October 26, 1998
VIA FIRST CLASS MAIL
Michael P. Hennessy
October 26, 1998
Page 1
Michael P. Hennessy
218 Woodlawn Avenue
Collingdale, PA 19023
John W. Braxton
4712 Windsor Avenue
Philadelphia, PA 19143
David L. Neigus
Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Sever, Acting General
President/Secretary-Treasurer
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Michael P. Hennessy
October 26, 1998
Page 1
Re: Election Office Case No. PR-286-IBT-EOH
Gentlemen:
Michael Hennessy, a member of Local Union 623, 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 John Braxton, an employee with the Education Department of the IBT.[1] The protester claims that on September 2, 1998, Mr. Braxton was distributing Leedham campaign literature to UPS employees at the Philadelphia Airport facility on union time in violation of the Rules.
In response, Mr. Braxton claims that he distributed Leedham campaign literature to UPS employees at the Philadelphia Airport facility on September 3, 1998, not September 2, 1998, as the protester alleges, and that he was on vacation time while doing so.
Michael P. Hennessy
October 26, 1998
Page 1
The protest was investigated by Protest Chief Mary Leary.
The investigation confirmed Mr. Braxton’s assertions that he was campaigning at the Philadelphia Airport with other Leedham supporters Joe Kirkwood, Bill Shanahan and John McCormick, candidate for general secretary-treasurer on the Leedham slate, on September 3, 1998, and was on vacation time while doing so.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
[1]Mr. Braxton has resigned from the IBT since this protest was filed.