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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 6, 1998





November 6, 1998

Page 1


Eugene Maney

c/o Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


Patrick Connell

c/o Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


Gallo Slate

c/o Larry Cary, Esq.

Vladeck, Waldeman, Elias &

   Engelhard, P.C.

1501 Broadway

8th Floor

New York, NY 10036


Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334


Johnnie Brown, Trustee

Teamsters Local Union 807

32-43 49th Street

Long Island City, NY 11103


Thomas M. Kennedy, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098





November 6, 1998

Page 1


Re: Election Office Case No. PR-355-LU807-EOH




Eugene Maney and Patrick Connell, members of Local Union 807, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that the Hoffa Unity Slate misused the IBT mailing list obtained from the Election Officer.  The protesters allege that the Hoffa Unity Slate has violated Article VIII, Section 3 of the Rules by allowing the list to be used in phone bank campaigning to support candidates on the Gallo Slate in Local Union 807's officer election.


November 6, 1998

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Daniel Gallo and William Turis, who head the Rank and File Slate, deny obtaining any portion of the membership list for Local Union 807 from the Hoffa Unity Slate for use in their campaign for local union office.[1]  Messrs. Gallo and Turis further state that they have not sent any campaign mailings or made any phone calls to members of Local Union 807 in relation to their campaign for local union office.  They claim that flyers have been distributed by hand in anticipation of the nomination meeting scheduled for November 8, 1998.  Kevin Aguilar, the only member of the Rank and File Slate who has been active in the Hoffa campaign, also denies receiving any portion of the IBT membership list from the Hoffa Unity Slate.


The protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.


Article VIII, Section 3(a) of the Rules, in pertinent part, requires that accredited or nominated candidates for International office may request a copy of the membership list, subject to the following restrictions on use:


No membership list may be used for any purpose other than advancing the accredited or nominated candidate’s campaign for  nomination and/or election.  Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to advance the accredited or nominated candidate’s campaign for nomination and/or election.  


The section further prohibits the distribution of the membership list to any candidate who fails to promise by affidavit that "he/she will not use or permit use of the membership list for any purpose other than advancing that candidate's campaign for nomination and/or election and that he/she will not provide the list to nor permit inspection or copying of the list by any third parties."  The section further warns that "[a] violation of this paragraph is punishable by contempt, pursuant to the Opinion and Order of the United States District Court for the Southern District of New York (Hon. David N. Edelstein), dated August 22, 1995."


The investigation did not reveal any evidence that indicated that Mr. Hoffa or the Hoffa Unity Slate had misused the membership list in violation of the Rules to support the Rank and File Slate in its bid for local union office.[2]


November 6, 1998

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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

[1]The correct name of the slate headed by Mr. Gallo is the “Rank and File Slate.”

[2]On October 29, 1998, the protesters advised the Election Office in writing that they wished to withdraw the protest.  The investigator was informed that the protesters were seeking to withdraw the protest since their witnesses were not willing to provide corroborating testimony.  The Election Officer did not find that withdrawal would effectuate the purpose of the Rules in light of the potentially serious nature of violations of Article VIII, Section 3.