November 26, 1996
VIA UPS OVERNIGHT
James P. Hoffa
November 26, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Nathaniel K. Charny
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
James P. Hoffa
November 26, 1996
Page 1
Re: Election Office Case No. P-1275-LU500-NYC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules
for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by James P. Hoffa, a member of Local Union 614 and a candidate for general president.
Mr. Hoffa alleges that Ed Kaiser and Bill O’Farrell, members of Local Union 500 and supporters of Mr. Hoffa’s candidacy, received “vile and threatening” phone calls at their homes. Mr. Hoffa contends that these calls were made to retaliate against Messrs. Kaiser
and O’Farrell because of their support for his candidacy, in violation of the Rules.
Local Union 500 responds that it has investigated these allegations and has not been able to discover who made such calls. The local union also states that Mr. Kaiser just ran for reelection to local union office, supported by Mr. O’Farrell, and the contest was contentious.
New York City Protest Coordinator Barbara C. Deinhardt investigated the protest.
James P. Hoffa
November 26, 1996
Page 1
The investigation revealed that the anonymous calls, which are both threatening and obscene, began on or around November 16, 1996 and apparently ceased on November 21. These calls, while explicit and disturbing, make no mention of the union, the election or any candidate or slate. The calls have been reported to the police, who have been unable to locate the source.
Messrs. Kaiser and O’Farrell state that they believe John P. Morris, president of the Pennsylvania Conference of Teamsters and a candidate for vice president of the Eastern Region on the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”), is involved with the making of these calls because the only thing they have in common is that both have been principal officer of Local Union 500 and both have had ongoing difficulties with
Mr. Morris. They provided no evidence to support the assertion that Mr. Morris is somehow involved, nor did the investigation produce any evidence to support the contention. As a result, without some indication of the origin of the calls, or evidence that they are politically-motivated, there is insufficient evidence to determine a violation of the Rules.
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
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
Barbara C. Deinhardt, New York City Protest Coordinator