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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 26, 1999




Kenneth Hilbish

May 26, 1999

Page 1


Kenneth E. Hilbish, President

Teamsters Local Union 528

2540 Lakewood Avenue, SW

Atlanta, GA  30315


Doug Mims

1645 Brantford Drive

Tucker, GA  30084


Donald S. Scott, President

Teamsters Local Union 728

2540 Lakewood Ave. SW

Atlanta, GA 30315


Aaron Belk

6502 Poplar Corner

Walls, MS  38680

Charlie Gardner Campaign Headquarters

3224 Highway 67 East, Suite 105

Mesquite, TX 75217


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, DC  20009


James L. Hicks Jr., P.C.

2777 N. Stemmons Freeway, Suite 1100



Patrick J. Szymanski, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC  20001

Kenneth Hilbish

May 26, 1999

Page 1


Re:  Election Office Case No.  SR-27-LU728-NYC




A protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), by Kenneth Hilbish, President of Local Union 528, against Doug Mims, a member of Local Union 728 and against Local Union 728.  Mr. Hilbish asserts that Mr. Mims has been campaigning for Southern Region Vice-President while on the payroll of Local 728.


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


According to Mr. Hilbish, when Mr. Mims was removed as Southern Region Vice-President, he was hired by Local 728.  Mr. Hilbish alleges that Mr. Mims has been seen at the office of Local 728 on only a few occasions since that hiring.  Mr. Hilbish alleges that if Mr. Mims is being paid by Local 728 to work, that would constitute a misuse of Union resources.  Mr. Hilbish presented no evidence of any payments by Local Union 728. 

Kenneth Hilbish

May 26, 1999

Page 1



Mr. Mims advised the Election Office Representative that from 1990 to 1992 he was a full-time Business Agent of Local 728.  He has been a part-time Business Agent since his election in 1992 as IBT Southern Region Vice-President.  After 1992, he continued to assist Local 728 part-time on a number of assignments in which he had been involved as a full-time employee, particularly negotiation of various white paper contracts.  As a part-time employee, he was paid a salary of $100 per week for each week in which he performed any work for Local 728.  He contributed the $100 (minus taxes) to a Local 728 scholarship fund.  In addition, the Local paid his pension and his health and welfare contributions.


Since his removal as IBT Vice-President on March 19, 1999, Mr. Mims has continued as a part-time employee of Local 728.  From January 1999 until mid-April 1999, he worked more than full-time, but continued to receive a salary of only $100 per week.  Since April 20, when he began to campaign for election as Southern Region Vice-President, he has not worked as a Local 728 employee except on a sporadic basis and so was not entitled to either the $100 per week salary or the payment for pension and health and welfare.  The Local inadvertently made a $100 weekly salary payment once since April 20 and Mr. Mims has reimbursed the Local for that payment.  He is paying his health and welfare himself and is not receiving any pension credit for these weeks.  Mr. Mims’ account of his compensation arrangement with Local 728 is corroborated by records received from Local 728.


Article XII, Section 1(b) (4) of the Rules states that “[n]o member may campaign for him/herself or for any other candidate during time that is paid for by the Union.”  In this case, there is no evidence that Local 728 has paid Mr. Mims for the time when he was campaigning and not working for the Local.


Accordingly, the protest is DENIED.


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


Kenneth Hilbish

May 26, 1999

Page 1


Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 N. Capitol Street NW, 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

Barbara C. Deinhardt, Esq.