November 22, 1996
VIA UPS OVERNIGHT
Thomas Madison
November 22, 1996
Page 1
Thomas Madison
c/o James Dawes
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
Otis Cross
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Thomas Madison
November 22, 1996
Page 1
Re: Election Office Case No. P-1043-LU710-CHI
Gentlemen:
James Dawes, a member of Local Union 710, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that on September 30, 1996, Otis Cross, a business agent of Local Union 705, was verbally “abusive and intimidating” towards Thomas Madison, a member of Local Union 710, when Mr. Madison indicated that he was not interested in the Carey campaign literature that Mr. Cross was distributing. The protester also alleges that Mr. Cross was distributing these campaign flyers in the parking lot of the ABF Trucking Company on union time and with a union vehicle, in violation of the Rules.
Mr. Cross contends that he only recalls one altercation while he was campaigning in the parking lot of ABF Trucking that involved an unnamed person yelling insults at him from the open window of a vehicle. Mr. Cross asserts that this unnamed person continued to yell at him after he parked his vehicle about 50 yards away. Mr. Cross asserts that he drove his own vehicle and used vacation time to campaign at ABF Trucking.
The protest was investigated by Regional Coordinator Julie E. Hamos.
Thomas Madison
November 22, 1996
Page 1
The investigation revealed no evidence that supports the protester’s allegation that
Mr. Cross verbally threatened or intimidated Mr. Madison. The evidence also substantiated Mr. Cross’ assertions that he used his personal vehicle and was on vacation time when he distributed the campaign flyers at ABF Trucking.
The Election Officer does not find that Mr. Cross engaged in any conduct that violated the Rules.
Accordingly, 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 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
Julie E. Hamos, Regional Coordinator