April 18, 1996
VIA UPS OVERNIGHT
Robert H. Newhouse
April 18, 1996
Page 1
Robert H. Newhouse
6486 S. Saulsbury Street
Littleton, CO 80123
Teamsters United Slate
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Roman R. Garcia, Secretary-Treasurer
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Steve Vairma, President
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Robert H. Newhouse
April 18, 1996
Page 1
Re: Election Office Case No. P-718-LU435-RMT
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Robert Newhouse, a member of Local Union 435. Mr. Newhouse alleges that the attorney who represented Local Union 435’s Teamsters United slate in the Election Appeals Master case In Re: Newhouse
et al., 96 - Elec. App. - 149 (KC) (April 1, 1996) was paid with local union funds, in violation of the Rules.
This protest was investigated by Adjunct Regional Coordinator Zeik Saidman.
David Eason, counsel for the Teamsters United slate, has provided the Election Officer with a signed statement, dated April 12, 1996, in which he asserts that his firm
represents Local 435 in certain matters . . . [the firm was] separately retained by the United Slate and its members for purposes of the appeal, and will separately bill the United Slate and its members for services rendered in that matter.
Robert H. Newhouse
April 18, 1996
Page 1
Mr. Eason further states that his “firm has not received, and will not accept, any payment from Local 435 in connection with [its] representation of the United Slate.”
The Election Officer credits this statement. Since there is no evidence that union funds were used to pay for counsel in the above-referenced appeal beyond Mr. Newhouse’s assertion, 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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Zeik Saidman, Adjunct Regional Coordinator