November 25, 1998
VIA FIRST CLASS MAIL
Michael Kapsa
November 25, 1998
Page 1
Michael Kapsa
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
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
Michael Kapsa
November 25, 1998
Page 1
Re: Election Office Case No. PR-364-JHS-EOH
Gentlemen:
Michael Kapsa, a representative for the Tom Leedham Rank & File Power Slate, 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. The protester alleged that the Hoffa Unity Slate violated the Rules by failing to file a complete Campaign Contribution and Expenditure Report (“CCER”) No. 12 for the period of October 1, 1998, through October 28, 1998. Specifically, the protester alleged that the Hoffa Unity Slate failed to include the Addendum No. 2 in their CCER No. 12 which reported anticipated campaign expenditures.
The Hoffa Slate admitted that it failed to file its Addendum No. 2 with its CCER No. 12. It has since filed amendments to its CCER No. 12 and exchanged the amendments with other slates and independent candidates, including the Leedham Slate.
Michael Kapsa
November 25, 1998
Page 1
Upon receipt of the Hoffa Slate’s amendments to its CCER No. 12, the protester decided to withdraw the protest. Given that the Hoffa Slate has complied with the Rules, the Election Officer finds that the withdrawal effectuates the purpose of the Rules and permits the protest to be WITHDRAWN.
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, 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
MGC:ss
cc: Kenneth Conboy, Election Appeals Master