November 30, 1998
VIA FIRST CLASS MAIL
November 30, 1998
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Leedham Slate
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
Gary M. Tocci, Esq.
Schnader, Harrison, Segal & Lewis
1600 Market Street
Philadelphia, PA 19103
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Steve Pocztowski, Trustee
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Gerald Zero, Sec.-Treas.
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
November 30, 1998
Page 1
Re: Election Office Case No. PR-401-LU705-EOH
Gentlepersons:
Dane Passo, a member of Local Union 705 and a Hoffa campaign coordinator in Chicago, 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 Steve Pocztrowski, a member of and trustee for Local Union 705. The protester alleges that on November 10, 1998, Mr. Pocztrowski talked to employees during work time while campaigning on the dock at the UPS Addison hub, in violation of the Rules.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
November 30, 1998
Page 1
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. Pope, PR-342-LU210-EOH (November 16, 1998); 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).
Although afforded the opportunity to submit evidence and argument, the protester failed to provide any evidentiary support for the protest.
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
MGC:
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator