April 17, 1996
VIA UPS OVERNIGHT
Richard Volpe
April 17, 1996
Page 1
Richard Volpe, Secretary-Treasurer
Teamsters Local Union 550
6 Tuxedo Avenue
New Hyde Park, NY 11040
John Carter
494 Kime Avenue
West Islip, NY 11795
John R. Phelan
2360 W. Salisbury
Westbury, NY 11590
Richard Volpe
April 17, 1996
Page 1
Re: Election Officer Case No. P-677-LU550-NYC
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 Richard Volpe, a member of Local Union 550. Mr. Volpe is a candidate for delegate. He alleges that Jack Phelan, a candidate for alternate delegate, disseminated false information to discredit both his campaign and the candidacy of Tom Flannery. Mr. Volpe also charges that Mr. Phelan and another member of Local Union 550 have campaigned during working hours. Mr. Volpe has now advised the Election Officer that he wishes to withdraw his protest. The Election Officer, finding that the proposed withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
Richard Volpe
April 17, 1996
Page 1
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
Barbara Deinhardt, New York City Protest Coordinator
Arthur Wasserman, Regional Coordinator