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Office of the Election Supervisor for the International Brotherhood of Teamsters


              July 6, 1998



              (*Additional service address.)




Susan Davis

July 6, 1998

Page 1


Ron Carey Slate

c/o Susan Davis, Esq.

Cohen, Weiss and Simon

330 West 42nd Street

New York, NY  10036


James P. Hoffa

2593 Hounds Chase

Troy, MI  48098


James P. Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue NW, Suite 500

Washington, DC  20036


Gary Kushner, CPA

Kushner, Chupack, Kippelman & Taub, P.C.

30400 Telegraph, Suite 314

Bingham Farms, MI  48025


Robert S. Harrison, Esq.

Robert Harrison & Associates

Bloomfield Office Pavilion

2550 Telegraph Road, Suite 275

Bloomfield Hills, MI  48302


George Geller, Esq.

30833 Northwestern Highway

Farmington Hills, MI 48334


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

Richard Leebove

RL Communications

18600 West 10 Mile Road, Suite 101

Southfield, MI  48075


William A. Sankbeil, Esq.

Kerr, Russell and Weber, PLC

500 Woodward Avenue, Suite 2500

Detroit, MI  XXX-XX-XXXX


Kevin Currie

541 South Wellwood Ave.

Lindenhurst, NY  11757


Dane Passo

6811 West Roosevelt Road

Berwyn, IL  60402


William T. Hogan

2443 North Evergreen

Arlington Heights, IL  XXX-XX-XXXX


Walter A. Lytle

2644 Cass Street

Fort Wayne, IN  46808


Patrick W. Flynn

Teamsters Local Union 710

4217 South Halsted Street

Chicago, IL  60609


Frank J. Wsol, Secretary-Treasurer

Teamsters Local Union 710

4217 South Halsted Street

Chicago, IL  60609


Susan Davis

July 6, 1998

Page 1


Lester A. Singer

435 South Hawley Street

Toledo, OH  43609


Jim Santangelo

9960 Baldwin Place



Robert Baptiste, Esq.*

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC  20036


Mary Lou Salmeron

1616 West Ninth Street, Suite 300

Los Angeles, CA  90015


Lawrence Brennan, President

Teamsters Local Union 337

2801 Trumbull Avenue

Detroit, MI  48216


Philip E. Young

4501 Van Brunt Blvd.

Kansas City, MO  43609


T.C. Stone

Post Office Box 571

Kaufman, TX  75142


James L. Hicks, Jr., P.C.

Stemmons Place, Suite 1100

2777 North Stemmons Freeway



Bernard Rapoport

c/o Pat Beard, Esq.

Beard & Kultgen

Attorneys at Law

5400 Bosque Boulevard, Suite 301

Post Office Box 21117



Stand Up Slate

c/o Jeraldine Cheatem

Post Office Box 288492

Chicago, IL  60628


Thomas Baldwin

Teamsters Local Union 880

6566 Hawthorn Drive

Windsor, ON N8T 1J9



Donato J. DeSanti

Post Office Box 6027

Somerset, NJ  08875


Betty Rose Fischer

Teamsters Local Union 538

2119 Ehrman Road, Drop 2

Cranberry Township, PA  16066


Fred J. Gegare

Teamsters Local Union 75

1546 Main Street

Green Bay, WI  54302


Chester Glanton

Teamsters Local Union 743

300 South Ashland Avenue

Chicago, IL  60607


C. Thomas Keegel

Teamsters Local Union 544

2433 Wight Bay

Brooklyn Park, MN  55443


Chuck Mack

Teamsters Local Union 70

Post Office Box 2270

Oakland, CA  95621

Susan Davis

July 6, 1998

Page 1


Dotty Malinsky

Teamsters Local Union 2000

9409 Yukon Avenue, South

Minneapolis, MN  55438


Ronald L. McClain

544 28th Street

West Des Moines, IA  50312


John F. Murphy

Teamsters Local Union 122

765 East Third Street

Boston, MA  02127


Thomas R. O’Donnell

Teamsters Local Union 817

1 Hollow Lane

Lake Success, NY  11042


Jon L. Rabine

Post Office Box 78213

Seattle, WA  98178


Jim Santangelo

Santangelo ‘96

c/o Richard Wilson

8556 Moorcroft Avenue

West Hills, CA  91304


John C. Steger

8229 Bubbling Spring

Laurel, MD  20723

Ralph J. Taurone

Teamsters Local Union 222

Post Office Box 30749

Salt Lake City, UT  84130


C. Sam Theodus

202 James Circle

Avon Lake, OH  44012


Richard Volpe

Teamsters Local Union 550

6 Tuxedo Avenue

New Hyde Park, NY  11040


Garnet Zimmerman

Teamsters Local Union 31

1 Grosvenor Square

Delta, BC V3M 5S1



Seymour Glanzer, Esq.

