September 8, 1998
VIA FIRST-CLASS MAIL
William L. Kauffman
September 8, 1998
Page 1
William. L. Kauffman
P.O. Box 2481
Washington, DC 20013
John D. Reynolds
5751 W. Beryl Avenue
Glendale, AZ 85302
Thomas R. Salinas
7023 Crested Quail
San Antonio, TX 78250
David A. Eckstein
35 E Street, NW, #110
Washington, DC 20001
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC XXX-XX-XXXX
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Tom Sever, Acting General President/
Secretary-Treasurer
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
William L. Kauffman
September 8, 1998
Page 1
Re: Election Office Case Nos. PR-189-TLS-EOH
PR-195-TLS-EOH
PR-196-TLS-EOH
Gentlemen:
William L. Kauffman
September 8, 1998
Page 1
Related pre-election protests were filed by IBT International Representatives William Kaufman (PR-189), a member of Local Union 177, John D. Reynolds (PR-195), a member of Local Union 104, and Thomas R. Salinas (PR-196), a member of Local Union 657, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against David Eckstein, a member of Local Union 161, IBT Director of Field Services, and a candidate for International trustee on the Tom Leedham Rank and File Power Slate (“Leedham Slate”) and Thomas Leedham, a member of Local Union 206, IBT Director of the Warehouse Division, and candidate for general president on the Leedham Slate.
All of the protesters contend that Mr. Eckstein retaliated against them by including their names in a list sent to Mr. Leedham concerning potential candidates for termination or layoff under a Leedham administration, as well as by taking other actions against them in violation of the Rules. Mr. Reynolds and Mr. Kaufman also assert that Mr. Leedham retaliated against them. Messrs. Eckstein and Leedham deny all of the allegations.
Due to the similar nature of the allegations, the protests were consolidated for decision by the Election Officer. The protests were investigated by Election Office Staff Attorney Peter F. Gimbrère.
The following memorandum was provided to the Election Officer by all three protesters as the basis for their allegations:
MEMORANDUM
TO: Tom Leedham
FROM: Dave Eckstein
DATE: June 17, 1998
RE: Staff Employees
Personal & Confidential
Please review the attached list of International Reps, Organizers and other staff employees. My department has carefully considered and evaluated each one and I have come to the conclusion that the services of these people are no longer needed. Most are currently unassigned and some have never had any real assignments.
I have reviewed this list with Tom Sever and he disagrees with some of the names and wants to keep them on our payroll and refuses to take any action at all.
Tom, after our successful campaign and when you take office, I hope you will consider the need to reduce our staff and will review this list and go with my recommendations.
Should you like to discuss this further, please contact me at 202-624-6824.
DE/km
After Dave Eckstein’s name at the top of the memo was the inscription “DE okay.”
William L. Kauffman
September 8, 1998
Page 1
Attached to this memorandum was a separate page listing 56 employees currently on the IBT staff, including project organizers, International representatives and field representatives. In Eckstein, PR-135-IBT-SCE (August 14, 1998) (appeal pending), the Election Officer determined that this list had been compiled in early 1998 by Mr. Eckstein, Bob Hauptman, the special assistant to the general president for management and budget, and others at the request of Sam Carter, the executive assistant to the acting general president. Mr. Leedham and Mr. Eckstein state that the list includes supporters of the Leedham Slate, including Julian Gonzalez, a full-time volunteer for the Leedham campaign.
Mr. Eckstein, Mr. Leedham and Kelly Mulligan, the Field Services Department office manager whose initials appear at the end of the memorandum, deny any involvement with or knowledge of the production and distribution of the memorandum purportedly addressed to Mr. Leedham. Mr. Leedham states that he never received a copy of the memorandum from Mr. Eckstein, and first saw it attached to a letter dated July 26, 1998 that he recieved from Mike Mathis, IBT Political Coordinator. Mr. Leedham signed a sworn affidavit to that effect. Mr. Eckstein specifically denied ever putting his initials on the memorandum, although he acknowledged that the initials looked like his handwriting. He opined that his initials next to his name on the memorandum must have been taken from a copy of one of his earlier memoranda. Mr. Eckstein also stated that similar “cut & paste jobs” have been found when they were anonymously disseminated in the IBT headquarters building.
The Election Officer has previously noted that the list at issue was created in late winter of 1998, prior to either Mr. Eckstein’s or Mr. Leedham’s candidacy. Eckstein, PR-135 at 19. While the Election Officer is unable to determine the author of the June 17, 1998 memorandum, the Election Officer concludes that the cover memorandum was not created by Mr. Eckstein or distributed to Mr. Leedham. Moreover, as the list includes both supporters and non-supporters of the Leedham Slate, the document is not evidence of retaliation based on participation or lack thereof in the IBT International Officer Rerun Election.
The three protesters alleged that Messrs. Leedham and Eckstein had retaliated against them in the past due to political affiliation or, in the case of Mr. Kaufman, lack of any political affiliation. However, they presented no evidence showing a nexus between any of the actions allegedly taken against them and the IBT Officer Rerun Election.
Accordingly, the protests are 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:
William L. Kauffman
September 8, 1998
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, 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
cc: Kenneth Conboy, Election Appeals Master