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Office of the Election Supervisor for the International Brotherhood of Teamsters


              August 14, 1998




Jim Powell

August 14, 1998

Page 1


Jim Powell

200 St. Benedict Lane

Florissant, MO  63033


John 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


Jim Powell

August 14, 1998

Page 1


Re:  Election Office Case No. PR-180-IBT-EOH




Jim Powell, a member of Local Union 688, 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”).  The protester alleges that an unknown person tricked him into using union resources for campaign purposes in violation of the Rules.  Further, Mr. Powell “believes” that this incident “could be part of the effort to find [create!] a reason” to terminate his current employment.


The protest was investigated by Election Office Counsel David S. Paull.


Mr. Powell is currently employed as an IBT International representative.  He states that on the afternoon of July 21, 1998, his union-owned electronic paging device displayed a phone number which he did not immediately recognize.  He dialed the number and was connected to the answering machine at the campaign headquarters of John Metz, a candidate for general president.  Mr. Powell states that upon hearing the recorded message, he immediately assumed that the call did not concern union business and terminated it.  Because the page was received on his union-business pager, Mr. Powell used his union credit card to make the call.


Mr. Powell cannot name the person who left the numeric message on his paging device and he concedes that the identity of this person is impossible to establish.  He has provided no evidence to substantiate his protest.


Accordingly, the protest is DENIED.

Jim Powell

August 14, 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.






Michael G. Cherkasky

Election Officer




cc:              Kenneth Conboy, Election Appeals Master