September 23, 1998
VIA FIRST CLASS MAIL
Walter Engelbert
September 23, 1998
Page 1
Walter Engelbert, Sec.-Treas.
Teamsters Local Union 670
750 Browning Avenue, S.E.
Salem, OR 97302
Robert M. Baptiste, Esq.
Baptiste & Wilder, PC
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
David L. Neigus, Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Walter Engelbert
September 23, 1998
Page 1
Re: Election Office Case No. PR-239-LU670-EOH
Reissued Decision
Gentlemen:
Walter Engelbert, secretary-treasurer of Local Union 670, 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 Tom Leedham and the IBT. Mr. Leedham is the Director of the IBT’s Warehouse Division and a candidate for general president. Mr. Englebert alleged that issues of the Food Processing News, the Teamsters Warehouse News and the Warehouse News August, 1998, were “produced and distributed as part of a coordinated, sophisticated scheme to utilize the Union resources to promote the candidacy of Tom Leedham and the Leedham Slate.”
The Election Office issued a decision in this matter on September 18, 1998. On the same date, but after the decison issued, the protester wrote a letter expressing a desire to withdraw the protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, withdraws his previous decision and permits the protest to be WITHDRAWN.
Walter Engelbert
September 23, 1998
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, 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
cc: Kenneth Conboy, Election Appeals Master