November 24, 1998
VIA FACSIMILE AND UPS OVERNIGHT
David Holley
November 24, 1998
Page 1
David Holley
562 Vanderbilt Drive
New Lenox, IL 60451
John McCormick
6574 O’Hare Street
Portage, IN 46368
Bob Cummings, Steward
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Tom McMahon, Steward
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
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
Gerald Zero, Sec.-Treas.
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
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
David Holley
November 24, 1998
Page 1
Re: Election Office Case No. PR-394-LU705-NCE
Gentlemen:
David Holley, a member of Local 705, filed a pre-election protest pursuant to
David Holley
November 24, 1998
Page 1
Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against John McCormick, President of Local 705, Tom McMahon and Bob Cummings, stewards for Local 705 at Airborne Express and Airborne Express. The protester alleges that Airborne Express allowed John McCormick, Tom McMahon and Bob Cummings to campaign inside the Airborne Express facility in Lisle, Illinois for an hour, talking to employees who were on working time, and that the stewards intimidated employees by telling them how to vote.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
On November 6, 1998, before 8:00 a.m., candidate and Local Union 705 President John McCormick and two stewards were campaigning outside the Airborne Services facility. At 8:00 a.m., they put their literature away and went into the facility to talk to the members on non-campaign issues. One or more of them may have had campaign buttons on, but they all deny handing out any literature or doing any other campaigning while inside the facility. Their testimony is corroborated by Airborne Terminal Manager Greg Kogut, who stated that he firmly advised the stewards that there was to be no campaigning inside the facility and that he saw no evidence of distribution of literature or other campaigning while they were inside the facility. The protester did not see or hear them campaigning inside the facility and presented no evidence to otherwise support his allegation that they were campaigning, handing out literature, pressuring or intimidating people.
As there is no evidence to support the protest, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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, 400 N. Capitol Street, Suite 855, 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