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Office of the Election Supervisor for the International Brotherhood of Teamsters

              June 2, 1999




Doug Mims

June 2, 1999

Page 1


Doug Mims

1645 Brantford Drive

Tucker, GA  30084


J.D. Potter, President

Teamsters Local Union 19

223 Wood Street

Grapevine, TX 76051


Charlie Gardner Campaign Headquarters

3224 Highway 67 East, Suite 105

Mesquite, TX 75217


Aaron Belk

6502 Poplar Corner

Walls, MS  38680

Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, DC  20009


James L. Hicks Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway



Patrick J. Szymanski, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC  20001

Doug Mims

June 2, 1999

Page 1




Doug Mims

June 2, 1999

Page 1


Southwest Airlines

P.O. Box 37611, Love Field

Dallas, TX   75235

Continental Airlines

Gateway 1, Suite 616

3663 Sam Houston Pkwy.

Houston, TX 77032

Doug Mims

June 2, 1999

Page 1


Re:              Election Office Case No. SR-30-LU19-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 Charlie Gardner, a candidate for Southern Region Vice-President.  The protester alleges that Mr. Gardner campaigned during work time in work areas at the facilities of Southwest Airlines and Continental Airlines at Hobby Airport in Houston, Texas.


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

Doug Mims

June 2, 1999

Page 1


There is no dispute about the basic facts.  On or about May 13, 1999, Charlie Gardner and Tom Beck, a steward at Southwest Airlines and a Business Agent for Local 19, went to the Southwest Airlines and Continental Airlines facilities at Hobby Airport.  Mr. Beck had a security badge giving him access to the hangars and he was able to get a Visitor Badge for Mr. Gardner at the security entrance to the facilities.  There is no evidence that security questioned Mr. Gardner's presence in any way.  There is also no evidence that management at the facilities, beyond the floor supervisors, knew of Mr. Gardner's presence.  Mr. Gardner and Mr. Beck walked through each facility and talked with members.  Mr. Gardner claims that his access to the Southwest and Continental facilities does not violate the Rules because he was escorted by someone who had a right to be on the property and who had a right to bring in visitors.  Mr. Mims did not campaign inside the facilities at either Southwest or Continental.


Without admitting any violation of the Rules, the Gardner campaign has agreed to resolve this protest by paying for a mailing by Doug Mims and Aaron Belk to IBT members employed by Southwest and Continental Airlines at the Hobby facility.


The protest is therefore 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, Esq.