December 10, 1997
VIA UPS OVERNIGHT
Ken Mee
December 10, 1997
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Kenneth J. Pedersen, Esq.
Davies, Roberts & Reid, L.L.P.
101 Elliott Avenue West
Suite 550
Seattle, WA 98119
Jon L. Rabine, Pres.
Teamsters Joint Council 28
553 John Street
Seattle, WA 98109
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Ken Mee
December 10, 1997
Page 1
Re: Election Office Case No. PR-036-JC28-EOH
Gentlemen:
Ken Mee, an International vice-president, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Joint Council 28 and Joint Council 28 President Jon Rabine. Mr. Mee alleges that the August-October 1997 issue of The Washington Teamster, a union-financed publication of Joint Council 28, contains campaign material and violates the Rules. Mr. Rabine responds that the protested issue of The Washington Teamster has been reviewed by the Election Officer in a prior protest and was determined not to violate the Rules.
The protest was investigated by Election Office Counsel David S. Paull.
The August-October issue of The Washington Teamster was the subject of a protest in Moriarty, PR-024-JC28-EOH (November 6, 1997). In denying that protest, the Election Officer concluded:
Ken Mee
December 10, 1997
Page 1
The protested portions of The Washington Teamster are focused on the Election Officer’s decision to rerun the election and not on the campaign. The articles at issue take up only three pages of a 20-page publication. It is the first edition published since the Cheatem decision. Therefore, the protested articles constitute a timely report of issues of interest to IBT members and do not constitute impermissible campaigning.
The parts of the August-October issue of The Washington Teamster objected to by the protester were addressed in Moriarty. No new evidence has been submitted.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 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
MGC:chh
cc: Kenneth Conboy, Election Appeals Master