Protest Decisions

October 29, 1996

VIA UPS OVERNIGHT

Petition Signers

October 29, 1996

Page 1

Petition Signers

c/o James Matthew

2106 W. 68th Place

Chicago, IL 60636

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

Chester Glanton, President

Teamsters Local Union 743

300 S. Ashland Avenue

Chicago, IL 60607

Phillip John

Teamsters Local Union 743

300 S. Ashland Avenue

Chicago, IL 60607

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334

Petition Signers

October 29, 1996

Page 1

Re:  Election Office Case No. P-1037-LU743-CHI

Gentlemen:

A pre-election protest has been filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by 19 members of Local Union 743, alleging that Local Union 743 violated the Rules in the publication of the August 1996 edition of Voice of 743, the local union newspaper.   The protesters, who call themselves “Concerned Local 743 Members,” claim that the August issue was published in Detroit by staff of the Hoffa campaign.  The protesters assert that Local Union 743 President Chester Glanton gave control of Voice of 743 to Mr. Hoffa, “who is using our paper as

Petition Signers

October 29, 1996

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political propaganda designed to enhance the political prospects of Hoffa, Hogan, Glanton, Etc.”[1] 

Mr. Hoffa responds that his campaign had no involvement whatsoever in the publication of the August 1996 edition of Voice of 743.  He further asserts that the protest is “grossly untimely,” as it was filed more than 30 days after the publication of the August issue.

Regional Coordinator Julie E. Hamos investigated this protest.

Article XIV, Section 2(b) of the Rules requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.”  The short time limits are important to ensuring that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest oppportunity for applying an effective remedy if a violation is found.

The instant protest, which has a date of  “September 1996,” was received by the Election Officer on September 30, 1996.  The investigation revealed that the August issue of Voice of 743 was mailed out on September 4, 1996 and received by members from

September 9 through September 14, 1996.  The protester gives no explanation for the delay in filing and the protesters did not respond to repeated requests from the Regional Coordinator for information.

In Ruscigno, P-144-LU337-MGN (October 4, 1995), aff’d, 95 - Elec. App. - 25 (KC) (October 18, 1995), the Election Officer found the protest concerning a local union publication to be untimely, as it was filed two weeks after the publication was mailed to the local union’s membership.  Because the protester was not a member of the local union, the Election Officer stated that she would allow for a “reasonable delay” between the date of publication and the date the protester could have been expected to see the newspaper; however, she held that two weeks “exceeds the limit of this reasonable delay.”

In the instant case, the Election Officer’s investigation shows that the protesters received the publication--even assuming a later date--on September 14, 1996.  Pursuant to Ruscigno, supra, the Election Officer finds that a delay of 16 days is not reasonable under the Rules, particularly as the protesters are all members of the local union. 

For the foregoing reasons, 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

Petition Signers

October 29, 1996

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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, 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

Julie E. Hamos, Regional Coordinator