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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

October 21, 1996

 

VIA UPS OVERNIGHT

 


Ken Mee

October 21, 1996

Page 1

 

 

Ken Mee

42356 Greenbrier Park Drive

Fremont, CA 94538

 

Chuck Mack, Secretary-Treasurer

Teamsters Local Union 70

150 Executive Park Boulevard

Suite 2900

San Francisco, CA 94134

 

Marty Frates

Teamsters Local Union 70

150 Executive Park Boulevard

Suite 2900

San Francisco, CA 94134


Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

 

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334


Ken Mee

October 21, 1996

Page 1

 

 

Re:  Election Office Case No. P-999-LU70-CSF

 

Gentlemen:

 

Ken Mee, a member of Local Union 70 and a candidate for International 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) alleging that Local Union 70 Business Representative Marty Frates campaigned for James P. Hoffa, a candidate for general president, at grievance hearings in San Diego, California while employers were present.

 

Mr. Frates responds that Mr. Mee was not in attendance at the grievance hearings in San Diego and that Mr. Frates is not aware of what Mr. Mee is referring to in his protest.

 

This protest was investigated by Regional Coordinator Matthew D. Ross.


Ken Mee

October 21, 1996

Page 1

 

 

 

Shortly after this protest was docketed by the Election Office, the Regional Coordinator spoke with Mr. Mee by telephone.  During this conversation, Mr. Mee indicated that he desired to withdraw this protest.  On October 10, 1996, the Regional Coordinator sent

Mr. Mee a letter stating that he should send his written withdrawal to the Election Office or submit any witnesses or evidence he may have supporting the protest to the Regional Coordinator by Monday, October 14, 1996.  Mr. Mee did not respond to this letter and has not supplied any evidence to support his protest.

 

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 the allegations.  In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).  The protester has failed to meet this burden.

 

Accordingly, 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,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

Matthew D. Ross, Regional Coordinator