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Office of the Election Supervisor for the International Brotherhood of Teamsters

October 14, 1998

 

VIA FIRST CLASS MAIL

 


Terry Richardson

October 14, 1998

Page 1

 

Terry Richardson

10 Cherrywood Court

St. Peters, MO 63376

 

Jim Kabell

Secretary Treasurer

Teamster’s Local Union 245

1850 E. Division

Springfield, MO 65803


Paul Alan Levy, Esq.

Public Citizen Litigation

  Group

1600 20th Street, NW

Washington, DC 20009


Terry Richardson

October 14, 1998

Page 1

 

Re: Election Office Case No. PR-304-LU688-EOH

 

Gentlemen:

 

Terry Richardson, 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”) alleging that a complete list of candidates on the Hoffa Unity Slate was posted on a union bulletin board at the UPS facility in Springfield, Missouri, in violation of the Rules

 

This protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.

 

The investigation revealed that the posting in question was the Notice of Nominations and Procedure for Supplemental Nominations provided by the Election Office to all local union for posting on all union bulletin boards in June 1998.[1]  Fred Potts, vice-president of Local Union 245 and the business agent assigned to the UPS facility in Springfield, stated that he removed the Notice during the week of September 28, 1998, when he was notified of the protest.  Mr. Potts claims that it was an oversight that the Notice was not removed earlier.  Mr. Potts stated that UPS does not allow the posting of campaign material on its bulletin boards at this facility.

 


Terry Richardson

October 14, 1998

Page 1

 

Since the posting was an official Notice issued by the Election Office, the Election Officer does not find a violation of the Rules

 

Accordingly, this 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]In mid-August 1998, a TITAN message was sent to all local unions advising them to remove the Notice.