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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

              August 10, 1998

 

VIA UPS OVERNIGHT

 


James P. Hoffa

August 10, 1998

Page 1

 

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC  20036

 

Ken Paff

Teamsters for a Democratic Union

7435 Michigan Avenue

Detroit, MI  48210


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street, NW

Washington, DC  20009

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI  48334

 


James P. Hoffa

August 10, 1998

Page 1

 

Re:  Election Office Case No. PR-172-TDU-EOH

 

Gentlemen:

 

James P. Hoffa, a candidate for general president, and the Hoffa Unity Slate 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 the Teamsters for a Democratic Union (“TDU”), an independent committee.  Mr. Hoffa alleged that TDU accepted donations from retired IBT members and their spouses which violates the Rules.  TDU denied the allegations.

 

This protest was investigated by Director of Campaign Finance Leslie Deak.


James P. Hoffa

August 10, 1998

Page 1

 

TDU mailed out a solicitation that contained the following disclaimer:  “TDU solicits and accepts membership applications and donations only from Teamsters, retired Teamsters and spouses who are not employers.  Only funds from Teamster members and their spouses can be used for campaign purposes.”  Mr. Hoffa claims that the solicitation is improper because it allows TDU to unilaterally allocate contributions between its campaign and non-campaign accounts, whereas candidates and slates must specify on the solicitation whether they are soliciting money for their general campaign fund or for their legal and accounting fund.

 

It is well established that TDU is an independent committee under the Rules, defined as a caucus or group of union members not controlled by a candidate or slate that accepts funds or makes expenditures with the “purpose, object or foreseeable effect” of influencing the International election.  Rules, Definitions, at Section 22; Advisory on Campaign Contributions and Disclosures (Revised November 1997) (“Advisory”); Hoffa, PR-039-IBT-EOH (March 10, 1998); Halberg, P-019-LU174-PNW (December 14, 1995) (decision on remand).  As an “independent committee,” the TDU may contribute to International campaigns even if it receives financial assistance from sources prohibited under the Rules.  The Rules require that monetary support for campaign activities consist exclusively of funds received from IBT members.  Funds received from any other sources cannot be contributed to any candidate through TDU, or any other independent committee, and must be properly allocated and segregated.  In re Gully, 91-Elec. App. - 158 (SA) (June 12, 1991), aff’g Sargent, P-249-LU283-MGN (May 21, 1991).

 


James P. Hoffa

August 10, 1998

Page 1

 

Since the decision in Gully, the Election Officer specifically required TDU to allocate and separate permitted funds from prohibited funds in the regular course of its operations.  See Hoffa, PR-039-IBT-EOH (March 10, 1998); Halberg, P-019-LU174-PNW (December 14, 1995) (decision on remand).  The solicitation in question conforms to the requirements mandated by the Election Officer.  Moreover, disclaimer language is not required by the Rules, so long as the contributions themselves are proper.  McCormick, PR-012-LU705-NCE (November 17, 1997). 

 

Mr. Hoffa’s complaint about that system at this late date is not only untimely, but disingenuous.  The Rules define independent committees differently than candidates and slates and treat them differently in a number of instances.  As noted above, this issue has been litigated numerous times in the protest process. 

 

Accordingly, this protest is hereby 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.


James P. Hoffa

August 10, 1998

Page 1

 

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