August 31, 1998
VIA UPS OVERNIGHT
David L. Dethrow
2843 Radnor Street
St. Charles, MO 63301
Mike Spaulding
Human Relations Manager
Cupples Company Manufactures
9430 Page Avenue
St. Louis, MO 63132
Re: Election Office Protest No. PR-223-LU688-NCE
Gentlemen:
David Dethrow, a member of Local Union 688, 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 Cupples Rubber Company (“Cupples”) in St. Louis, Missouri. The protester alleged that on August 12, 1998, Cupples refused to permit him and another member to campaign for Tom Leedham, a candidate for general president, in the parking lot of its facility.
Cupples agreed that it refused to permit the protester to campaign. It has now agreed to permit campaigning in its parking lot for the duration of the rerun election period. The protester has been so advised. Mr. Dethrow 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
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:
David L. Dethrow
August 31, 1998
Page 1
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
Judith E. Kuhn, Regional Coordinator