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Office of the Election Supervisor for the International Brotherhood of Teamsters

September 18, 1998




Tom Leedham

September 18, 1998

Page 1


Tom Leedham

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


The Honorable Peter Hoekstra, Chairman

Subcommittee on Oversight and Investigation

Committee on Education and the Workforce

United States House of Representatives

2181 Rayburn House Office Building

Washington, DC XXX-XX-XXXX


Subcommittee on Oversight and Investigation

Committee on Education and the Workforce

United States House of Representatives

2181 Rayburn House Office  Building

Washington, DC 20515-610

Attn: Jon Brandt


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003

Hoffa Slate, c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW, Suite 500

Washington, DC 20036


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik, Raymond,

    Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334


Susan Sala, Editor

Daily Labor Report

c/o Bureau of National Affairs, Inc.

1231 25th Street, NW

Washington, DC 20037

Tom Leedham

September 18, 1998

Page 1


Re:  Election Office Case No.  PR-224-TLC-EOH




Tom Leedham, 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 Jon Brandt.  Mr. Brandt is a spokesman for United States Representative Peter Hoekstra, Chairman of the House Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce.  Mr. Leedham alleged that a statement made by Mr. Brandt on behalf of Representative Hoekstra attacked his candidacy  in violation of the Rules.

Tom Leedham

September 18, 1998

Page 1



The protest was investigated by Election Office Counsel David S. Paull.


On August 14, 1998, a letter was sent to the protester and the protester’s representative acknowledging receipt of the protest and requesting “all information relevant to the allegations contained in the protest.”  On September 10, 1998, a letter was delivered to the protester’s representative by facsimile requesting a written position statement and “any evidence you may have which is relevant to this matter on or before Tuesday, September 15, 1998.”   As of 5:00 p.m. September 15, 1998, the Election Officer had not received any evidence or a position statement from either the protester or the protester’s representative.


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.  Hoffa, PR-043-LU385-SCE (January 9, 1998); Pike, P-278-LU952-CLA (January 30, 1996);


For the foregoing reasons, 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.






Michael G. Cherkasky

Election Officer


cc:              Kenneth Conboy, Election Appeals Master