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Office of the Election Supervisor for the International Brotherhood of Teamsters

              January 8, 1999

 

VIA FIRST-CLASS MAIL

 


Julian Fleurs

January 8, 1999

Page 1

 

Julian Fleurs

57-2115 Erinbrooke Crescent

Ottawa, ON K1B 4H6

CANADA

 

André Papineau, President

Teamsters Local Union 91

1300 Ages Drive

Ottawa, ON K1G 5T4

CANADA

 

Ron Douglas

Teamsters Canada

#204-1867 W. Broadway

Vancouver, BC V6J 4W1

CANADA


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW, Suite 500

Washington, DC 20036

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334


Julian Fleurs

January 8, 1999

Page 1

 

Re: Election Office Case No. Post-66-EOH

 

Gentlemen:

 

Julian Fleurs, a member of Local Union 91, filed a post-election protest pursuant to Article XIV, Section 3(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Election Officer Michael G. Cherkasky.  Mr. Fleurs alleges that he, and possibly other members of Local Union 91, did not receive a ballot for the IBT International Officer Election.

 

The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.

 

Mr. Fleurs is employed at the RONA Warehouse in Napean, Ontario, Canada.  In a letter to the Election Officer dated December 18, 1998, Mr. Fleurs alleges that while there was a proper posting of the Notice of Election at his workplace, neither he nor any of the other workers that he questioned ever received a ballot.

 

 


Julian Fleurs

January 8, 1999

Page 1

 

Article XIV, Section 3(a) states that the only protests that shall be considered postelection are those “regarding any alleged improper election day or postelection conduct or event.” 

Mr. Fleurs current protest is consequently improper.  He should have contacted the Election Office or filed a protest regarding his failure to receive a ballot prior to the beginning of the ballot count on December 3, 1998.

 

In preparing for this mail ballot election, the Election Officer recognized that, for a variety of reasons, some small fraction of members who were eligible to receive a ballot may not get one in the initial mailing.  Because of this, the Election Office operated a toll-free telephone number for members to call if they had not received their ballot. The Election Officer’s investigation into this protest revealed that while Mr. Fleurs was aware of the existence of the toll-free telephone number, neither he nor any of his co-workers called in to request a ballot.

 

Accordingly, the protest is DENIED.

 

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) days 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, 444 North Capitol Street, NW, Suite 445, Washington, DC  20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Michael G. Cherkasky

Election Officer

 

 

cc:              Kenneth Conboy, Election Appeals Master