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Office of the Election Supervisor for the International Brotherhood of Teamsters

October 8, 1998




John Metz

October 8, 1998

Page 1


John Metz

302 Waterside Drive

Wildwood, MO 63040


John Metz Slate

c/o Jim Smith

2833 Cottman Avenue

Philadelphia, PA 19149


George O. Suggs, Esq.

Wilburn & Suggs

1015 Locust

Suite 818

St. Louis, MO 63101

David L. Neigus

Acting General Counsel

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001


Tom Leedham

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


David A. Eckstein

35 E Street, NW, #110

Washington, DC 20001

John Metz

October 8, 1998

Page 1


Re:  Election Office Case No. PR-215-IBT-SCE




John Metz, a candidate for general president, 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 (“Rules”) against Tom Leedham, a candidate for general president, and the Tom Leedham “ Rank and File Power Slate.”  Mr. Leedham is an opposing candidate for general president.  Mr. Metz alleged that David Eckstein, an employee of the IBT Field Services Department, organized three “corporate campaigns” as a pretext to use union resources in support of Mr. Leedham’s candidacy.  The protester further alleged that Mr. Eckstein and other IBT employees have traveled and “continue to travel at the expense of the IBT for the purpose of engaging in campaign activities for Mr. Leedham and his slate.”  Mr. Eckstein and Mr. Leedham denied the allegations.


The protest was investigated by Regional Coordinator J. Griffin Morgan.


John Metz

October 8, 1998

Page 1


The protester contends that the timing of the commencement of the campaigns together with the failure of Mr. Eckstein to even inform the IBT Director in the Airline Division of these activities evidences Mr. Eckstein’s true intent.  The protester could not substantiate either of the allegations with any first hand knowledge.  At the suggestion of the protester’s representative,  Dennis Skelton was interviewed.  Mr. Skelton claimed that he knew the names of two witnesses who had overheard a conversation in the IBT lunch room in which Mr. Eckstein admitted his intention to start field campaigns “in order to get people in the field so that they could campaign for the Leedham Slate.”   However, Mr. Skelton refused to identify these witnesses because, according to him, they feared retaliation.  Neither Mr. Skelton nor any other person interviewed provided any witnesses or documents which established that any IBT action had been initiated to campaign or that any IBT employees had traveled for campaign purposes.


The protester bears the burden of proof to present evidence that a violation has occurred.  Rules, Article XIV, Section 1.  The Election Officer has consistently denied protests when the protester offers no evidence to corroborate and support his allegations.  Leedham Slate, PR-264-LU237-EOH (September 16, 1998);  Hoffa, PR-043-LU385-SCE (January 9, 1998); Pike, P-278-LU952-CLA (January 30, 1996). 


Neither Mr. Metz nor any other witness submitted sufficient evidence to meet the evidentiary requirement.  No evidence was presented to show that Mr. Eckstein initiated any union-related events or activities for improper reasons.  The circumstantial factors suggested by the protester, including the timing of the events or the failure to give notice of them, are insufficient to show that union resources have been used to campaign in violation of the Rules.  Moreover, the Election Officer addressed the longstanding nature of many of these campaigns in Eckstein, PR-135-IBT-EOH (August 14, 1998), aff’d, 98 - Elec. App. - 369 (September 8, 1998).


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,




John Metz

October 8, 1998

Page 1


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

J. Griffin Morgan, Regional Coordinator