April 29, 1996
VIA UPS OVERNIGHT
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Rondal C. Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Re: Election Office Case No. P-741-LU299-MGN
Gentlemen:
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 Rondal C. Owens, a candidate for delegate in the Local Union 299 delegate election and a candidate for International vice president on the
Ron Carey slate. The protester alleges that Mr. Owens interfered with the right to vote of James Clark, a member of Local Union 299, by voting Mr. Clark’s ballot in the Local
Union 299 delegate election.
Regional Coordinator William A. Wertheimer investigated the protest.
On Thursday, April 18, 1996, Bill Kehrer, Cheryl Putz and Larry Baldwin, candidates on the Hoffa/No Dues Increase slate from Local Union 299, campaigned at DRDC, a company located in Melvindale, Michigan, whose employees are represented by Local Union 299. While campaigning at the plant gate, the candidates encountered Mr. Clark, who was wearing a Carey campaign button.
James Hoffa
April 29, 1996
Page 1
Mr. Baldwin’s account of the conversation with Mr. Clark differs from the account given by Mr. Kehrer and Ms. Putz. Mr. Kehrer and Ms. Putz state that as Mr. Clark walked towards the gate, Mr. Baldwin asked Mr. Clark if he had voted. Mr. Clark replied that he had voted and that he handed his ballot to Mr. Owens personally.
Mr. Baldwin states that he asked Mr. Clark whether he had gotten a ballot and that Clark replied that he had. Mr. Baldwin asked Mr. Clark whether he had returned the ballot and Clark said “No, I handed it personally to Mr. Owens.” Mr. Baldwin said that he told
Mr. Clark that he was “not allowed to do that.” Mr. Baldwin states that Mr. Clark replied, “I knew you would say that.”
Mr. Clark denies that he said that he had given his ballot to Mr. Owens. He contends that previously there had been a series of interchanges between Mr. Baldwin and himself about the elections and that Mr. Baldwin knows that Mr. Clark is a supporter of Mr. Owens and Mr. Clark’s father is an IBT International representative and a Carey supporter.
Mr. Clark states that on his way into the plant, he saw three people campaigning in the parking lot. Mr. Baldwin yelled to him, asking if he had voted his ballot. Mr. Clark responded that he had not marked the ballot yet. Mr. Baldwin asked, “Are you going to vote for the right slate?” Mr. Clark replied, “The Owens delegate slate.” Mr. Clark states that Mr. Baldwin said something else that he could not recall, but remembers that he said it with an attitude. Mr. Clark said, “I’m going to mark my ballot for the Owens slate.”
Article III, Section 2 of the Rules provides:
No person or entity shall limit or interfere with the right of any IBT member to vote, including, but not necessarily limited to, the right to independently determine how to cast his/her vote, the right to mark his/her vote in secret and the right to mail the ballot himself/herself. No person or entity may encourage or require an IBT member to mark his/her ballot in the presence of another person or to give his/her ballot to any person or entity for marking or mailing. Any violation of this rule may result in disqualification of a candidate who benefits from the violation, in imposition of criminal penalties under federal law and/or in other consequence or remedy. The instructions for balloting included in ballot packages shall contain these prohibitions and shall urge members to promptly vote and return their ballots.
The Election Officer regards a violation of the prohibitions on interference with voting in Article III, Section 2 to be a serious violation of the Rules.
James Hoffa
April 29, 1996
Page 1
Mr. Clark and Mr. Owens deny that Mr. Clark gave his ballot to Mr. Owens or that he permitted Mr. Owens to cast his ballot. There is no evidence that Mr. Owens had possession of Mr. Clark’s ballot or cast his ballot. There is no question that a verbal interchange concerning Mr. Clark’s support of Mr. Owens occurred. The differing versions of Mr. Clark’s specific remarks may very well be the result of a misunderstanding. Based upon the investigation, the Election Officer finds that Mr. Clark did not give his ballot to Mr. Owens and there is no evidence that ballot collection has taken place as alleged in the protest.
Therefore, 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
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, 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
William A. Wertheimer, Regional Coordinator