November 9, 1998
VIA FIRST CLASS MAIL
Richard D. Hall
November 9, 1998
Page 1
Richard D. Hall
20320 Woodland
Spring Hill, KS 66083
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Richard D. Hall
November 9, 1998
Page 1
Re: Election Officer Case No. PR-374-LU41-EOH
Gentlemen:
Richard Hall, a member of Local Union 41, 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 James P. Hoffa and Thomas Leedham, candidates for general-president in the IBT Officer Election. The protester alleges that Mr. Hoffa is receiving campaign contributions from employers, organized crime, and local unions. He alleges that
Mr. Leedham has been using employer and IBT resources for campaigning.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
Richard D. Hall
November 9, 1998
Page 1
Mr. Hall’s general allegations against candidates in the rerun election fail on its face to present sufficient evidence of a Rules violation. The Election Officer has specifically stated in the past that without an initial showing of some evidence of a potential violation, the protest will be denied without further investigation. Furthermore, the Election Officer has already addressed similar allegations made against Mr. Hoffa and Mr. Leedham in the past. In those earlier protests, which did initially contain some evidence of a potential violation, the Election Officer determined that the charges were unfounded. See In re Carey Slate, PR-035-EOH (April 27, 1998), aff’d, 98 - Elec. App. - 348 (KC) (May 15, 1998); Halberg, PR-088-LU174-PNW (October 5, 1998); Hobart, PR-123-IBT-PNW (October 23, 1998); Hoffa, PR-124-IBT-EOH (September 10, 1998), aff’d, 98 - Elec. App. - 386 (KC) (October 5, 1998); Atha, PR-127-IBT-EOH (July 8, 1998); Hoffa, PR-128-TLC-EOH (July 20, 1998); and Hoffa, PR-149-IBT-EOH (August 25, 1998), aff’d, 98 - Elec. App. - 371 (KC) (September 10, 1998).
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
cc: Kenneth Conboy, Election Appeals Master