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Office of the Election Supervisor for the International Brotherhood of Teamsters

              June 11, 1999




Doug Mims

June 11, 1999

Page 1


Doug Mims

1645 Brantford Drive

Tucker, GA 30084


Dan Pelicano

United Parcel Service

6001 East 8 Avenue

Hialeah, Fl  33013


Aaron Belk

6502 Poplar Corner

Walls, MS 38680


Charlie Gardner Campaign Headquarters

3224 Highway 67 East, Suite 105

Mesquite, TX 75150


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, D.C. 20009

Gary M. Tocci, Esq.

Schnader, Harrison, Segal and Lewis

1600 Market Street

Philadelphia, PA  19103


James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway



Patrick J. Szymanski, Esq.

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, D.C.  20001


Doug Mims

June 11, 1999

Page 1


Re:  Election Office Case No. SR-33-MG




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 a UPS facility in Hialeah, Florida.


The protest was investigated by Regional Coordinator Maureen Geraghty.


Doug Mims

June 11, 1999

Page 1


The investigation established that Doug Mims went to the UPS facility in Hialeah, Florida on May 27, 1999 to campaign in support of his candidacy for Southern Region Vice-President.  Mr. Mims went directly to the employee entrance and exit area and began distributing literature to employees as they entered and exited the facility.  UPS security notified Mr. Mims he was not permitted to distribute literature from that location  because it was near a customer entrance area.  Mr. Mims left the facility shortly thereafter because he was unable to successfully leaflet employees entering or exiting the facility from any other location.

The evidence obtained pursuant to the investigation established that Mr. Mims was distributing campaign material in an area of the employee parking lot that provided meaningful access to IBT members employed at the facility.


UPS agreed to allow Mr. Mims and or his supporters to leaflet immediately adjacent to the employee entrance and exits. Based on UPS’s decision permitting Mr. Mims to campaign in the employee entrance and exit area, Mr. Mims has decided to withdraw the protest.


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

Maureen Geraghty, Regional Coordinator