April 22, 1996
VIA UPS OVERNIGHT
James Hoffa
April 22, 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
Jim Benson, Vice President
International Brotherhood of Teamsters
4444 W. Northern Avenue, Suite A2
Glendale, AZ 85301
Ken Mee, Vice President
International Brotherhood of Teamsters
1452 N. 4th Street
San Jose, CA 95112
Eddie Mireles
140 S. Marks Way
Orange, CA 92668
Jack Cox
450 Carson Plaza Drive
Carson, CA 90746
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Dave Hawley, Secretary-Treasurer
Teamsters Local Union 137
3540 S. Market Street
Redding, CA 96001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James Hoffa
April 22, 1996
Page 1
Re: Election Office Case No. P-431-IBT-SCE
Gentlepersons:
James Hoffa
April 22, 1996
Page 1
James P. Hoffa, candidate for general president, 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 General President Ron Carey, International Vice Presidents Jim Benson and Ken Mee, Jack Cox and Eddie Mireles, two members of the Carey slate of candidates for International vice president, Local Union 137 Secretary-Treasurer Randy Cammack and Local Union 63 Secretary-Treasurer Dave Hawley. The protester alleges that Mr. Carey and the other charged parties violated the Rules by campaigning at local union meetings in California in January 1996 on union time and at union expense. Additionally, the protester complains that IBT staff campaigned at work sites of union members in California on or about the same time.
The IBT responds that Mr. Carey’s presentations involved matters of interest and concern to the membership. The IBT states that Mr. Carey is entitled to campaign on behalf of issues and candidates supported by the union in the upcoming November presidential elections. The IBT also states that IBT staff leafleted at work sites in California to publicize Mr. Carey’s visits to the California unions.
Regional Coordinator Bruce Boyens investigated the protest.
The protester charged that Mr. Carey campaigned on January 30, 1996 at a meeting of Local Union 137 held in Redding, California, and on the following day at the Local Union 63 union hall in Rialto, California. However, the protester supplied no witness to either meeting, no evidence as to the contents of Mr. Carey’s remarks there, and no evidence that any IBT staff campaigned in California.
The protester has the initial burden of proof to offer evidence substantiating his allegations. In Re: Chentnik, 95 - Elec. App. - 52 (January 10, 1996). The IBT has provided to the Election Office “talking points” that the union states Mr. Carey used at his appearance before members of Local Union 63. These points do not include campaigning. The points cover matters such as corporate greed and the need for working people to make their voices heard by strengthening the union. See Hoffa, P-315-IBT-SCE (April 17, 1996) aff’d,
96 - Elec. App. - 119 (KC) (finding no campaigning in Mr. Carey’s speech about attacks by employers and Congress on working people and the need for a unified response from the union).
In the absence of any evidence that Mr. Carey campaigned at the union meetings in California as alleged, the 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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
James Hoffa
April 22, 1996
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 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
Bruce Boyens, Regional Coordinator