July 21, 1998
VIA UPS OVERNIGHT
Erik Jensen
July 21, 1998
Page 1
Erik Jensen
4345 11th Avenue South
Minneapolis, MN 55407
Lois Stevenson, Human Resource Manager
Kevin Patterson, Director of Distribution and Customer Service
Fleming Companies, Inc.
3501 NE Marshal Street
Minneapolis, MN 55418
Tom Leedham Campaign Office
Post Office Box 15877
Washington, DC 20003
Erik Jensen
July 21, 1998
Page 1
Re: Election Office Case No. PR-163-LU320-NCE
Gentlemen:
Erik Jensen, a member of Local Union 320, 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”) alleging that on July 3, 1998, he and two other IBT members were refused permission to campaign in the employee parking lot at Fleming Companies, Inc. (“Fleming”).
Fleming admits that it denied access to the employee parking lot to these individuals but states that on July 9, 1998, it permitted the protester, Tom Leedham, a candidate for general president and others to campaign in the employee parking lot. Moreover, Fleming has agreed to permit such access for the duration of the International officer rerun election.
Mr. Jensen 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
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:
Erik Jensen
July 21, 1998
Page 1
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, 444 North Capitol Street, NW, Suite 445, 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
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator
Erik Jensen
July 21, 1998
Page 1
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