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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 24, 1998




David Holley

November 24, 1998

Page 1


David Holley

562 Vanderbilt Drive

New Lenox, IL 60451


John McCormick

6574 O’Hare Street

Portage, IN 46368


Bob Cummings, Steward

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612


Tom McMahon, Steward

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612


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

Gerald Zero, Sec.-Treas.

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612


Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036


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

David Holley

November 24, 1998

Page 1


Re: Election Office Case No. PR-394-LU705-NCE




David Holley, a member of Local 705, filed a pre-election protest pursuant to

David Holley

November 24, 1998

Page 1


Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against John McCormick, President of Local 705, Tom McMahon and Bob Cummings, stewards for Local 705 at Airborne Express and Airborne Express.   The protester alleges that Airborne Express allowed John McCormick, Tom McMahon and Bob Cummings to campaign inside the Airborne Express facility in Lisle, Illinois for an hour, talking to employees who were on working time, and that the stewards intimidated employees by telling them how to vote.


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


On November 6, 1998, before 8:00 a.m., candidate and Local Union 705 President John McCormick and two stewards were campaigning outside the Airborne Services facility. At 8:00 a.m., they put their literature away and went into the facility to talk to the members on non-campaign issues.  One or more of them may have had campaign buttons on, but they all deny handing out any literature or doing any other campaigning while inside the facility. Their testimony is corroborated by Airborne Terminal Manager Greg Kogut, who stated that he firmly advised the stewards that there was to be no campaigning inside the facility and that he saw no evidence of distribution of literature or other campaigning while they were inside the facility. The protester did not see or hear them campaigning inside the facility and presented no evidence to otherwise support his allegation that they were campaigning, handing out literature, pressuring or intimidating people.


As there is no evidence to support the protest,  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

(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