October 1, 1998
VIA FIRST CLASS MAIL
J.D. Potter
October 1, 1998
Page 1
J.D. Potter
Rural Route 2, Box 651
Decatur, TX 76234
James L. Hicks, Jr., Esq.
2777 N. Stemmons Freeway
Suit 1100
Dallas, TX 75207
Tom Leedham Slate
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, D.C. 20003
Timothy M. Raiter
1403 Prentice Street
Arlington, TX 76018
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, N.W.
Suite 500
Washington, D.C. 20036
J.D. Potter
October 1, 1998
Page 1
Re: Election Office Case No. PR-299-LU19-EOH
Dear Mr. Potter:
J. D. Potter, a member of Local Union 19 and a candidate for Southern Region vice- president on the Hoffa Unity Slate, 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 the Tom Leedham “Rank and File Power” Slate (“Leedham slate”) and its alleged representative, Timothy M. Raiter. The protester alleges that on September 15, 1998, Mr. Raiter attended the Tarrant County Central Labor Council meeting in Texas on union time and campaigned on behalf of the Leedham slate, in violation of the Rules.
On September 24, 1998, the protester advised the Election Office in writing that he wishes to withdraw the protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
J.D. Potter
October 1, 1998
Page 1
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