December 4, 1996
VIA UPS OVERNIGHT
Hugh Thompson
December 4, 1996
Page 1
Hugh Thompson, International Representative
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Mike Wellman, Secretary-Treasurer
Teamsters Local Union 413
555 E. Rich Street
Columbus, OH 43215
Jimmy Duff, President
Teamsters Local Union 413
555 E. Rich Street
Columbus, OH 43215
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
James Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Hugh Thompson
December 4, 1996
Page 1
Re: Election Office Case No. P-1295-LU413-NYC
Gentlemen:
Hugh Thompson
December 4, 1996
Page 1
Hugh Thompson, a member of Local Union 600 and an International representative, 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 Local Union 413 violated the Election Officer’s advisory on Convention expenses by spending approximately $16,000 to send five delegates and three alternates to the Convention, and $10,000 to send two “guests” to the Convention. Mr. Thompson further alleges that the guests, Local Union 413 President Jimmy Duff and Local Union 413 Secretary-Treasurer Mike Wellman, have made financial contributions to the campaign of James P. Hoffa and members of his slate, and alleges that their campaign contributions were improperly underwritten by the excessive reimbursement of Convention expenses that was made to Messrs. Duff and Wellman.
Local Union 413 responds that Mr. Thompson has failed to file his protest in a timely manner. Notwithstanding the untimeliness of the protest, Local Union 413 denies that it reimbursed Messrs. Duff and Wellman a total of approximately $10,000. It contends that Messrs. Duff and Wellman were reimbursed less than $2,000 each.
Counsel for Mr. Hoffa and the Hoffa campaign responds that neither Mr. Hoffa nor his campaign has any information or knowledge of the facts alleged in this protest. Counsel further responds that the filing of the protest appears to be untimely.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Article XIV, Section 2(b) of the Rules provides that with certain limited exceptions, all pre-election protests “must be filed within two (2) working days of day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.” The Election Officer finds that Mr. Thompson failed to file this protest in a timely manner and, therefore, waives his right to protest, under the Rules.
Mr. Thompson filed this protest on November 22. Upon investigation, the Election Officer finds that the subject of the reimbursement of Convention expenses was raised at the monthly meeting of Local Union 413 held on October 15, and that the subject was again raised at the monthly meeting held on November 16. The Election Officer finds that Mr. Thompson had the opportunity to become aware of the alleged violation as early as the October 15 meeting. However, even if he did not become aware of it until the November 16 meeting, he still failed to file his protest until November 22, which was five working days after the second time the protested reimbursement was discussed at a local union meeting.
In view of the fact that this protest involves the reimbursement of Convention expenses and that the subject of the protested reimbursement was raised at local union meetings held in October and November, the Election Officer finds that this protest is untimely. The Election Officer finds that by not filing this protest until November 22, Mr. Thompson waived his right to protest.
Based on the foregoing, 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:
Hugh Thompson
December 4, 1996
Page 1
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