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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


Hoffa Unity Slate

c/o Bradley T. Raymond, Esq.

Finkel, Whitfield, Selik,

              Raymond, Ferrara and Feldman

Suite 200

Farmington Hills, MI 48334


Aaron Belk

6502 Poplar Corner

Walls, MS 38680


Kenneth E. Hilbish, President

Teamsters Local Union 528

2540 Lakewood Avenue, SW

Atlanta, GA 30315


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.

32300 Northwestern Highway,

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-018-LU528-NYC




Doug 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 Local 528 and its president and business manager of Local Union 528, Kenneth Hilbish. The protestor alleges that Local 528 violated the Rules by maintaining a website that includes campaign material.


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


Without admitting that any improper use of union resources or union political endorsement took place, Mr. Hilbish has agreed to take down the website until after the certification of the election. The Election Officer’s Representative viewed the material while the website was active. After Mr. Hilbish promised to remove the material the Election Officer Representative visited the website again and found that it displays the following notice, and no other material:


Announcement to All

Local 528’s page has been removed for the publication blackout of the Southern Region VP rerun election. A new updated version will be published after the election is complete!


On May 6, the Election Officer contacted the protester and advised him that the alleged violation had been remedied.


The protest is therefore considered RESOLVED.


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