Dickstein, Shapiro, Morin & Oshinsky

2101 L Street, NW

Washington, DC  20037


Susan Davis

July 6, 1998

Page 1


Re:  Election Office Case No. PR-035-EOH (Post-47-EOH)

  Decision on Reconsideration




Susan Davis

July 6, 1998

Page 1


In In re Carey Slate, PR-035-EOH (April 7, 1998), aff’d, 98 - Elec. App. - 348 (KC) (May 15, 1998), the Election Officer found, inter alia, that Jim Santangelo, a candidate for International vice-president and member of the Hoffa Slate in the initial election, failed to properly report 13 checks during the initial election totaling $2,637 on his Campaign Contribution and Expenditure Reports (“CCERs”).  Id. at 51.  As a remedy, the Election Officer fined Mr. Santangelo $263, ten percent of the total unreported sum.


Mr. Santagelo appealed that portion of the decision pertaining to him.  On May 8, 1996, Mr. Santangelo asked the Election Officer to reconsider the findings against his campaign.  On the same date, the Election Officer granted the request.  Thereafter, Mr. Santangelo withdrew his appeal.  Subsequently, Mr. Santangelo’s campaign presented evidence which has been considered by the Election Officer.


The Election Officer initially held that the Santangelo Campaign failed to report checks from six individuals:  James E. Garrison; Martin Guzman; R.A. Johnson; Barbara and Randall Franquera; Michael Riley; and Lino Haro.  The Election Officer also found that the Santangelo Campaign failed to return three checks written by Teamsters Local Union 848 totaling $2,000.  The Election Officer now reconsiders these findings and, based on the additional evidence provided, makes the following further findings.




The Santangelo Campaign presented documentary evidence to the Election Officer indicating that the checks from the six individuals had been properly reported, or that reporting was not required because the contribution had been received and returned within the reporting period.  As to these contributions, the Election Officer is convinced that they were properly reported and therefore there was no reporting violation of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).




The Election Officer found that Mr. Santangelo failed to report three contributions from Local Union 848 and thereafter, improperly retained these checks totaling $2,000 when Election Officer Barbara Zack Quindel ordered the Santangelo Campaign to refund monies contributed to the campaign from the Local Union 848 Officers and Employees Fund.


Mr. Santangelo explained that the checks written by Local Union 848 were not from the Officers and Employees Fund, and, therefore, the Campaign was not obligated to return these monies when the Election Officer ordered the return of the contributions from that Fund.  The investigation revealed, however, that these union checks reflected aggregated individual contributions from employees of Local Union 848.  The separate contributions were reported under the individual contributor’s names.  They were not contributions through the Fund.


Susan Davis

July 6, 1998

Page 1


Originally, the individual contributors had been making contributions through payroll deduction to the IBT DRIVE.  In the summer of 1995, the contributors decided to contribute their money through the payroll deduction to Santangelo’s Campaign.  These contributions took place in November 1996.  The money was contributed through the payroll deduction, the books were maintained by the local union bookkeeper and contributions were made on local union checks.


Although these contributions came from individuals as opposed to the Officers and Employees Fund, they were made through the improper use of union resources in furtherance of an election campaign.  Such use of union resources violates Article XII, Section 1(b)(3).


Accordingly, on reconsideration, the Election Officer finds that Mr. Santangelo violated the Rules by accepting $2,000 in contributions through checks drawn on Local Union 848, but otherwise did not violate the Rules.


In order to remedy the violation, the Election Officer fines Mr. Santangelo ten percent of the improper contributions of $2,000 made through this payroll deduction system.  Within two (2) days of the date of this decision, Mr. Santagelo is ordered to pay $200 to the Election Office.


An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the RulesIn re Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).


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.  Requests for a hearing shall be made in writing and shall be served on:


Kenneth Conboy, Esquire

Latham & Watkins

885 Third Avenue

Suite 1000

New York, New York  10022

              Fax:  (212) 751-4864


Susan Davis

July 6, 1998

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.






Michael G. Cherkasky

Election Officer




cc:              Kenneth Conboy, Election Appeals Master