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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 30, 1998





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




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.






Michael G. Cherkasky

Election Officer







cc:               Kenneth Conboy, Election Appeals Master

Judith E. Kuhn, Regional Coordinator