March 4, 1996
VIA UPS OVERNIGHT
Joseph J. Kirkwood
1625 Rywal Lane
Bensalem, PA 19020
Thomas Ryan, President
Teamsters Local Union 107
107 Spring Garden Street
Philadelphia, PA 19123
Re: Election Office Case No. P-478-LU107-PNJ
Gentlemen:
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
Joseph J. Kirkwood, a member of Local Union 107. The protester alleged that unknown officers of the local union instructed his employer to post notice concerning the distribution of campaign material. Mr. Kirkwood now advises the Election Officer that he wishes to withdraw his protest as the matter has been resolved by the union steward and the terminal manager. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
Joseph Kirkwood
March 4, 1996
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 N. Capitol Street, Suite 855, Washington, DC 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
Peter V. Marks, Sr., Regional Coordinator