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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 12, 1999




Charlie Gardner

May 12, 1999

Page 1


Charlie Gardner Campaign Headquarters

3224 Highway 67 East, Suite 105

Mesquite, TX 75150


Donald S. Scott, President

Teamsters Local Union 728

2540 Lakewood Avenue, SW

Atlanta, GA 30315


Teamsters for a Democratic Union

7437 Michigan Avenue

Detroit, MI 48210


Kenneth E. Hilbish, President

Teamsters Local Union 528

2540 Lakewood Avenue, SW

Atlanta, GA 30315


Doug Mims

1645 Brantford Drive

Tucker, GA 30084

Aaron Belk

6502 Poplar Corner

Walls, MS 38680


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

Suite 1100

2777 N. Stemmons Freeway



Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, DC 20009


Patrick J. Szymanski, Esq.

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC 20001

Charlie Gardner

May 12, 1999

Page 1


Re:  Election Office Case No. SR-21-MG




Charlie Gardner, a member of Local Union 745 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 Doug Mims, a candidate for Southern Region Vice-President and IBT Local Union 728.  The protester alleges that copies of the Teamsters for a Democratic Union (“TDU”) newspaper, Convoy Dispatch, contained campaign material and was improperly distributed at Local Union728.


The protest was investigated by Regional Coordinator Maureen Geraghty.

Charlie Gardner

May 12, 1999

Page 1


The investigation found that Local Union 728 has a literature table in the lobby of the union hall where members and campaigns are allowed to place literature or other items of interest to the members.  The Convoy Dispatch is available at this table.  Other campaign literature is available as well.  Local 728 had this literature distribution table set up and available to anyone long before the Southern Region Rerun Election.  The investigation found that Mr. Gardner was not denied the right to place his campaign literature at the hall. 


A local union literature distribution table, open to all candidates on equal terms, does not violate the RulesSee Art VII, § 11(c).


The investigator discussed this matter with counsel for the protester.  After that discussion, the protester withdrew the charge.


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.







Michael G. Cherkasky

Election Officer


cc:              Kenneth Conboy, Election Appeals Master

Maureen Geraghty, Regional Coordinator