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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 16, 1998




Joseph Allen

November 16, 1998

Page 1


Joseph Allen

1852 S. Allport, Apt. 3

Chicago, IL 60608


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


Dane Passo

6811 West Roosevelt Road

Berwyn, IL 60402


Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334


C. Thomas Keegel

2433 Wight Bay

Brooklyn Park, MN 55443

Joseph Allen

November 16, 1998

Page 1


Re: Election Office Case No. PR-327-LU705-NCE




Joseph Allen, a member of Local Union 705, 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 Dane Passo, a member of Local Union 705 and a Hoffa campaign coordinator in Chicago, and James P. Hoffa, a candidate for general president. 

Joseph Allen

November 16, 1998

Page 1


Mr. Allen alleges that on October 6, 1998, within the hearing of Mr. Hoffa, Mr. Passo stated to the protester, When we taken over this union, were going to get rid of people like you.   The protester claims this remark was retaliatory in violation of the Rules, due to the protesters support of Tom Leedham, an opposing candidate for general president.


Mr. Passo denies making the statement.  Mr. Passo stated that he blocked the protester from Mr. Hoffa and stated to the protester, Its people like you that are ruining this union.  Mr. Hoffa denies the contentions and states that the protester tried to run into Mr. Hoffa on or about October 6, 1998, and then had to be physically removed by supporters of Mr. Leedham because he was so out of control.


This protest was investigated by Regional Coordinator Judith E. Kuhn.


On September 28, 1998, the protester and other supporters of Mr. Leedham were in front of a United Parcel Service (“UPS”) facility in Chicago campaigning for Mr. Leedham.  They were there for about thirty minutes, when Mr. Passo arrived with Mr. Hoffa and Bill Hogan.  The protester contends that Mr. Passo came up to him to start an argument.  The protester alleges

Mr. Passo stated, “Who are you to tell people how to run this union?  You don’t know anything about this union.  You’ve only been here for six months.”  A heated exchange ensued.  Later

Mr. Passo stated, “when we take over the union, we’re going to get rid of people like you.”   The protester states that several people heard the conversation, including Messrs. Hoffa and Hogan who were nearby. There was no physical contact.


The protester provided two witnesses.  Both witnesses basically corroborate the  protester’s version of the events that Mr. Passo told the protester that “if Hoffa wins the election, he was going to get rid of stewards like him,” or “If [Passo] got into office, he was going to get rid of people like Allen in Local 705.” 


Article VIII, Section 11(f) of the Rules states:


Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.


The Election Officer has previously stated that conduct is not retaliatory unless it “embodies a palpable threat of actual harm.”  Blake, P-785-LU630-CLA (June 19, 1996).  See also Dunn, P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995); Kelly, P-600-LU705-CHI et seq. (March 27, 1991); Schweitzer, P-672-LU896-CLA (March 25, 1991), aff’d, 91 - Elec. App. - 118 (SA) (April 31, 1991); In Re: Sullivan, 95 - Elec. App. - 2 (KC) (July 14, 1995).



Joseph Allen

November 16, 1998

Page 1


While the Election Officer credits the corroborated statements of the protester that

Mr. Passo stated he would get rid of people like him, Mr. Passo’s statement is ambiguous and he is not in a position to take such actions.  Mr. Passo made no physical threat to Mr. Allen.  It is unfortunate that Mr. Passo would make such a remark in the context of an election race.  However, the circumstances here do not trigger the protection of the Rules because it does not amount to retaliation under the Rules.


The protester denies ever having threatened or “rushed” Mr. Hoffa.  Mr. Hoffa presented no witnesses to support this claim.


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, 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

Judith E. Kuhn, Regional Coordinator