January 20, 1999
VIA FIRST CLASS MAIL
Chris Govea
975 Robinson
Clovis, CA 93612
Mark Gonzalez
155 S. Argyle
Apt. 134
Fresno, CA 93727
Phil Armstrong, Business Agent
Teamsters Local Union 431
1140 W. Olive
Fresno, CA 93728
Darrell Pratt, Business Agent
Teamsters Local Union 431
1140 W. Olive
Fresno, CA 93728
Jimmy D. Hammock, President
Teamsters Local Union 431
1140 W. Olive
Fresno, CA 93728
Mario Garza
1759 S. Prospect Street
Fresno, CA 93706
Re: Election Office Case No. PR-365-LU431-EOH
Gentlemen:
Chris Govea and Mark Gonzalez, members of Local Union 431, 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 Phil Armstrong, recording secretary and business agent of Local Union 431, and Darrell Pratt, business agent of Local Union 431. The protestors allege that Messrs. Pratt and Armstrong removed anti-Hoffa and pro-Mario Garza campaign literature from the bulletin boards at their place of employment and that they are purposely removing said materials because Mr. Garza and his slate challenged the incumbent slate for offices in Local Union 431. The Election Officer deferred this protest for post-election review pursuant to his authority under Article XIV, Section 2(f)(2) of the Rules.
The protest was investigated by Protest Chief Mary E. Leary.
Messrs. Gonzalez and Govea now advise the Election Office that they wish to withdraw the protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
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
MGC:
Enclosure
cc: Kenneth Conboy, Election Appeals Master