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Office of the Election Supervisor for the International Brotherhood of Teamsters

April 8, 1996





William Pike

April 8, 1996

Page 1



William Pike

8523 Cole Street

Downey, CA 90242


Ed J. Mireles, Secretary-Treasurer

Teamsters Local Union 952

140 S. Marks Way

Orange, CA 92668

Lucky Stores, Inc.

6565 Knott Avenue

Buena Park, CA 90620

William Pike

April 8, 1996

Page 1



Re:  Election Office Case No. P-644-LU-952-EOH




This 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 William Pike, a member of Local Union 644.  The protester alleges that Lucky Stores, Mr. Pikes employer, refused to post election-related notices,[1] in violation of Article VIII, Section 11(d) of the Rules


Regional Coordinator Glenn Rothner was assigned to investigate the protest. 


To date, the factual investigation has been inhibited by the protesters failure to provide the Regional Coordinator with any names of witnesses to support his allegations.  On

March 13, 1996 and again on April 2, 1996, the Regional Coordinator notified the protester by mail that the failure to produce witnesses or evidence in support of alleged Rules violations would result in a recommendation to deny the protest.


William Pike

April 8, 1996

Page 1



Article XIV, Section 1 of the Rules places the burden on the complainants “to present evidence that a violation has occurred.”  Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations.  In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).


Because the protester has not met his burden of offering evidence substantiating his allegations, the protest is DENIED.


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 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.






Barbara Zack Quindel

Election Officer



cc:              Kenneth Conboy, Election Appeals Master

Glenn Rothner, Regional Coordinator


[1]Mr. Pikes reference to election-related notices are actually to Employee Rights Committee notices (a group which Mr. Pike leads), not election notices required by the Rules.