March 6, 1996
VIA UPS OVERNIGHT
Gerald Thompson
March 6, 1996
Page 1
Gerald L. Thompson
1528 Byrd
Fort Worth, TX 76114
Joe D. Lesmaster, President
Teamsters Local Union 767
624 Six Flags Drive, Suite 110
Arlington, TX 76011
Joseph E. Barragan, Secretary-Treasurer
Teamsters Local Union 767
624 Six Flags Drive, Suite 110
Arlington, TX 76011
Gerald Thompson
March 6, 1996
Page 1
Re: Election Office Case No. P-474-LU767-SOU
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2 of the Rules for the 1995-1996 International union Delegate and Officer Election (“Rules”) by Gerald Thompson, a member and delegate candidate from Local Union 767, against Joe D. Lesmaster, president of Local Union 767, and Joe E. Barragan, secretary-treasurer of Local Union 767.
Mr. Thompson complains that the set of mailing labels provided to him for mailing campaign literature to members of Local Union 767 was incomplete and inaccurate. Specifically, he states that he received a set of mailing labels with 4,363 names and addresses provided by Local Union 767 on January 31, 1996. However, he learned on or about February 12, that 4,811 ballots had been mailed by the Election Office to members of Local Union 767. His protest questioned this difference in numbers.
President Lesmaster and Secretary-Treasurer Barragan respond that the protest was untimely. They further stated that the missing labels were only those for members with incorrect addresses.
The protest was investigated by Regional Coordinator Dolores C. Hall.
Gerald Thompson
March 6, 1996
Page 1
Local Union 767 has now created a list of the addresses currently known to be incorrect, made copies of the labels with address corrections, and provided these to
Mr. Thompson. Mr. Thompson is satisfied the discrepancy in mailing labels has now been remedied.
Accordingly, the Election Officer finds that the protest has been 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 & 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
Dolores C. Hall, Regional Coordinator