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Office of the Election Supervisor for the International Brotherhood of Teamsters

October 26, 1998

 

 

VIA FIRST CLASS MAIL

 


Michael P. Hennessy

October 26, 1998

Page 1

 

Michael P. Hennessy

218 Woodlawn Avenue

Collingdale, PA 19023

 

John W. Braxton

4712 Windsor Avenue

Philadelphia, PA 19143

 

David L. Neigus

Acting General Counsel

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 


Tom Sever, Acting General

   President/Secretary-Treasurer

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Michael P. Hennessy

October 26, 1998

Page 1

 

 

Re: Election Office Case No. PR-286-IBT-EOH

 

Gentlemen:

 

Michael Hennessy, a member of Local Union 623, 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 John Braxton, an employee with the Education Department of the IBT.[1]  The protester claims that on September 2, 1998, Mr. Braxton was distributing Leedham campaign literature to UPS employees at the Philadelphia Airport facility on union time in violation of the Rules

 

In response, Mr. Braxton claims that he distributed Leedham campaign literature to UPS employees at the Philadelphia Airport facility on September 3, 1998, not September 2, 1998, as the protester alleges, and that he was on vacation time while doing so.

 


Michael P. Hennessy

October 26, 1998

Page 1

 

The protest was investigated by Protest Chief Mary Leary.

 

The investigation confirmed Mr. Braxton’s assertions that he was campaigning at the Philadelphia Airport with other Leedham supporters Joe Kirkwood, Bill Shanahan and John McCormick, candidate for general secretary-treasurer on the Leedham slate, on September 3, 1998, and was on vacation time while doing so. 

 

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

 

 

cc:              Kenneth Conboy, Election Appeals Master


[1]Mr. Braxton has resigned from the IBT since this protest was filed.