December 3, 1998
VIA FIRST CLASS MAIL
James P. Hoffa
December 3, 1998
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Mike Marasovich, Business Agent
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Rick Rohe, Business Agent
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Greg Foster
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
William Blake
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
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
Deborah J. Waers
Legal Administrator
Roadway Express, Inc.
P.O. Box 471
Akron, OH XXX-XX-XXXX
James P. Hoffa
December 3, 1998
Page 1
Re: Election Office Case No. PR-423-LU705-NCE
Gentlemen:
James P. Hoffa
December 3, 1998
Page 1
James P. Hoffa, a candidate for general president, and the Hoffa Unity Slate filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against Rick Rohe and Michael Marasovich, both business agents for Local Union 705, and Greg Foster and William Blake, both organizers for Local Union 705, and Tom Leedham, a candidate for general president. The protesters allege that the charged parties campaigned at an employer’s facility in violation of the Rules. The charged parties deny the allegations.
This protest was investigated by Regional Coordinator Judith E. Kuhn.
The protesters allege that on November 20, 1998, between 5:15 a.m. and 6:55 a.m. Messrs. Rohe, Foster, Blake and Marasovich campaigned at Roadway Express during their work hours. The protesters allege that, although Mr. Leedham was not at Roadway Express on the day in question, he violated the Rules because his campaign benefitted from the others’ campaigning.
On November 20, 1998, Messrs. Rohe, Foster, and Blake campaigned in the parking lot at the Roadway Express facility in Chicago, Illinois, from 3:00 a.m. to 7:00 a.m. Mr. Marasovich campaigned from 3:00 a.m. until 9:00 a.m. They leafleted the parking lot. Messrs. Rohe and Marasovich admitted they entered the facility for five minutes to use the restrooms, but stated they did not campaign inside the facility. All four of the men stated they took leave on November 20th in order to campaign and submitted approved leave request forms to the Election Officer as evidence.
Under Article VIII, Section 11(e) of the Rules, any IBT member “May distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment.” This right is not available to employees on work time and may not be exercised among employees who are on work time. Advisory on Limited Right of Access to Employer Premises; see also Vacha, PR-377-LU507-EOH (November 30, 1998).
In the instant case, Messrs. Rohe, Foster, Blake and Marasovich had a right to campaign in the Roadway Express parking lot. They provided sufficient evidence that they were on leave during the time they were campaigning. Therefore, they did not violate any Rules.
Because Messrs. Rohe, Foster, Blake and Marasovich did not violate the Rules in their campaign activity, Mr. Leedham could not possibly have violated the Rules by benefitting from their activity.
Accordingly, this protest is hereby DENIED.
James P. Hoffa
December 3, 1998
Page 1
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
Judith E. Kuhn, Regional Coordinator