December 14, 1998
VIA FIRST CLASS MAIL
Raul Lopez, Sec.-Treas.
Teamsters Local Union 396
880 Oak Park Road
Suite 200
Covina, CA 91724
Raul Rodriguez, Jr.
13882 Stagecoach Circle
Victorville, CA 92392
Mauricio Terrazas
3800 Bradford Street, #233
La Verne, CA 91750
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
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
Louis Pacheco, Route Supervisor
BFI Sun Valley
9200 Glenoaks Boulevard
Sun Valley, CA 91352
Re: Election Office Case No. PR-424-LU396-EOH
Gentlemen:
Raul Lopez, a member of Local Union 396, 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 Raul Rodriquez, Jr., a member of Local Union 630 and Mauricio Terrazas, a retiree of Local Union 63. The protester alleges that on November 10, 1998, Messrs. Rodriguez and Terrazas improperly attempted to post Leedham campaign literature inside the locked official union bulletin boards at BFI Sun Valley by impersonating as government officials. The protester claims that Messrs. Rodriguez and Terrazas demanded the key to the union bulletin boards from Luis Pacheco, a supervisor at BFI Sun Valley. The
Raul Lopez
December 14, 1998
Page 2
protester also alleges that Mr. Rodriguez produced false identification as a government agent and told Mr. Pacheco that he had access to the union bulletin boards. The protester notes that Local Union 396, and not Local Union 630, represents IBT members and controls the union bulletin boards at BFI Sun Valley.
Mr. Lopez now advises the Election Office that he wishes to withdraw his 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 The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.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