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Office of the Election Supervisor for the International Brotherhood of Teamsters

              April 24, 1996

 

 

VIA UPS OVERNIGHT

 

Bruno Franco

60 Topland Road

White Plains, NY 10605

 

Pride and Power Slate

c/o Lou Smith

37 Strawberry Hill

Hillsdale, NJ 07642

 

Re:  Election Office Case No. P-688-LU810-NYC 

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) by Bruno Franco, a member of Local Union 810 and a candidate for delegate on the Equality slate. 

Mr. Franco alleges that candidates on the Pride and Power slate, headed by Local Union 810 President Lou Smith, have posted campaign literature at the local unions headquarters.  The protester alleges that this was done while candidates were being paid by the union and that candidates on the Equality slate were not granted equal access. 

 

This protest was investigated by New York City Protest Coordinator Barbara Deinhardt.

 

Mr. Franco did not personally observe the alleged campaign literature at the local union and did not provide any witnesses or evidence to support his claim.  Article XIV, Section 1 of the Rules places the burden on the complainants to present evidence that a violation has occurred.  Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations.  In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).

 


Bruno Franco

April 24, 1996

Page 1

 

 

In consideration of the foregoing, his 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,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

Barbara Deinhardt, New York City Protest Coordinator