July 28, 1995
VIA UPS OVERNIGHT
Gene Giacumbo Ron Carey, President
15 Village Road International Brotherhood of Teamsters
Sea Bright, NJ 07760 25 Louisiana Ave, N.W.
Washington, D.C. 20001
General Executive Board John J. Sullivan
International Brotherhood of Teamsters Associate General Counsel
25 Louisiana Ave., N.W. International Brotherhood of Teamsters
Washington, D. C. 20001 25 Louisiana Ave., N.W.
Washington, D.C. 20001
Independent Review Board Independent Review Board
Frederick B. Lacey Grant Crandall, Esq.
444 N. Capitol St., N.W. 444 N. Capitol St, N. W.
Washington, D.C. 20001 Washington, D.C. 20001
Independent Review Board
William H. Webster
444 N. Capitol St., N.W.
Washington, D.C. 20001
Re: Election Office Case No. P-099-IBT-PNJ
Gentlepersons:
This protest was filed pursuant to Article XIV, Section 2 of the Rules for the 1995-96
IBT International Union Delegate and Officer Election (“Rules”) by Gene Giacumbo, a vice-president of the IBT. The protest alleges General President Carey and his supporters have received employer contributions from the Independent Review Board because the Independent Review Board cleared Mr. Carey of corruption charges, while applying more severe standards to those “who have been identified as non-Carey partisans.”
The protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Gene Giacumbo
July 28, 1995
Page 2
The Independent Review Board is an independent body set up pursuant to the Consent Order in U.S. v. Int’l Bhd. of Teamsters, 88 CIV. 4486 (DNE) (S.D. N.Y.) (March 14, 1989). The members of the Independent Review Board took an oath of office before Federal District Court Judge Edelstein and act as officers of the court. The conduct of this body in their official capacity pursuant to the Consent Order does not constitute prohibited employer conduct under the Rules.
Therefore, this 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. Request for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above a 0s well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth B. Conboy
Peter V. Marks Sr., Regional Coordinator