May 12, 1999
VIA FIRST-CLASS MAIL
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
Dallas, TX XXX-XX-XXXX
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
Gentlemen:
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 Rules. See 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.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Maureen Geraghty, Regional Coordinator