October 28, 1996
VIA UPS OVERNIGHT
Charles Hoffman
October 28, 1996
Page 1
Charles Hoffman
21 Edsall Lane
Pine Island, NY 10969
Whitehall Business Archives
511 25th Street
New York, NY 10001
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Charles Hoffman
October 28, 1996
Page 1
Re: Election Office Case No. P-1050-LU817-NYC
Gentlemen:
Charles Hoffman, a member of Local Union 817, 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”) alleging that he saw a Carey bumper sticker on the front door of an employer’s premises.
The employer responds that it removed the sticker as soon as it was discovered.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Mr. Hoffman states that he saw a Carey campaign sticker on the outside of the front door of Whitehall Business Archives (“Whitehall”) in New York City on October 2, 1996 at approximately 10 a.m. Mr. Hoffman took two photographs and filed a protest. Both photographs show the outside of Whitehall’s front door, on which is a Carey slate ’96 bumper sticker above the street address number. One photograph shows the front door and includes the awning above the door.
The employer states that as soon as it saw the sticker, it was removed. Whitehall employs several Teamsters.
Charles Hoffman
October 28, 1996
Page 1
The investigation did not disclose the identity of the person or persons who put the campaign material on the outside of Whitehall’s door. In Willett, P-863-LU331-PNJ (August 16, 1996), the Election Officer found that affixing campaign bumper stickers to the exterior of a local union hall was vandalism. In that matter, as in this one, the material was removed immediately. Immediate removal ends any potential impact of the improper campaigning.
In view of the unknown identity of the vandal in this matter, and in view of Whitehall’s prompt action in removing the sticker, 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, 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
Barbara C. Deinhardt, New York City Protest Coordinator