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Office of the Election Supervisor for the International Brotherhood of Teamsters

December 18, 1997




James E. Smith, Jr.

December 18, 1997

Page 1


James E. Smith, Jr.

2833 Cottman Avenue

Philadelphia, PA  19149


James P. Hoffa

2593 Hounds Chase

Troy, MI  48098


Thomas B. Griffith, Pres.

Teamsters Local Union 776

2552 Jefferson Street

Harrisburg, PA  17110


Rite-Aid Corporation

431 Railroad Avenue

Shiremanstown, PA  17011

Susan Davis, Esq.

Cohen, Weiss and Simon

330 West 42nd Street

New York, NY  10036


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI  48334


James E. Smith, Jr.

December 18, 1997

Page 1



Re:  Election Office Case No. PR-042-LU776-NYC




James E. Smith Jr., a member of Local Union 115, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against James P. Hoffa, a candidate for general president, Thomas B. Griffith, president of Local Union 776 and Rite-Aid Corporation (Rite-Aid).   Mr. Smith alleged that Mr. Griffith improperly campaigned on union-paid time and that Mr. Hoffa was granted access to a Rite-Aid distribution center in violation of the Rules.


Mr. Smith now advises the Election Office that he wishes to withdraw his protest.  The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.


James E. Smith, Jr.

December 18, 1997

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 North Capitol Street, NW, Suite 855, Washington, DC 20001, Facsimile

(202) 624-3525.  A copy of the protest must accompany the request for a hearing.






Michael G. Cherkasky

Election Officer


cc:               Kenneth Conboy, Election Appeals Master

Barbara C. Deinhardt, New York City Regional Coordinator