December 5, 1996
VIA UPS OVERNIGHT
Jim Kidd
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Re: Election Office Case No. P-1330-LU31-PNW
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
Jim Kidd, a member of Local Union 31. Mr. Kidd alleges that a campaign sign measuring 6"14" on behalf of the Ron Carey No Corruption-No Dues Increase Slate was affixed to a railway crossing post on property belonging to Southern Railway of British Columbia (“Southern”).
In response, the Carey campaign states that it is unaware of such a sign. Southern denies any knowledge of the sign or that the railroad supports any candidate. When contacted, however, Southern stated that it would have the sign removed.
This protest was investigated by Regional Coordinator Christine M. Mrak.
Jim Kidd
December 5, 1996
Page 1
Butch Carey, a human relations representative for Southern, indicates that the sign has been removed. There is no evidence that any agent of Southern posted the sign, or that the sign constituted a prohibited employer endorsement or contribution under the Rules. In addition, Ron Carey’s campaign contacted campaign representatives in the area and attempted to facilitate its immediate removal. As stated above, however, the sign already has been removed.
Accordingly, the protest is RESOLVED.
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
Christine M. Mrak, Regional Coordinator