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Office of the Election Supervisor for the International Brotherhood of Teamsters

October 29, 1998




Paula W. Mullins

October 29, 1998

Page 1


Paula W. Mullins

P. O. Box Box 560419

Montverde, FL XXX-XX-XXXX


Andy Sokolowski, Supervisor

Trailer Conditions Inc.

10851 Cosmonaut Boulevard

Orlando, FL 32824


Gary M. Tocci, Esq.

Schnader, Harrison, Segal

   And Lewis

1600 Market Street

Philadelphia, PA 19103


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

Paula W. Mullins

October 29, 1998

Page 1



Re: Election Office Case No. PR-332-UPS-EOH




Paula Mullins, a member of Local Union 385, 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 the management at Trailer Conditions, Inc. (“TCI”), a wholly-owned subsidiary of United Parcel Services (“UPS”). The protester alleges that UPS management is harassing her due to her status as the local campaign coordinator for the Tom Leedham “Rank and File Power” Slate.  UPS denies the allegation.


The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.


The investigation revealed that pursuant to the collective bargaining agreement between TCI and the union, a grievance has been filed by the local union concerning the alleged harassment of Ms. Mullins.


Paula W. Mullins

October 29, 1998

Page 1


The Election Officer has determined that his decision in this matter will be deferred until the conclusion of the grievance/arbitration procedure in the collective bargaining agreement.  The Election Officer has, pursuant to the Rules, jurisdiction and authority to determine the instant protest on its merits.  Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by the Findings of Fact and Conclusions of Law made during the grievance process.  See Golubovic, P-025-LU710-CHI (July 21, 1995); Henderson, Case No. P-760-LU25-ENG, aff'd, 91 - Elec. App. - 187; aff'd, U.S. v. IBT, 776 F.Supp. 144; aff'd, 954 F.2d 801 (2d Cir. 1992).


Thus, while the Election Officer will defer his decision in this matter, he has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon his determination and evaluation of the evidence presented to him in such an independent investigation.  Ms. Mullins is advised to inform the Election Officer at the conclusion of the grievance processing and to provide a copy of any resulting arbitration award or settlement to the Election Officer.


Accordingly, the protest is DEFERRED.


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 North Capitol Street, Suite 445, Washington, D.C. 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