February 15, 1996
VIA UPS OVERNIGHT
Luis Ortiz
3924 W. Muriel Drive
Glendale, AZ 95308
Richard Esquivel, Secretary-Treasurer
Teamsters Local Union 104
1450 S. 27th Avenue
Phoenix, AZ 85009
Re: Election Office Case No. P-309-LU104-RMT
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
Louis Ortiz, a member of Local Union 104 and a candidate for delegate.
In his protest, Mr. Ortiz contends that Local Union 104 violated the Rules when it failed to comply with his written requests, sent via facsimile, for copies of the Local Union Delegate Plan and work-site list. In response, Richard Esquivel, secretary-treasurer of Local Union 104, states that he has no knowledge or record of receiving Mr. Ortiz’s requests.
This protest was investigated by Regional Coordinator Jonathan Wilderman.
Mr. Ortiz has no document confirming his request via fax transmission. On January 24, 1996, Mr. Ortiz advised the Election Officer that he had resubmitted his request to Mr. Esquivel. Mr. Ortiz now confirms that he has received copies of both documents from Local Union 309. Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. Mr. Ortiz’s complaints, as contained in this protest, have been addressed, and the relief he requests has been achieved. Accordingly, the protest is now RESOLVED.
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 and 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 North Capitol Street, Suite 855, Washington, D.C. 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
Jonathan Wilderman, Regional Coordinator