January 20, 1999
VIA FIRST-CLASS MAIL
Gerard Whelan
January 20, 1999
Page 1
Gerard Whelan
41 Carldon Lane
Hauppaug, NY 11788
Daryl Gardener
Warehouse Director
White Rose Frozen Foods
380 Middlesex Avenue
Carteret, NJ 07008
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz and Cure
113 University Place
New York, NY 10003
Gerard Whelan
January 20, 1999
Page 1
Re: Election Office Case No. PR-392-LU805-EOH
Gentlemen:
Gerard Whelan, a member of Local Union 805, 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 White Rose Frozen Foods (“White Rose”). The protester alleges that White Rose denied him access to the parking lot of their Carteret, New Jersey facility when he arrived to campaign, in violation of the Rules.
On January 15, 1999, the Election Officer received a letter from Mr. Whelan expressing a desire to withdraw the 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be withdrawn.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 (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:
Gerard Whelan
January 20, 1999
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 a 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