December 14, 1998
VIA FIRST CLASS MAIL
T.N. Tyler
December 14, 1998
Page 1
T.N. Tyler
1815 Haversley Avenue
Coquitlam, BC V3J 1W2
CANADA
Don McGill, Sec.-Treas.
Teamsters Local Union 213
490 East Broadway
Vancouver, BC V5T 1X3
CANADA
Garnet Zimmerman, President
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
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
Louis Lacroix Team Canada Slate
c/o Ron Douglas
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
CANADA
T.N. Tyler
December 14, 1998
Page 1
Re: Election Office Case No. PR-430-LU31-EOH
Gentlemen:
T. N. Tyler, a member of Local Union 31, 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 Don McGill, secretary-treasurer of Local Union 213 and Garnet Zimmerman, president of Local Union 31 and a candidate for Canadian vice-president on the Hoffa Unity Slate. (“Hoffa Slate”) The protester alleges that on November 7, 1998,
T.N. Tyler
December 14, 1998
Page 1
Mr. McGill allowed Mr. Zimmerman to make a campaign speech at the conclusion of an education seminar for shop stewards of Local Union 213 that was held at the Villa Hotel in Burnaby, British Columbia. The protester contends that the Rules were violated since the seminar was an official union meeting and Mr. McGill did not notify the candidates on the Louis Lacroix Team Canada Slate of the opportunity to address the shop stewards in a similar manner at the seminar. The protester claims that Mr. Zimmerman paid a portion of the rental fee.
The protester alleges that at the beginning of the seminar, Mr. McGill made remarks about the importance of voting in the International Officer Rerun Election while wearing a Hoffa jacket. The protester contends that in light of Mr. McGill’s position as principal officer of the local union, the stewards in attendance could not help but conclude that Mr. McGill was urging the stewards as well as their fellow members to support Mr. Zimmerman and the Hoffa Slate. The protester also alleges that other paid staff of Local Union 213 wore Hoffa jackets and distributed campaign literature in support of Mr. Zimmerman and the Hoffa Slate at the seminar.
The protester advises the Election Officer that he wishes to withdraw the protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, 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 (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