January 8, 1999
VIA FIRST-CLASS MAIL
Tom Leedham
January 8, 1999
Page 1
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Sandy Pope
Warehouse Division Representative
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Sam Carter
Executive Assistant to Acting
General President Tom Sever
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Sever, Acting General
President/Secretary-Treasurer
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Tom Leedham
January 8, 1999
Page 1
Re: Election Office Case No. PR-412-IBT-EOH
Gentlemen:
Tom Leedham
January 8, 1999
Page 1
Tom Leedham, secretary-treasurer of Local Union 206 and a candidate for IBT general president on the Tom Leedham “Rank and File Power” Slate (“Leedham Slate”), and Sandy Pope, IBT Warehouse Division Representative, 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 Sever, Acting General President and General Secretary-Treasurer and Sam Carter, Executive Assistant to the Acting General President. The protesters allege that Messrs. Sever and Carter failed to approve the travel authorization necessary for Ms. Pope to pursue the investigation of a labor issue in New Jersey and Maryland that directly impacted members employed within the jurisdiction of the Warehouse Division. Mr. Leedham and Ms. Pope contend that this action by Messrs. Sever and Carter constitutes retaliation against Ms. Pope due to her support for the Leedham Slate. Additionally, they assert that this action directly violates the cease and desist order issued in the Election Officer’s decision in Eckstein, PR-135-IBT-SCE (August 19, 1998), aff’d, 98 - Elec. App. - 369 (KC)(September 8, 1998).
On January 8, 1999, the Election Officer received a letter from counsel for Mr. Leedham and Ms. Pope 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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:
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