This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

 

              August 14, 1998

 

VIA UPS OVERNIGHT

 


Dennis C. Skelton

August 14, 1998

Page 1

 

Dennis C. Skelton

4119 Pasco Drive

St. Louis, MO  63129

 

Robert Hauptmann

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC  20001


David L. Neigus

Acting General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC  20001

 


Dennis C. Skelton

August 14, 1998

Page 1

 

Re:  Election Office Case No. PR-161-IBT-NYC

 

Gentlemen:

 

Dennis Skelton, a member of Local Union 600, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) against the IBT and the Carey Campaign.  Mr. Skelton alleges that he received a facsimile addressed to him as a former candidate on the Ron Carey Slate that was sent from the IBT headquarters in Washington, D.C., by Robert Hauptmann, Assistant to the Acting General President.

 

The IBT states that the protest is untimely.  Moreover, the IBT states that Mr. Hauptmann sent the facsimile from an IBT fax machine due to a direction from the Election Appeals Master that candidates on the Carey Slate be notified about the wind-up of the campaign’s affairs.  Mr. Hauptmann sent all notices to all Carey Slate candidates by facsimile from his home, with the exception of Mr. Skelton, because he did not have his fax number at home.  He admits that he sent the fax to Mr. Skelton from the office.  Mr. Hauptmann sent the one facsimile using IBT equipment.

 

This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.

 

On June 2, 1996, Election Appeals Master Kenneth Conboy issued a decision affirming a decision of the Election Officer that individual members of the Carey Slate do not have an obligation to report an outstanding debt incurred by the entity “Committee to Elect Ron Carey ‘96.”  In re James P. Hoffa and the Hoffa Slate, 98 - Elec. App. - 352 (KC) (June 2, 1998).  This was the decision sent by facsimile on IBT equipment by Mr. Hauptmann to Mr. Skelton.


Dennis C. Skelton

August 14, 1998

Page 1

 

Although Mr. Skelton received the facsimile on June 2, he did not file this protest until July 6.  The protest, therefore, is clearly untimely.  Moreover, the facsimile transmission of the Election Appeals Master’s decision to former Carey Slate candidates is not an improper use of union resources to support campaigning.  Therefore, there is no Rules violation.

 

Accordingly, the 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.  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

Barbara C. Deinhardt, New York City Protest Coordinator