November 22, 1998
VIA FIRST CLASS MAIL
Donald Fahey
November 23, 1998
Page 1
Donald Fahey
13 Devore Road
Flemington, NJ 08822
Ed Murcia
Vice-President of Manufacturing
Silverline Building Products, Inc.
1 Silverline Drive
North Brunswick, NJ 08902
Bob Perez
Human Resources Director
Silverline Building Products, Inc.
1 Silverline Drive
North Brunswick, NJ 08902
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
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Donald Fahey
November 23, 1998
Page 1
Re: Election Office Case No. PR-378-LU863-NYC
Gentlemen:
Donald Fahey, a member of Local Union 863, 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 Silverline, Inc. in Brunswick, New Jersey. The protester alleged that Silverline refused to permit him and other IBT members to campaign in the employee parking lot on November 3, 1998.
New York City Protest Coordinator Barbara Deinhardt discussed the access provisions with Silverline, who subsequently granted access to the protester. Based on these actions, the protester has advised the Election Office that he wished to withdraw the protest. The Election Officer finds that the withdrawal effectuates the purpose of the Rules and permits the protest to be WITHDRAWN.
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Donald Fahey
November 23, 1998
Page 1
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
Barbara Deinhardt, NYC Protest Coordinator
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