someone from TDU, but Mr. Lundin cannot recall the name of the caller. One of the allegations in P-1237 was that a group of Hoffa supporters, including Mr. Stinson, engaged in harassment of supporters of Ron Carey at the Rockford, Illinois facility of USF Holland. The protester in P-1237 provided Mr. Lundin as a witness to this allegation. Mr. Lundin relates that the TDU representative told him, “Don’t be intimidated, just because it’s an IBT brother. Just tell [the investigator] all the details, and if you’re afraid, tell her. If you’re not, you’re not.” Mr. Lundin denies that the TDU representative ever told him to lie or coached him about what to tell the investigator.
Mr. Stinson bases his allegations on a conversation he had with Local Union 325 member Scott Alexander. During the investigation, Mr. Alexander stated that he had an approximately two minute-long conversation with Mr. Lundin and does not precisely recall the content of the conversation. He claims Mr. Lundin told him that TDU “more or less” tried to get Mr. Lundin to say he was intimidated. Mr. Stinson admits that he has no personal knowledge of the conversation between the representative of TDU and Mr. Lundin and has not discussed this conversation with Mr. Lundin.
In light of Mr. Lundin’s denial of the version of the conversation set forth in the protest, the Election Officer finds no evidence that her processes have been interfered with or that Mr. Stinson was intimidated based upon his support of Mr. Hoffa.
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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Julie E. Hamos, Regional Coordinator