August 10, 1998
VIA UPS OVERNIGHT
JoAnn Corsello
97 Division Avenue
Massapequa, NY 11758
Charles Mosqueda, President
Teamsters Local Union 795
4921 Cessna Street
Wichita, KS 67210
Re: Election Office Case No. PR-145-LU795-NCE
Gentlepersons:
Joanne Corsello, a member of Local Union 851, 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 against Charles Mosqueda, president of Local Union 759 and an unsuccessful candidate for International vice - president-at-large in the supplemental nominations. Ms. Corsello alleged that Mr. Mosqueda may have financed a mailing to the delegates with improper funds. Mr. Mosqueda denied the charges.
This protest was investigated by Regional Coordinator Judith E. Kuhn.
On or about June 16, 1998, Mr. Mosqueda sent campaign literature to the delegates voting for supplemental nominations. The mailing was done by Personal Mailing Service, a mail house, in Darby, Kansas.
Mr. Mosqueda provided the following explanation: Mr. Mosqueda stated he opened up a bank account specifically for his election campaign. On June 11, 1998, Mr. Mosqueda deposited a check for $864.77 in the account. Mr. Mosqueda stated this was his vacation pay. On June 12, 1998, Mr. Mosqueda wrote a check drawn on his new account for $681.30 to Personal Mailing Service. That check paid for the printing, envelopes, postage, stuffing, folding, and a surcharge for the expedited processing of his mailing. Mr. Mosqueda provided the Election Office with copies of the paperwork used to open the account, his paystub, the cancelled check, and invoices from Personal Mailing Service. The Election Officer has reviewed the documents presented and has no evidence that improper funds were utilized for the mailing.
JoAnn Corsello
August 10, 1998
Page 1
Under the Final 1996 IBT International Officer Rerun Election Plan (“Rerun Plan”), candidates may contribute up to $5,000 to the election. Rerun Plan, V.A.2. As a candidate, Mr. Mosqueda was eligible to contribute money to his own campaign as long as he did not exceed his $5,000 limit. His contribution of $681.30 did not violate his contribution limit.
Accordingly, this protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Maser 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, 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, 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:chh
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Election Office Representative