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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

January 27, 1999

 

VIA FIRST CLASS MAIL

 


Harry D. LaBar

January 27, 1999

Page 1

 

Harry D. LaBar

20401 Concord Road

Davidson, NC 28036

 

Sam Carter

Executive Assistant to Acting

General President Tom Sever

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

Tom Sever, Acting General

   President/Secretary-Treasurer

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

David L. Neigus

Acting General Counsel

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

   Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

Joe Henry

Assistant Director

Organizing Department

Int’l Brotherhood of Teamster

25 Louisiana Avenue, NW

Washington, DC 20001

 

Bob Ramshaw

Organizing Department

Int’l Brotherhood of Teamster

25 Louisiana Avenue, NW

Washington, DC 20001


Harry D. LaBar

January 27, 1999

Page 1

 

Re: Election Office Case No. Post-069-LU71-EOH

 

Gentlemen:

 


Harry D. LaBar

January 27, 1999

Page 1

 

Harry D. LaBar, a member of IBT Local Union 71, filed a post-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Sam Carter, the president of Local Union 71.  Mr. LaBar alleges that he was terminated from his position as a Project Organizer by Mr. Carter because of his support for the candidacy of James P. Hoffa, Jr..

 

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

 

Post-election protests are generally only considered and remedied when the alleged violations of the Rules “may have affected the outcome of the election.”  See Cheatem, Post-27-EOH (August 21, 1997) at 105.  Where, as here, a timely protest alleges “improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by the Rules,” however, it “shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.”  Art. XIV, Sec. (3)(b).

 

Mr. LaBar was employed by Local Union 71 as an IBT Project Organizer from May 28, 1996 until December 31, 1998.  Despite Mr. LaBar’s satisfactory work performance, on December 18, 1998, Mr. Carter, the newly elected president of Local Union 71, informed

Mr. LaBar that Local Union 71 would cease to fund his position as of January 1, 1999.  Local Union 71 did not replace Mr. LaBar with another member and currently sponsors no other Project Organizers.  Absent the local union’s financial sponsorship of the position, the IBT terminated Mr. LaBar as a project organizer.

 

The investigation determined that both the IBT’s treasury and Local Union 71's General Fund have been significantly depleted in recent years.  As a result, the new administrations of both organizations are actively working to reduce costs.  Mr. Carter stated that the termination of Mr. LaBar’s position resulted solely from these efforts.  The Election Officer uncovered no evidence that Mr. LaBar’s termination was motivated by any factor other than cost.  As noted, Mr. LaBar was not replaced in performing this work. 

 

Accordingly, this protest is DENIED.

 

Any interested party not satisfied with this determination may request a hearing before the Election Appeals master within one (1) 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.  Request for a hearing shall be made in writing and shall be served on:

 

Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 100

New York, NY 10022

Fax: (212) 751-4864

 


Harry D. LaBar

January 27, 1999

Page 1

 

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Michael G. Cherkasky

Election Officer

 

 

MGC:

Enclosure

 

cc:              Kenneth Conboy, Election Appeals Master