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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 28, 1999




Donald S. Scott

May 28, 1999

Page 1


Donald S. Scott, President

Teamsters Local Union 728

2540 Lakewood Ave. SW

Atlanta, GA 30315


Earl Parker

129 Fletcher Ford Rd.

Fayetteville, GA 30214


Charlie Gardner Campaign Headquarters

3224 Highway 67 East

Suite 105

Mesquite, TX 75217


Aaron Belk

6502 Poplar Corner

Walls, MS  38680

Doug Mims

1645 Brantford Drive

Tucker, GA  30084


James L. Hicks Jr., P.C.

2777 N. Stemmons Freeway, Suite 1100



Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, DC  20009


Patrick J. Szymanski, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC  20001

Donald S. Scott

May 28, 1999

Page 1


Re:  Election Office Case Nos. SR-29-LU728-NYC




Don Scott, president of Local Union 728, 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 Earl Parker, a member of Local 728.  The protester alleges that Mr. Parker distributed and posted election campaign material in the Local 728 office and on  a bulletin board.


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


The Election Officer Representative contacted Mr. Parker on May 26.  Without admitting that his distribution and posting of campaign materials was improper, Mr. Parker agreed that he would not distribute or post any additional campaign materials in the Union office, other than leaving materials on the table designated for that purpose, so long as all other campaign materials were similarly restricted.

Donald S. Scott

May 28, 1999

Page 1



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, Esquire

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

Barbara C. Deinhardt, Election Office Representative