November 4, 1996
VIA UPS OVERNIGHT
Arthur Ramirez
November 4, 1996
Page 1
Arthur Ramirez
2376 S. Lenox Street
Milwaukee, WI 53207
Mark Otte
United Parcel Service
12400 W. Bluemound Road
Elm Grove, WI 53122
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Paul Alan Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20036
Arthur Ramirez
November 4, 1996
Page 1
Re: Election Office Case No. P-1092-LU344-NCE
Gentlemen:
Arthur Ramirez, a member of Local Union 344, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). On October 15, 1996, Mr. Ramirez attempted to distribute campaign leaflets in package cars parked inside the United Parcel Service (“UPS”) facility in Elm Grove, Wisconsin, where he is an employee. In his protest, Mr. Ramirez alleged that he was prevented from performing this distribution, even though it has been past practice for UPS to allow its employees to distribute flyers in this manner. He was also issued a warning letter for his actions, which he alleges was in retaliation for his filing this protest.
UPS has now agreed to withdraw the warning letter it issued to Mr. Ramirez. Therefore, Mr. Ramirez has advised the Election Office that he wishes to withdraw his protest.
The Election Officer, finding that the withdrawal effectuates the purposes of the Rules, permits the protest to be WITHDRAWN.
Arthur Ramirez
November 4, 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, 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
Judith E. Kuhn, Regional Coordinator