April 24, 1996
VIA UPS OVERNIGHT
Bruno Franco
60 Topland Road
White Plains, NY 10605
Pride and Power Slate
c/o Lou Smith
37 Strawberry Hill
Hillsdale, NJ 07642
Re: Election Office Case No. P-688-LU810-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 Bruno Franco, a member of Local Union 810 and a candidate for delegate on the Equality slate.
Mr. Franco alleges that candidates on the Pride and Power slate, headed by Local Union 810 President Lou Smith, have posted campaign literature at the local union’s headquarters. The protester alleges that this was done while candidates were being paid by the union and that candidates on the Equality slate were not granted equal access.
This protest was investigated by New York City Protest Coordinator Barbara Deinhardt.
Mr. Franco did not personally observe the alleged campaign literature at the local union and did not provide any witnesses or evidence to support his claim. Article XIV, Section 1 of the Rules places the burden on the complainants “to present evidence that a violation has occurred.” Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations. In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).
Bruno Franco
April 24, 1996
Page 1
In consideration of the foregoing, his protest is DENIED.
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, 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
Barbara Deinhardt, New York City Protest Coordinator