November 19, 1996
VIA UPS OVERNIGHT
Doug Mims
November 19, 1996
Page 1
Doug Mims, Vice President
International Brotherhood of Teamsters
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Richard Brook
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Victor Farvet
12790 S.W. 25th Terrace
Miami, FL 33175
James Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Doug Mims
November 19, 1996
Page 1
Re: Election Office Case No. P-1213-LU390-SEC
Gentlemen:
Doug Mims, an International vice president and candidate for reelection, and
Victor Farvet, a member of Local Union 390 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 UPS denied the protesters access to that part of the employee parking lot at its Hialeah Florida facility where campaigning had previously been permitted.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
Mr. Mims now advises that he has been granted access to the facility in an area which has previously been used for campaigning in the past and therefore wishes to withdraw his protest. Accordingly, the protest, as filed by Mr. Mims, is WITHDRAWN.
Doug Mims
November 19, 1996
Page 1
Mr. Farvet has not withdrawn the protest. However, the protesters have now been permitted access to the facility. Therefore, the Election Officer finds that Mr. Farvet’s contentions have been adequately addressed. Accordingly, the protest, as filed by Mr. Farvet, is RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
J. Griffin Morgan, Regional Coordinator