February 14, 1996
VIA UPS OVERNIGHT
Allan Mouford
N. 1671 River Drive
Menominee, MI 49858
Yellow Freight
c/o Daniel Hornbeck
10990 Roe Avenue
Overland Park, KS 66211
Re: Election Office Case No. P-321-LU328-MGN
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
Allan Mouford, a member of Local Union 321. The protester alleged that a work-site posting by Yellow Freight, in which the employer's policy towards distribution of literature and solicitation on company premises was detailed, violated the Rules. Mr. Mouford now advises the Election Officer that he wishes to withdraw his protest. The Election Officer, finding that the protest has been resolved and that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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 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:
Allan Mouford
February 14, 1996
Page 1
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
William Wertheimer, Regional Coordinator