December 15, 1998
VIA FIRST CLASS MAIL
John Carter
494 Kime Avenue
West Islip, NY 11795
Tom Flannery, President
Teamsters Local Union 550
6 Tuxedo Avenue
New Hyde Park, NY 11040
Re: Election Office Case No. PR-436-LU550-NYC
Gentlemen:
John Carter, a member of Local Union 550, 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 Local Union 550 President and Business Agent Tom Flannery alleging that Mr. Flannery removed election materials from a bulletin board at Jamaica Transport.
The protester now advises the Election Officer that he wishes to withdraw the protest. The Election Officer finds that the withdrawal effectuates the purpose of the Rules and permits the protest to be WITHDRAWN.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
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator