November 16, 1998
VIA FIRST CLASS MAIL
Alexandra Pope
November 16, 1998
Page 1
Alexandra Pope
87 Wildwood Avenue
Upper Montclair, NJ 07043
Angelo Martin, Sec.-Treas.
Teamsters Local Union 210
345 W. 44th Street
New York , NY 10036
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
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
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Alexandra Pope
November 16, 1998
Page 1
Re: Election Office Case No. PR-342-LU210-EOH
Gentlemen:
Alexandra Pope, a member of Local Union 851, 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 Teamsters Local Union 210 which alleges that Local Union 210 used union resources to mail pro-Hoffa literature to members of its local union and that its staff and officers distributed the leaflet to work sites which employ Local Union 210 members at the local union’s expense.
Angelo Martin, Secretary-Treasurer and the Principal Officer of Local Union 210, admits that he prepared and distributed a leaflet supporting Mr. Hoffa. He maintains, however, that he did not utilize union stationery or any other union resource to produce or to distribute it, and that he had the copies made at Copies Plus, a store operated by RLR Printing Corporation.
Alexandra Pope
November 16, 1998
Page 1
The protest was investigated by Protest Chief Mary E. Leary.
The only evidence submitted by Ms. Pope in support of his protest was a copy of two leaflets. During the investigation, Mr. Martin submitted an invoice from Copies Plus for printing costs for the flyers dated September 22, 1998 in the amount of $265.21 along with a copy of his personal canceled check to RLR Printing Corp. for that amount with a notation indicating it was a “Hoffa--Printing--Contribution”.
The investigator spoke with Business Agents Frank Perez and Ronnie Belpanno who both stated that, while they did not recall that specific flyer, they have been clearly instructed by
Mr. Martin that should they distribute campaign literature, it must be during non-working hours such as before or after work, during breaks, while on vacation, or on non-work days such as Saturday and that they adhere to those instructions.
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).
Despite a request for the information from the Election Office representative, Ms. Pope failed to provide any evidence that the leaflets were paid for by Local Union 210 or that any Local Union 210 distributed the leaflets while working. The Election Officer finds that there is insufficient evidence to establish that Local Union 210 used union resources to prepare the leaflet or that Local Union 210 employees or officers distributed the leaflet while working.
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
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
Alexandra Pope
November 16, 1998
Page 1
(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