August 14, 1998
VIA UPS OVERNIGHT
Dennis C. Skelton
August 14, 1998
Page 1
Dennis C. Skelton
4119 Pasco Drive
St. Louis, MO 63129
Robert Hauptmann
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Dennis C. Skelton
August 14, 1998
Page 1
Re: Election Office Case No. PR-161-IBT-NYC
Gentlemen:
Dennis Skelton, a member of Local Union 600, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) against the IBT and the Carey Campaign. Mr. Skelton alleges that he received a facsimile addressed to him as a former candidate on the Ron Carey Slate that was sent from the IBT headquarters in Washington, D.C., by Robert Hauptmann, Assistant to the Acting General President.
The IBT states that the protest is untimely. Moreover, the IBT states that Mr. Hauptmann sent the facsimile from an IBT fax machine due to a direction from the Election Appeals Master that candidates on the Carey Slate be notified about the wind-up of the campaign’s affairs. Mr. Hauptmann sent all notices to all Carey Slate candidates by facsimile from his home, with the exception of Mr. Skelton, because he did not have his fax number at home. He admits that he sent the fax to Mr. Skelton from the office. Mr. Hauptmann sent the one facsimile using IBT equipment.
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
On June 2, 1996, Election Appeals Master Kenneth Conboy issued a decision affirming a decision of the Election Officer that individual members of the Carey Slate do not have an obligation to report an outstanding debt incurred by the entity “Committee to Elect Ron Carey ‘96.” In re James P. Hoffa and the Hoffa Slate, 98 - Elec. App. - 352 (KC) (June 2, 1998). This was the decision sent by facsimile on IBT equipment by Mr. Hauptmann to Mr. Skelton.
Dennis C. Skelton
August 14, 1998
Page 1
Although Mr. Skelton received the facsimile on June 2, he did not file this protest until July 6. The protest, therefore, is clearly untimely. Moreover, the facsimile transmission of the Election Appeals Master’s decision to former Carey Slate candidates is not an improper use of union resources to support campaigning. Therefore, there is no Rules violation.
Accordingly, the 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. 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, 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:chh
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator