September 16, 1996
VIA UPS OVERNIGHT
Arthur Doty
September 16, 1996
Page 1
Arthur Doty, Jr.
24 Robbins Road
Sudbury, MA 01776
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Arthur Doty
September 16, 1996
Page 1
Re: Election Office Case No. P-953-LU504-EOH
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Arthur Doty, a member of Local Union 504. Mr. Doty contends that the determination of allegations made concerning General President Ron Carey’s role as primary beneficiary in a 1987 will may render Mr. Carey ineligible to run for International office, under the Rules.
The protester requests that the Election Officer investigate the veracity of a news report published in the July 14, 1996 issue of the New York Daily News. Mr. Doty claims that if the Election Officer determines that allegations referenced in the article are true then she should find Mr. Carey ineligible to run for International office. The charges referred to in the Daily News do not, however, allege a violation of the Rules. Investigation of such charges, where no Rules violation is alleged, does not fall within the jurisdiction of the Election Officer.
Accordingly, the protest is DENIED.
Arthur Doty
September 16, 1996
Page 1
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, 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