December 2, 1996
VIA UPS OVERNIGHT
Albert Stearns
December 2, 1996
Page 1
Albert Stearns
11 Minthorne Street
Worcester, MA 01603
Richard Foley, Secretary-Treasurer
Teamsters Local Union 170
805 Millbury Street
Worcester, MA 01607
Stuart B. Mundy, Secretary-Treasurer
Teamsters Local Union 251
121 Brightridge Avenue
East Providence, RI 02914
Albert Stearns
December 2, 1996
Page 1
Re: Election Office Case No. P-1300-LU170-EOH
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
Albert Stearns, a member of Local Union 170. Mr. Stearns alleges that Richard Foley, secretary-treasurer of Local Union 170, refuses to accept his dues in order to prevent the protester from voting in the International officer election.
Mr. Foley states that his refusal to accept Mr. Stearns’ dues arose from a belief that Mr. Stearns is no longer a member of Local Union 170 but has been transferred to Local Union 251 at the request of Stuart Mundy, the secretary-treasurer of that local union.
Election Office Staff Attorney Jonathan K. O’Neill investigated the protest.
After a discussion with the investigator, Mr. Foley agreed to accept Mr. Stearns’ dues for November 1996. The investigation revealed that Mr. Stearns has paid his dues for November 1996 to Local Union 170 and that the local union has accepted these dues.
Accordingly, the protest is RESOLVED.
Albert Stearns
December 2, 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