November 2, 1998
VIA FIRST CLASS MAIL
Tim Buban
November 2, 1998
Page 2
Tim Buban
4220 S. Katherine Drive
New Berlin, WI 53153
Bruce Demitros, Terminal Manager
Consolidated Freightways
401 W. Layton Avenue
Milwaukee, WI 53207
Jay Sakwinski, Office Manager
Consolidate Freightways
401 W. Layton Avenue
Milwaukee, WI 53207
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Arthur Hackworth, Esq.
Consolidated Freightways
175 Linfield Drive
Menlo Park, CA 94025
Tim Buban
November 2, 1998
Page 2
Re: Election Office Case No. PR-307-LU200-NCE
Gentlemen:
Tim Buban, a member of Local Union 200, 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 Bruce Demitros. Mr. Demitros is the terminal manager for a Consolidated Freightways facility located in Milwaukee, Wisconsin. Mr. Buban alleged that Mr. Demitros infringed on his pre-existing right to campaign by prohibiting the posting of campaign materials inside the terminal. Additionally, Mr. Buban alleged that Mr. Demitros made election-related remarks which inhibited his right to engage in campaign activities.
Mr. Demitros admits that he posted a notice prohibiting the display of campaign material on terminal property but denies that he made any statement designed to restrict either protester in their exercise of campaign activity.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Tim Buban
November 2, 1998
Page 2
At the request of the Election Officer’s Representative,. Mr. Demitros replaced the protested notice with a notice permitting postings based on pr-existing rights. In consideration of this action, the protestor advised the Election officer in writing that he wished to withdraw the 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
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