September 1, 1998
VIA FIRST-CLASS MAIL
Robert H. Spearman
September 1, 1998
Page 1
Robert H. Spearman
121 Bybee Drive, D-13
McMinnville, TN 37110
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, DC 20009
Ken Paff
Teamsters for a Democratic Union
7435 Michigan Avenue
Detroit, MI 48210
Robert H. Spearman
September 1, 1998
Page 1
Re: Election Office Case No. PR-250-EO-EOH
Gentlemen:
Robert Spearman, a candidate for at-large vice - president, 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”) against Election Office Counsel David S. Paull. Mr. Spearman alleges that Mr. Paull, who investigated the allegations made by Mr. Spearman in Spearman, PR-214-IBT-EOH (August 25, 1998) (appeal pending), made “unprofessional” comments to him in a telephone conversation on August 17, 1998. In addition, Mr. Spearman states that it is a conflict of interest for Mr. Paull to work for the Election Office because Mr. Paull has “worked for Ken Paff and the [Teamsters for a Democratic Union].”
Mr. Paull denies that he was unprofessional and denies that he has ever had any relationship ever with Mr. Paff or the TDU.
This protest was investigated by Deputy Election Officer Benetta M. Mansfield.
Robert H. Spearman
September 1, 1998
Page 1
On August 17, 1998, Mr. Spearman contacted Mr. Paull by telephone regarding a protest he had filed in PR-214 alleging that Jim Benson, a member of Local Union 104, transmitted inaccurate information about his candidacy to the IBT in connection with the campaign pages printed in the July/August issue of the Teamster magazine for 1998. The protested issue of the Teamster magazine referred to Mr. Benson as a candidate for Southern Region vice - president at the top of page 56. During the conversation, Mr. Paull asked Mr. Spearman if he was aware that Mr. Benson had withdrawn his candidacy and was no longer a candidate in the rerun election. Mr. Spearman asked Mr. Paull why the candidate material was in the magazine and Mr. Paull explained that the magazine copy was done prior to the deadline for withdrawal of candidacies.
Thereafter, Mr. Spearman contends that Mr. Paull stated “It doesn’t make any difference, I’m going to rule against you.” Mr. Spearman states that he responded, “There is no need to further this conversation,” and thereafter Mr. Paull hung up the telephone. Mr. Paull disputes this account and states that he never has told any protester that he would rule against him, and that he simply explained that the error was not that of Mr. Benson and that Mr. Benson had withdrawn his candidacy.
While not citing how this conduct violates the Rules, Mr. Spearman contends that Mr. Paull’s conduct was unprofessional.
The Election Officer, of course, expects all of his representatives to act professionally at all times. The Election Officer notes that Mr. Paull is a senior and well-respected member of his staff, and never has had a complaint against him in this process until the current protest. After reviewing the facts with the investigator, the Election Officer credits Mr. Paull and finds that he did not state to Mr. Spearman that he was going to rule against him and, at no time, engaged in unprofessional conduct.
Mr. Spearman also states that. “Mr. Benson was a Teamster for the Democratic Union Member and Mr. Paull has worked for Ken Paff and T.D.U. This is ‘conflict of interest’.” When questioned about this assertion, Mr. Spearman told the investigator that the former International vice - president Leroy Ellis, and John Cetinske, a member of Local Union 480, each advised Mr. Spearman that a man named “Paul” used to work for TDU. On this basis, Mr. Spearman made the assertion that it was David Paull who worked for Mr. Paff and TDU. In an interview, Mr. Cetinske stated that in 1983 or 1984, when he was a member of TDU and involved in a lawsuit involving a safety issue, an attorney whose last name was Paul called him. He did not recall the attorney’s first name. Mr. Cetinske stated it was a young attorney and he did not know where the attorney was from.
Mr. Ellis did not return the investigator’s call, the investigator then contacted Mr. Paff at TDU in Detroit. Mr. Paff searched the entire TDU mailing list and its donor base and found no listing for either “Mr. Paull” or David Paull. Mr. Paff stated that any attorney that had done work for TDU would be on their mailing list, that he has no recollection that David Paull ever worked for or with TDU, and the safety cases to which Mr. Cetinske refers were primarily litigated by one female attorney whose name is not Paul.
Mr. Paull denies that he has ever worked for TDU, or taken any referral cases from TDU.
Robert H. Spearman
September 1, 1998
Page 1
The Election Officer concludes that Mr. Spearman’s allegation has no basis, and that David Paull did not work for TDU. Even if it were true the David Paull had done some work for TDU 15 years prior to his association with the Office of the Election Officer, however, such activity would not give rise to a conflict of interest in connection with the investigation of a protest over the content of the July/August Teamster magazine.
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. 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