December 18, 1997
VIA UPS OVERNIGHT
James E. Smith, Jr.
December 18, 1997
Page 1
James E. Smith, Jr.
2833 Cottman Avenue
Philadelphia, PA 19149
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Thomas B. Griffith, Pres.
Teamsters Local Union 776
2552 Jefferson Street
Harrisburg, PA 17110
Rite-Aid Corporation
431 Railroad Avenue
Shiremanstown, PA 17011
Susan Davis, Esq.
Cohen, Weiss and Simon
330 West 42nd Street
New York, NY 10036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James E. Smith, Jr.
December 18, 1997
Page 1
Re: Election Office Case No. PR-042-LU776-NYC
Gentlemen:
James E. Smith Jr., a member of Local Union 115, 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”) against James P. Hoffa, a candidate for general president, Thomas B. Griffith, president of Local Union 776 and Rite-Aid Corporation (“Rite-Aid”). Mr. Smith alleged that Mr. Griffith improperly campaigned on union-paid time and that Mr. Hoffa was granted access to a Rite-Aid distribution center in violation of the Rules.
Mr. Smith now advises the Election Office that he wishes to withdraw his protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
James E. Smith, Jr.
December 18, 1997
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 North Capitol Street, NW, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Regional Coordinator