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Office of the Election Supervisor for the International Brotherhood of Teamsters

              June 10, 1999




Christopher Welsh

June 10, 1999

Page 1


Christopher Welsh

1322 Woodingham Drive

Rockledge, FL 32955


Mario Ferenac, President

Teamsters Local Union 385

126 North Kirkman Rd.



Doug Mims

1645 Brantford Drive

Tucker, GA  30084


Jack Barmon, Esq.

Teamsters Local Union 385

126 North Kirkman Rd.



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

Christopher Welsh

June 10, 1999

Page 1


Re:  Election Office Case No. -SR-32-385-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 Christopher Welsh, member of Local 385, against Mario Ferenac, President of Local 385.  Mr. Welsh asserts that Mario Ferenac was campaigning for Doug Mims while on official union time.


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


Christopher Welsh

June 10, 1999

Page 1


On Friday, May 21, 1999, from approximately 3:00 p.m. until 5:00 p.m., Doug Mims, Local 385 Business Agent Jack Barmon and two others were campaigning at the Dolphin Hotel. The protester alleges that they were also there in the morning and that he has been told that Mr. Ferenac was with them.  Mr. Mims, Mr. Barmon and Mr. Ferenac all deny that Mr. Ferenac was there.  According to Mr. Ferenac, he was at the Dolphin Hotel in the morning on union business, but then went to lunch and then back to the Union hall for an Executive Board meeting that lasted all afternoon. The protester produced no evidence to contradict Mr. Ferenac’s statements.


Accordingly, the protest is DENIED.


In the course of the investigation, Mr. Ferenac was evasive, uncooperative and untruthful in responding to the questions from the Election Officer Representative. He denied having any record of his activities of May 21 until he was confronted with contrary evidence. Then he replied that he may have destroyed the records the previous day, despite an outstanding request from the Election Officer Representative for these records. Until confronted with contrary statements he had made to a third party, Mr. Ferenac repeatedly denied having been at the Dolphin Hotel at all on May 21, denied having been there in the afternoon of May 21, or denied being able to recall if he had been there.  Despite frequent reminders from the Election Officer Representative that he was obligated under the Consent Order to cooperate with the Election Officer and to answer truthfully, he did not truthfully and/or fully answer the Election Officer Representative’s questions. This matter will therefore be referred to the Independent Review Board for whatever action it deems appropriate.


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


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.