August 21, 1997
VIA UPS OVERNIGHT
Joseph Padellaro
August 21, 1997
Page 1
Joseph Padellaro
Teamsters Local Union 819
66-11 Woodhaven Blvd.
Rego Park, NY 11374
Anthony Rumore, President
Joint Council 16
265 W. 14th Street, Room 1201
New York, NY 10011
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Robert M. Baptiste
Baptiste & Wilder
1150 Connecticut Ave. NW, Suite 500
Washington, DC 20036
Ron Carey Campaign
c/o Susan Davis
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Joseph Padellaro
August 21, 1997
Page 1
Re: Election Office Case No. Post-49-NYC
Gentlepersons:
A post-election protest was filed pursuant to Article XIV, Section 3(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by International Trustee Joseph Padellaro against Anthony Rumore, president of Joint Council 16, Joint Council 16, the Hoffa Campaign and James P. Hoffa. The protester alleges that the charged parties used union resources to advance the candidacy of Mr. Hoffa in violation of the Rules.
Joseph Padellaro
August 21, 1997
Page 1
This protest was assigned for investigation to New York City Protest Coordinator Barbara C. Deinhardt.
Under Article XIV, Section 3(b), the allegations contained in this protest “shall only be considered and remedied if the alleged violation may have affected the outcome of the election.” The protester makes no assertion or proof that the violations, if any, affected the outcome of the election.
Insofar as neither Mr. Hoffa nor the Hoffa candidates in the Eastern Region won the election, the improper use of union resources, if any, did not effect the results of the election. See Durham, Post-75 (January 10, 1992).
Furthermore, even if such allegations of misuse of union resources connected to the Hoffa slate campaign could be proven, it would not alter the Election Officer’s determination in Cheatem, Post -27-EOH issued today that the election cannot be certified and must be rerun.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) days 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
Joseph Padellaro
August 21, 1997
Page 1
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator