September 18, 1998
VIA FIRST-CLASS MAIL
Ken Mee
September 18, 1998
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
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
Ken Mee
September 18, 1998
Page 1
Re: Election Office Case No. PR-258-JHS-EOH
Gentlemen:
Ken Mee, a member of Local Union 287 and a candidate for Western Region vice - 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 the Hoffa Unity Slate. Mr. Mee filed this protest on August 18, 1998, alleging that the Hoffa Slate planned a campaign rally on IBT headquarters property on September 1, 1998 and that such a rally would violate the Rules because 1) the IBT would be conducting official business that day; and 2) such a rally could be perceived as an IBT endorsement of Mr. Hoffa. Mr. Mee urged the Election Officer to prevent the rally from taking place. In a letter subsequent to the rally, Mr. Mee contended that when “the Hoffa folks rallied in front of our building – they broke an irreplaceable lock on the doors” and “did substantial damage to the windows and weather stripping.” Mr. Mee contends the amount of that damage was $4,000 and that the Election Officer should order the Hoffa Slate to post a bond in that amount until it can be determined if there is damage from the September 1, 1998 rally.
Mr. Hoffa and the Hoffa Slate respond that the September 1 demonstration was permissible under the Rules and that the protest should be denied.
This protest was investigated by Deputy Election Officer Benetta M. Mansfield.
Ken Mee
September 18, 1998
Page 1
On September 1, 1998, a date on which the IBT General Executive Board was meeting to consider whether it would offer any funding to the Election Office for the Rerun Election, the Hoffa Slate held a rally in front of the IBT headquarters building in Washington, DC. There is no evidence that the rally was not peaceful or that there was any damage to the building.
Article VIII, Section 11(a) of the Rules states the following:
All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, [and] to aid or campaign for any candidate. . . . This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
The IBT is a meeting hall where the General Executive Board meetings are held. There is no question that Hoffa supporters have the right under the Rules to campaign outside the building. Therefore, Mr. Mee’s contentions are without merit.
Additionally, Mr. Mee’s contention that the Hoffa Campaign should post a bond is also without merit. The IBT has stated that there is no damage as a result of the demonstation.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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
Ken Mee
September 18, 1998
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, 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
cc: Kenneth Conboy, Election Appeals Master