November 18, 1998
VIA FIRST-CLASS MAIL
J.D. Potter
November 18, 1998
Page 1
J.D. Potter
Rural Route 2
Box 651
Decatur, TX 76234
Thomas R. Salinas
7023 Crested Quail
San Antonio, TX 78250
John Metz, Secretary-Treasurer
Teamsters Local Union 610
1401 Hampton Avenue
St. Louis, MO 63139
James L. Hicks, Jr., Esq.
2777 N. Stemmons Freeway, Suite 1100
Dallas, TX 75207
John Metz Slate
c/o Jim Smith
2833 Cottman Avenue
Philadelphia, PA 19149
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust, Suite 818
St. Louis, MO 63101
J.D. Potter
November 18, 1998
Page 1
Re: Election Office Case No. PR-372-LU19-EOH
Gentlemen:
J.D. Potter, a candidate for Southern Region vice-president, 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 John Metz, a candidate for general president, and Thomas Salinas, an IBT International representative, campaigned at Pinnacle, an employer of IBT members, in El Paso, Texas, on Friday, October 26, 1998 while on union time.
Messrs. Metz and Salinas respond that they used their vacation time to campaign at Pinnacle on October 23, 1998.
The protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
The investigation confirmed that Messrs. Metz and Salinas campaigned at the Pinnacle facility on Friday, October 23, 1998 while on vacation. The investigator confirmed with Patrick Ortega, Director of Human Resources and Labor Relations, that Messrs. Metz and Salinas were at the facility on October 23 and not October 26, 1998.
J.D. Potter
November 18, 1998
Page 1
Based on the foregoing, 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