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Office of the Election Supervisor for the International Brotherhood of Teamsters

June 2, 1999




Wade D. Holitzke

June 2, 1999

Page 1


Wade D. Holitzke

16607 Old Houston Rd.

Conroe, TX 77302


J.D. Potter, President

Teamsters Local Union 19

223 Wood Street

Grapevine, TX 76051


Doug Mims

1645 Brantford Drive

Tucker, GA  30084


Doreen Gasman

2517 NE 13th Court

Fort Lauderdale, FL  33304


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.

Suite 1100

2777 N. Stemmons Freeway



Patrick J. Szymanski, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC  20001


Wade D. Holitzke

June 2, 1999

Page 1


Re:  Election Office Case No.  SR-31-LU19-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 Wade D. Holitzke, a member of Local Union 19 against J.D. Potter, President of Local Union 19.  He asserts that Mr. Potter threatened to retaliate against him in processing a grievance based on Mr. Holitzke’s support for Doug Mims in the Southern Region Rerun Election. 


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


Wade D. Holitzke

June 2, 1999

Page 1


On Tuesday, May 18, 1999, Local 19 held a regular membership meeting.  In the course of the meeting, the protester asked Mr. Potter a questions about the status of grievances he had filed (one concerning overtime and one concerning a supervisor tearing up his overtime grievance) and about the legal nature of a grievance form.  Mr. Potter responded belligerently to Mr. Holitzke’s question, refusing to answer it.  When IBT Representative Vince Hickman attempted to intervene and respond to Mr. Holitzke’s question, Mr. Potter swore at him and the encounter between the three men became loud and aggressive, with much swearing.  In the course of the exchange, Mr. Potter made reference to “Doug [Mims]” and “Doreen [Gasman].”  According to Mr. Holitzke, Mr. Potter accused Mr. Holitzke of being responsible for Ms. Gasman and Mr. Mims coming to Southwest Airlines to campaign and for Mr. Mims sending Mr. Potter a small Jack-in-the-Box clown head he had on the end of a pencil.  Mr. Hickman said that Mr. Potter pointed to the Jack-in-the-Box clown head, on which he had written the names of TDU, Doreen Gasman and Doug Mims, and said “I got this in the mail from Doug Mims.  Doreen Gasman and TDU pukes (sic).”  Mr. Potter states that he responded to Mr. Holitzke’s inquiry about the nature of a grievance form by suggesting that he ask Doug and Doreen.  Mr. Holitzke and Mr. Potter then began to threaten each other with physical violence and each invited the other to a fight.  Mr. Hickman managed to separate them and to get Mr. Holitzke outside the meeting room.


Mr. Holitzke claims that Mr. Potter’s statement showed that Mr. Potter was going to retaliate against him because of his support for Doug Mims by refusing to process his grievances.  It appears, however, that Mr. Holitzke’s grievance concerning overtime is now pending at arbitration and his grievance against a supervisor for tearing up his overtime grievance was resolved when the supervisor apologized to Mr. Holitzke.  Even assuming that Mr. Potter’s reference to Mims and Gasman was made as Mr. Holitzke reported, it did not constitute a threat to retaliate against Mr. Holitzke.  Mr. Potter did not refer to Mr. Holitzke’s grievances, or how they would be processed, in his statements about Mr. Mims and Ms. Gasman. 


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


Wade D. Holitzke

June 2, 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.