Protest Decisions

              November 26, 1996

VIA UPS OVERNIGHT

Dave Carter

November 26, 1996

Page 1

Dave Carter

4049 Groveport Road

Obetz, OH  43207

John Mozena, Labor Relations Manager

Consolidated Freightways

2615 Breckszille Road

Cleveland, OH  44286

William Wright, President

Teamsters Local Union 100

2100 Oak Road

Cincinnati, OH  45241

Arthur Hackworth

Consolidated Freightways

175 Linfeld Drive

Menlo Park, CA  94025

Richard Brook

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

Dave Carter

November 26, 1996

Page 1

Re:  Election Office Case No. P-1160-LU413-CLE

Gentlemen:

Dave Carter, a member of Local Union 413, 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 CF Motor Freight (“CF”), John Mozena, a regional labor relations manager at CF, and the Hoffa campaign.  Mr. Carter contends that on October 30, 1996, Mr. Mozena was on the premises of Local Union 100 wearing a Hoffa hat and shirt, representing a prohibited employer contribution by Mr. Mozena and CF.

Mr. Mozena denies the alleged conduct.  He states that he did not wear a Hoffa hat or shirt on October 30 and he was not at Local Union 100’s office.

This protest was investigated by Regional Coordinator Joyce Goldstein.

Dave Carter

November 26, 1996

Page 1

Mr. Mozena states that on October 30, 1996, he was in the Cincinnati area between

7:30 a.m. and 2:30 p.m., but was never within five miles of Local Union 100’s office. 

Mr. Mozena gave a detailed description of his meetings on that day, which were corroborated

by Dispatch Operations Manager Keith Johnson. The investigator found the detailed recollections of Messrs. Mozena and Johnson to be credible.

Mr. Carter states that he was in Cincinnati on October 30 to speak with Local Union 100 President William Wright.  Mr. Carter states that at approximately noon, he saw an individual enter the Local Union 100 waiting area wearing a Hoffa hat and shirt.  Mr. Carter admits that he could not see the person’s face or hair color.  Mr. Carter states, however, as this person was walking toward the door, he saw his eyes for three or four seconds from four or five feet away.  Based on this observation, Mr. Carter states that the individual was Mr. Mozena, although he admits he had not seen Mr. Mozena for about a year.[1]  After seeing this individual, Mr. Carter asked Mr. Wright if Mr. Mozena had been at the local union office that day and Mr. Wright said no.

While it is a violation of the Rules for employers to contribute to International officer campaigns, the Election Officer finds that based on the evidence here, such a contribution cannot be sustained.  Based on the statements of Messrs. Mozena and Johnson, and the statement of

Mr. Wright to Mr. Carter that Mr. Mozena was not at the local union office on October 30, the Election Officer finds that the conduct alleged did not occur.

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

Dave Carter

November 26, 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

Joyce Goldstein, Regional Coordinator