January 8, 1997
VIA UPS OVERNIGHT
Pat Connell
January 8, 1997
Page 1
Pat Connell
60-60 60th Street
Maspeth, NY 11378
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Kevin Aguilar
63 Franklin Street #4R
Brooklyn, NY 11222
Jacob Javits Center
655 W. 34th Street
New York, NY 10001
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Pat Connell
January 8, 1997
Page 1
Re: Election Office Case No. P-1329-LU807-NYC
Gentlemen:
Pat Connell, a member of Local Union 807, 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 the Jacob Javits Center in New York City, a large employer of Local Union 807 members, improperly furnished the Hoffa campaign with a list of Local Union 807 member/employees, including their telephone numbers. Mr. Connell states that furnishing the list constituted a prohibited employer contribution, under the Rules. He lodges his protest against James P. Hoffa, the Hoffa campaign, the Javits Center and Local Union 807 member Kevin Aguilar.
Pat Connell
January 8, 1997
Page 1
The Hoffa campaign responds that Mr. Aguilar obtained a list of Local Union 807 member/employees from the Javits Center for purposes of organizing a Christmas party. The campaign further responds that Mr. Aguilar later participated in a phone bank operation supporting Mr. Hoffa, but that Mr. Aguilar was provided with names and telephone numbers by the Hoffa campaign and did not use any information obtained from the Javits Center.
Mr. Aguilar states that he never provided the list to the Hoffa campaign.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Local Union 807 member John Sarro states that he received a pro-Hoffa telephone call at home on an evening between November 19 and 23, 1996. He further states that he heard after the Thanksgiving holiday that other members employed at the Javits Center had received similar calls. Mr. Sarro states that his phone is under his wife’s maiden name, which caused him to wonder how the Hoffa campaign got his number. He admits, however, that the number is known to the Javits Center, Local Union 807 and persons with whom he works.
Mr. Aguilar admits making calls for the phone banking operation at the Hoffa campaign headquarters. Although Mr. Aguilar states he received a list from a Javits Center supervisor in order to organize a holiday party, he denies ever using this list to make telephone calls for the Hoffa campaign or giving the list to the Hoffa campaign.
The Hoffa campaign states that it already had the list provided, pursuant to Article VIII, Section 3 of the Rules, which it utilized for its phone banking operations. Other than a telephone call received by Mr. Sarro, whose telephone number is not listed under his name, the protester has not offered any evidence that the list provided to Mr. Aguilar by the Javits Center was used in the phone banking operation. Moreover, Mr. Sarro admits that his telephone number is known to several persons. Based on the investigation, the Election Officer finds the evidence does not support a prohibited employer contribution, under the Rules.
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 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
Pat Connell
January 8, 1997
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
Barbara C. Deinhardt, New York City Protest Coordinator