October 19, 1995
VIA UPS OVERNIGHT
James P. Hoffa
October 19, 1995
Page 1
James P. Hoffa
October 19, 1995
Page 1
James P. Hoffa 2593 Hounds Chase Troy, MI 48098
Carroll E. Haynes, President Teamsters Local Union 237 216 W. 14th Street New York, NY 10011
Ron Carey, General President International Brotherhood of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001
C. Sam Theodus, Vice President International Brotherhood of Teamsters 3150 Chester Avenue Cleveland, OH 44114
John Sullivan, Associate General Counsel International Brotherhood of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001
Nathaniel Charney Cohen, Weiss & Simon 330 W. 42nd Street New York, NY 10036 |
| Philip E. Young, President Teamsters Local Union 41 4501 Van Brunt Boulevard Kansas City, MO 64130
Frank J. Wsol, Secretary-Treasurer Teamsters Local Union 710 4217 S. Halsted Street Chicago, IL 60609
William T. Hogan, Jr., Secretary-Treasurer Teamsters Local Union 714 6815 W. Roosevelt Road Berwyn, IL 60402
Gene Giacumbo, Vice President International Brotherhood of Teamsters 15 Village Road Sea Bright, NJ 07760
Tom Sever, General Secretary-Treasurer International Brotherhood of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001
Jim Benson, Vice President International Brotherhood of Teamsters 4444 W. Northern Avenue, Suite A-2 |
|
|
|
James P. Hoffa
October 19, 1995
Page 1
Glendale, AZ 85301Diana Kilmury, Vice President International Brotherhood of Teamsters 2612 E. 47th Avenue Vancouver, BC, Canada V5S 1C1
John Riojas, Vice President International Brotherhood of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001
Richard W. Nelson, President Teamsters Local Union 886 3528 W. Reno Oklahoma City, OK 73125
Jack D. Cox, Secretary-Treasurer Teamsters Local Union 572 450 Carson Plaza Drive Carson, CA 90746
Eddie Kornegay, Trustee Teamsters Local Union 743 300 S. Ashland Avenue Chicago, IL 60607
Sergio Lopez, Secretary-Treasurer Teamsters Local Union 912 163 W. Lake Avenue Watsonville, CA 95076
Joseph Padellaro, President Teamsters Local Union 686 567 Chickering Road North Andover, MA 01845
John P. Morris, Vice President International Brotherhood of Teamsters 2833 Cottman Avenue Philadelphia, PA 19149
Tom Gilmartin, Jr., Vice President International Brotherhood of Teamsters 400 Chapel Road South Windsor, CT 06074 |
| George W. Cashman, President Teamsters Local Union 25 544 Main Street Boston, MA 02129
William F. Urman, Secretary-Treasurer Teamsters Local Union 792 3001 University Avenue, S.E. Minneapolis, MN 55414
Dennis Skelton, Vice President International Brotherhood of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001
Lorelei Anderson Teamsters Local Union 705 1645 W. Jackson Boulevard Chicago, IL 60612
Rondal C. Owens, President Teamsters Local Union 299 2741 Trumbull Avenue Detroit, MI 48216
Lon E. Fields, Sr., President Teamsters Local Union 89 3813 Taylor Boulevard Louisville, KY 40215
Ken Mee, Vice President International Brotherhood of Teamsters 1452 N. 4th Street San Jose, CA 95112
Thomas W. Leedham, Secretary-Treasurer Teamsters Local Union 206 1860 N.E. 162nd Avenue Portland, OR 97230
Ed J. Mireles, Secretary-Treasurer Teamsters Local Union 952 140 S. Marks Way |
|
|
|
Orange, CA 92668Aaron Belk, Vice President International Brotherhood of Teamsters Louisiana Avenue, N.W. Washington, DC 20001
Doug Mims, Vice President International Brotherhood of Teamsters 510 Plaza Drive, Suite 2280 Atlanta, GA 30349 |
| Louis Lacroix, Vice President International Brotherhood of Teamsters 2540 Daniel Johnson, Suite 804 Laval, Quebec, Canada H7T 2S3
Charles Thibault, Vice President International Brotherhood of Teamsters 1194 Matheson Boulevard, E. Mississauga, Ontario, Canada L4W 1Y2 |
|
|
|
James P. Hoffa
October 19, 1995
Page 1
Re: Election Office Case No. P-132-LU237-NYC
SUPPLEMENTAL DECISION
Gentlepersons:
On September 29, 1995, the Election Officer issued a decision in the above-captioned protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The Election Officer granted the protest and concluded that Questions 10-12 in a 1995 local union-financed poll conducted of the members of Local
Union 237 violated Article XII, Section 1(b) of the Rules. The Election Officer also con-cluded that the publication of the results of Questions 10-12 in the local union publication violated Article VIII, Section 8(a) of the Rules.
As part of the remedy, the Election Officer ordered as follows:
To determine the cost of the survey, Local Union 237 shall, within two (2) days of receipt of this decision and order, request from Johnson Survey, Inc., a bill representing what that company would have charged the Haynes campaign to conduct this poll among the same number of members, asking only Questions
10-12, and the questions that provided the data with which the above-named questions were cross-tabulated in the survey results provided to Local Union 237. Any cost for obtaining this invoice shall be borne by Mr. Haynes’ campaign. Local Union 237 shall, within fourteen (14) days of this decision and order, present this invoice to the Haynes campaign and to the Election Officer for approval. Thereafter, the Election Officer shall issue a Supplemental Decision determining the amount that the Haynes campaign will reimburse Local Union 237 for its campaign contribution.
James P. Hoffa
October 19, 1995
Page 1
The Election Officer has received the invoice (attached hereto as Appendix A), as directed by the Election Officer, obtained by Mr. Haynes from William G. Johnson of Johnson Survey, Inc. The invoice, which is in the form of a letter, reads, in pertinent part, as follows:
The survey instrument that we utilized in the poll that was conducted this year of Local 237 members consisted of 35 questions or parts of questions that were either asked of the respondents directly or were ascertained from the sample sheets.
The total number of questions and parts of questions in Questions 10-12 and in the cross tabs is 11. Therefore, I am enclosing an invoice to the Haynes Campaign for $3,614.29, which is 11/35ths of the total survey cost of $11,500.
The Election Officer has reviewed the letter from Mr. Johnson to Mr. Haynes and concludes that the amount represented in the invoice, $3,614.29, fairly represents what Johnson Survey would have charged the Haynes campaign to conduct this poll among the same number of members, asking only Questions 10-12, and the questions that provided the data with which the above-named questions were cross-tabulated in the survey results provided to Local
Union 237.
The Haynes campaign is therefore directed within thirty (30) days after issuance of this decision to reimburse $3,614.29 to Local Union 237. Within two (2) days of such reimbursement, the Haynes campaign will submit an affidavit to the Election Officer demonstrating compliance with this order within the 30-day time frame.
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, Esquire
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
James P. Hoffa
October 19, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above as 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
Attachment
cc: Kenneth Conboy, Election Appeals Master
Regional Coordinators