March 12, 1996
VIA UPS OVERNIGHT
Arthur Heath
March 12, 1996
Page 1
Arthur Heath
28 Ashwood Drive
Shirley, NY 11967
James Devorak
15 Bear Street
Selden, NY 11784
Executive Board
Teamsters Local Union 707
14 Front Street
Hempstead, NY 11550
Arthur Heath
March 12, 1996
Page 1
Re: Election Office Case No. P-502-LU707-NYC
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
Arthur Heath, a member of Local Union 707. The protester alleged that James Devorak, a Local Union 707 steward, threatened to retaliate against him for exercising campaign rights under the Rules. Subsequent to filing this protest, the president of the local union sent a letter to Mr. Heath and a letter to be posted at the employer, which states that the local union will not retaliate against any member for supporting the candidate of their choice. Mr. Heath now advises the Election Officer that he considers the matter to be resolved and he wishes to withdraw his 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
Arthur Heath
March 12, 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 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
Arthur A. Wasserman, Regional Coordinator