October 5, 1995
VIA UPS OVERNIGHT
James A. Beck
3548 Turkeyfoot Road
Erlanger, KY 41018
Re: Election Office Case No. P-164-LU100-EOH
Sir:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by James A. Beck, a member of Local Union 100. Due to the high volume of early eligibility requests several months prior to the nomination meeting, the Election Officer sent letters to a number of requesters, indicating that the requests would not be processed until 30 days prior to their nomination meeting. The protester objected to the Election Officer’s refusal of his request that his eligibility to run for delegate be verified within five days of his request pursuant to
Article VII, Section 4(a) of the Rules in order to give him adequate time to plan his election campaign. The Election Officer determined that the protester was correct and changed her policy. As a result, the Election Officer is now responding to requests for eligibility to run in local union delegate or alternate delegate elections within five days. By letter dated Septem-ber 22, 1995, the Election Officer transmitted the protester’s eligibility report to him, thus resolving the protest.
Mr. Beck now advises the Election Officer that he wishes to withdraw his protest. The Election Officer, finding that the protest has been resolved and that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
James A. Beck
October 5, 1995
Page 1
Kenneth Conboy, Esq.
Latham and 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, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator