April 17, 1996
VIA UPS OVERNIGHT
Curt Ostrander
April 17, 1996
Page 1
Curt Ostrander
22 Glencoe Street
Springfield, MA 01104
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
William J. Whelan, President
Teamsters Local Union 584
265 W. 14th Street, Room 1001
New York, NY 10011
Curt Ostrander
April 17, 1996
Page 1
Re: Election Office Case No. P-477-LU559-ENG
Gentlemen:
Curt Ostrander, a member of Local Union 559, 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”). The protester alleges that James P. Hoffa, candidate for general president, violated the Rules by campaigning in New York City on February 11 through 14, 1996 on union time and accepting an unlawful employer contribution from Caroline’s Comedy Club in New York City in order to hold a benefit there on February 12, 1996. The protester also alleges that Local Union 584 and its principal officer, William J. Whelan, discriminated in favor of Mr. Hoffa, in violation of the Rules, by holding a press conference for him in the Local Union 584 hall on February 12, 1996 and arranging a meeting between him and union members at their workplace.
Mr. Hoffa responds that the protest is untimely. As to the merits, Mr. Hoffa denies that he was campaigning on union time on the days in question. He states that all of his travel expenses in connection with his trip to New York City February 11 through 13, 1996 were paid for by his campaign and that he took vacation time to be in New York City on
Curt Ostrander
April 17, 1996
Page 1
February 12 and 13, 1996. Mr. Hoffa denies that he accepted a campaign contribution from Caroline’s Comedy Club. He states that his campaign paid the club its customary rate for use of its facilities on February 13, 1996. Mr. Hoffa denies that he appeared in the offices of Local Union 584 on February 12, 1996 for a press conference. Further, he denies that he used union resources for the campaign activities he engaged in on February 12, 1996.
Mr. Whelan denies that Mr. Hoffa held a press conference at the Local Union 584 hall. He admits that Mr. Hoffa visited with Local Union 584 members at Sunnydale Farms Dairy in Brooklyn, New York on February 12, 1996.
Regional Coordinator Bruce Boyens investigated the protest.
Although Mr. Ostrander contends that his protest concerns campaign activity by
Mr. Hoffa in New York City occurring from February 11 through 14, 1996, the activity by Mr. Hoffa complained about in this protest took place on February 11 through 13, 1996. The protester filed the protest by telecopy received in the Election Office on February 16, 1996. When questioned about the timeliness of his protest, Mr. Ostrander was unable to account for the delay.
Article XIV, Section 2(b) of the Rules requires a protester to file a pre-election protest “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested, or such protest shall be waived.” The protest was not filed within the time limits specified in the Rules. Therefore, the protest is untimely.
Accordingly, 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
Curt Ostrander
April 17, 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
Arthur A. Wasserman, Regional Coordinator