November 13, 1998
VIA FIRST CLASS MAIL
Miguel Gomez
November 13, 1998
Page 1
Miguel Gomez
P.O. Box 1237
Bothell, WA 98041
Jon Rabine, President
Teamsters Joint Council 28
553 John Street
Seattle, WA 98109
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
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
Miguel Gomez
November 13, 1998
Page 1
Re: Election Office Case No. PR-362-LU174-EOH
Gentlemen:
Miguel Gomez, a member of Local Union 174, 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 and Jon Rabine, a candidate for Western region vice-president on the Hoffa Unity Slate. The protester alleges that the Hoffa Unity Slate and Mr. Rabine improperly obtained names and telephone numbers of members who have been called by the campaign’s phone banking operation.
The protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
Miguel Gomez
November 13, 1998
Page 1
The investigation revealed that Mr. Rabine obtained the names and telephone numbers of members who were called in its phone banking operation from the Hoffa Unity Slate. The Hoffa campaign received a membership list of all active members for use solely in relation to the rerun election from the Election Officer in accordance with Article VIII, Section 3 of the Rules. Although the list provided to the Hoffa campaign did not contain telephone numbers, the Hoffa campaign retained the services of a firm to provide telephone numbers for the members on the list. Other candidates have received membership lists from the Election Officer and obtained telephone numbers for members in a similar fashion for phone banking operations. Procuring telephone numbers of members in this manner for phone banking operations does not violate the Rules.
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.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master