January 27, 1999
VIA FIRST CLASS MAIL
Harry D. LaBar
January 27, 1999
Page 1
Harry D. LaBar
20401 Concord Road
Davidson, NC 28036
Sam Carter
Executive Assistant to Acting
General President Tom Sever
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Sever, Acting General
President/Secretary-Treasurer
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Joe Henry
Assistant Director
Organizing Department
Int’l Brotherhood of Teamster
25 Louisiana Avenue, NW
Washington, DC 20001
Bob Ramshaw
Organizing Department
Int’l Brotherhood of Teamster
25 Louisiana Avenue, NW
Washington, DC 20001
Harry D. LaBar
January 27, 1999
Page 1
Re: Election Office Case No. Post-069-LU71-EOH
Gentlemen:
Harry D. LaBar
January 27, 1999
Page 1
Harry D. LaBar, a member of IBT Local Union 71, filed a post-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 Sam Carter, the president of Local Union 71. Mr. LaBar alleges that he was terminated from his position as a Project Organizer by Mr. Carter because of his support for the candidacy of James P. Hoffa, Jr..
The protest was investigated by Election Office Staff Attorney Kathryn Naylor.
Post-election protests are generally only considered and remedied when the alleged violations of the Rules “may have affected the outcome of the election.” See Cheatem, Post-27-EOH (August 21, 1997) at 105. Where, as here, a timely protest alleges “improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by the Rules,” however, it “shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.” Art. XIV, Sec. (3)(b).
Mr. LaBar was employed by Local Union 71 as an IBT Project Organizer from May 28, 1996 until December 31, 1998. Despite Mr. LaBar’s satisfactory work performance, on December 18, 1998, Mr. Carter, the newly elected president of Local Union 71, informed
Mr. LaBar that Local Union 71 would cease to fund his position as of January 1, 1999. Local Union 71 did not replace Mr. LaBar with another member and currently sponsors no other Project Organizers. Absent the local union’s financial sponsorship of the position, the IBT terminated Mr. LaBar as a project organizer.
The investigation determined that both the IBT’s treasury and Local Union 71's General Fund have been significantly depleted in recent years. As a result, the new administrations of both organizations are actively working to reduce costs. Mr. Carter stated that the termination of Mr. LaBar’s position resulted solely from these efforts. The Election Officer uncovered no evidence that Mr. LaBar’s termination was motivated by any factor other than cost. As noted, Mr. LaBar was not replaced in performing this work.
Accordingly, this protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals master within one (1) 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. Request for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 100
New York, NY 10022
Fax: (212) 751-4864
Harry D. LaBar
January 27, 1999
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:
Enclosure
cc: Kenneth Conboy, Election Appeals Master