February 13, 1996
VIA UPS OVERNIGHT
James P. Hoffa
February 13, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John J. Sullivan, Assoc. General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Teamster Magazine
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
February 13, 1996
Page 1
Re: Election Office Case No. P-405-IBT-EOH
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
James P. Hoffa, a candidate for general president. Mr. Hoffa alleges that General President Ron Carey and the IBT Communications Department have deliberately delayed the publication and mailing schedule of the March issue of Teamster magazine, which contains campaign material for Mr. Hoffa’s candidacy. Mr. Hoffa protests that the magazine will not reach a majority of IBT members prior to their voting in local union delegate elections. The protester alleges that the date of delivery of the March issue violates the intent of Article VIII,
Section 10 of the Rules, which he states is to “impact membership decisions on delegate elections that begin on February 20, 1996.”
In response, the IBT states that the 1996 publication and mailing schedule for Teamster was subject to the approval of the Election Officer. The March magazine’s home delivery date is set under this approved schedule.
James P. Hoffa
February 13, 1996
Page 1
Article VIII, Section 10 of the Rules guarantees the right of candidates for International office accredited by the Election Officer to publish campaign materials in the October/
November 1995 and March 1996 issues of Teamster. This provides International Officer candidates with an economical way of bringing their message to IBT members. The Cookbook: How the Election Officer Supervised the 1991 Teamster Election, Vol. III,
p. 11-2.
The 1995 and 1996 publication schedules for the relevant issues of Teamster magazine were the subject of discussions between the IBT and the Election Officer. The Election Officer approved the 1996 proposed publication schedule in November 1995.
The March issue of Teamster is scheduled to reach IBT members as early as March 6, but no later than March 12, 1996. These dates are in accordance with the approved schedule.
The March issue of Teamster is currently in production and on schedule. There was no attempt nor decision by the IBT to delay the publication or delivery date for the March 1996 issue. The protester has failed to substantiate that Mr. Carey or any individual in the IBT’s Communications Department has interfered with the schedule as approved by the Election Officer. In consideration of the foregoing, Mr. Hoffa’s 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. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham and 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, 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: Kenneth Conboy, Election Appeals Master
James P. Hoffa
February 13, 1996
Page 1