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Office of the Election Supervisor for the International Brotherhood of Teamsters













              December 2, 1996





Albert Stearns

December 2, 1996

Page 1



Albert Stearns

11 Minthorne Street

Worcester, MA  01603


Richard Foley, Secretary-Treasurer

Teamsters Local Union 170

805 Millbury Street

Worcester, MA  01607

Stuart B. Mundy, Secretary-Treasurer

Teamsters Local Union 251

121 Brightridge Avenue

East Providence, RI  02914

Albert Stearns

December 2, 1996

Page 1



Re:  Election Office Case No. P-1300-LU170-EOH




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

Albert Stearns, a member of Local Union 170.  Mr. Stearns alleges that Richard Foley, secretary-treasurer of Local Union 170, refuses to accept his dues in order to prevent the protester from voting in the International officer election.


Mr. Foley states that his refusal to accept Mr. Stearns dues arose from a belief that Mr. Stearns is no longer a member of Local Union 170 but has been transferred to Local Union 251 at the request of Stuart Mundy, the secretary-treasurer of that local union.


Election Office Staff Attorney Jonathan K. ONeill investigated the protest.


After a discussion with the investigator, Mr. Foley agreed to accept Mr. Stearns dues for November 1996.  The investigation revealed that Mr. Stearns has paid his dues for November 1996 to Local Union 170 and that the local union has accepted these dues.


Accordingly, the protest is RESOLVED.

Albert Stearns

December 2, 1996

Page 1



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, 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