December 16, 1998
VIA FIRST CLASS MAIL
David A. Eckstein
35 E Street, NW, #110
Washington, DC 20001
Tom Sever, Acting General
President/Secretary-Treasurer
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Dave Laughton, Director
Brewery Division
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Re: Election Office Case No. PR-398-IBT-EOH
Gentlemen:
David Eckstein, a member of Local Union 728 and IBT Director of Field Services, filed a pre-election protst pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against the IBT and Tom Sever, Acting General President and General Secretary-Treasurer. The protester alleges that
Mr. Sever had decided to exclude the Field Services Division from meetings scheduled for November 19 and 20, 1998, concerning a contract campaign at Anheuser-Busch. The protester claimed this action was in further retaliation for his candidacy for International Trustee on the Tom Leedham “Rank and File Power” Slate.
The protester now advises the Election Officer that he wishes to withdraw the protest. The Election Officer finds that the withdrawal effectuates the purpose of the Rules and permits the protest to be WITHDRAWN.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 (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