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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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