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Office of the Election Supervisor for the International Brotherhood of Teamsters

May 7, 1999




Doug Mims

1645 Brantsford Drive

Tucker, GA 30084


Bradley T. Raymond, Esq.

Finkel, Whitfield, Selik,

              Raymond, Ferrara and Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street, NW

Washington, DC 20009


James P. Hoffa, General President

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, D.C. 20001


James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway



Charlie Gardner Campaign

c/o James L. Hicks, Jr., P.C.

1007 Jonelle Street

Dallas, TX 75217


Patrick J. Szymanski, Esq.

General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, D.C. 20001



              Re:               Election Office Case No. SR-017-LU728-NYC




Douglas Mims, a member of Local Union 728 and a candidate for Southern Region vice-president, 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 Hoffa Slate and Charlie Gardner, alleging that the Hoffa Slate issued an endorsement of Charlie Gardner on its own letterhead. Counsel for the Hoffa Slate claims that the protest is untimely, having been filed three weeks after the issuance of the letter, that the expenditure of Hoffa Slate resources was de minimis, and that the letter was merely an endorsement as allowed by the Southern Rerun Plan.


The protest was investigated by Election Officer Representative Barbara C. Deinhardt.


The facts are undisputed that James Hoffa, Ken Wood and Tyson Johnson signed a one-page letter, dated April 7, 1999, endorsing Charles Gardner for Southern Region Vice-President. The letter was typed on Hoffa Slate letterhead. After the letter was prepared, it was given to the Gardner Campaign for mass reproduction and distribution at the campaign’s expense.


The letter was supplied to the Election Officer in connection with another case on April 14 in connection with SR-09 and on April 22 in connection with SR-10. Given that the letter was first provided to the Election Officer within a few days after it was distributed. The Election Officer is exercising his discretion to consider the protest on its merits.


The Southern Region Rerun Plan provides that no candidate or slate of candidates from a previous election may make any contributions to a candidate in the Southern Region rerun election. See Southern Region Rerun Plan §V. In this case, minimal resources of the Hoffa Slate, in the form of letterhead and possibility some photocopying service, were in fact used to help issue the Gardner support letter. The protest is therefore GRANTED, but because the expenditure of resources was so small, the Election Officer will not order a remedy. The decision is to make clear that no candidate or slate from a prior election can contribute or expend their remaining campaign funds or resources to support a Southern Region rerun candidate.


The protest is therefore GRANTED but no remedy is ordered.


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.





/s/ Michael G. Cherkasky

Michael G. Cherkasky

Election Officer




cc:              Kenneth Conboy, Election Appeals Master

Barbara C. Deinhardt, Election Officer Representative