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Office of the Election Supervisor for the International Brotherhood of Teamsters

September 10, 1998





Robert H. Spearman              Ed J. Mireles

121 Bybee Drive, D-13              1208 S. Kings Court

McMinnville, TN 37110              Anaheim, CA 92801


Aaron Belk              Tom Leedham Slate

6502 Poplar Corner              c/o Tom Leedham Campaign

Walls, MS               Office

P.O. Box 15877

George W. Cashman              Washington, DC 20003

15 Willow Street

Woburn, MA 01801              Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Kenneth L. Hollowell              Baptiste Wilder

15336 Robson Road              1150 Connecticut Avenue, NW

Detroit, MI 48216              Suite 500

Washington, DC 20036



Re: Election Office Case PR-261-RHS-EOH




Robert H. Spearman, a candidate for at-large 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”).  The protester alleged that he received no Campaign Contribution and Expenditure Reports (“CCERs”) from any candidates or slates up through and including CCER No. 8.


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


Under the Advisory on Campaign Contributions and Disclosure (Revised November, 1997) (“Advisory”), candidates and slates must exchange their CCERs with other slates and independent candidates.  Advisory, VII.  Individual candidates who belong to a slate do not receive CCERs directly; their slate receives service for all members of the slate.  Id.  The Election Office was to provide the slates and candidates with a list of candidate and slate representative names for purposes of the exchange.  Id


In the rerun election, Mr. Spearman originally was part of the Stand Up Slate.  As such, the exchanged CCERs went to Slate representative Jeraldine Cheatem. 


Due to changes in the field of candidates and slate affiliations following the supplemental nomination process, the Election Office sent out memoranda in June, July and August supplying the slates and candidates with a list of who should receive CCER reports.  On the June and July memoranda, which concerned CCERs Nos. 7 and 8 respectively, the Election Officer notified the other slates and candidates that Ms. Cheatem was the representative for Mr. Spearman for the service of CCERs.  Prior to release of these memoranda, the Election Office confirmed this information with Ms. Cheatem.  Mr. Spearman separately notified the Election Office on July 27, 1998, that Ms. Cheatem was his representative and all his correspondence should be directed to her.  After CCER No. 8 was due, Mr. Spearman advised Ms. Deak that Ms. Cheatem is no longer his representative.


This protest is completely without merit.  Mr. Spearman did not initially receive CCERs because he was part of a slate, and the CCERs were served on the slate representative. There is no question that all slates and candidates listed in Mr. Spearman’s protest properly sent their CCERs to Ms. Cheatem for service on Mr. Spearman. 


The Election Officer notes that the investigation of this protest used precious staff resources, and although it is completely without foundation, Mr. Spearman refused to withdraw it.  Future such protests will not be logged by the Election Office as they do not allege a Rules violation.


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.

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