October 29, 1998
VIA FIRST CLASS MAIL
Paula W. Mullins
October 29, 1998
Page 1
Paula W. Mullins
P. O. Box Box 560419
Montverde, FL XXX-XX-XXXX
Andy Sokolowski, Supervisor
Trailer Conditions Inc.
10851 Cosmonaut Boulevard
Orlando, FL 32824
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
And Lewis
1600 Market Street
Philadelphia, PA 19103
Tom Leedham Campaign Office
P. O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Paula W. Mullins
October 29, 1998
Page 1
Re: Election Office Case No. PR-332-UPS-EOH
Gentlepersons:
Paula Mullins, a member of Local Union 385, 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 the management at Trailer Conditions, Inc. (“TCI”), a wholly-owned subsidiary of United Parcel Services (“UPS”). The protester alleges that UPS management is harassing her due to her status as the local campaign coordinator for the Tom Leedham “Rank and File Power” Slate. UPS denies the allegation.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
The investigation revealed that pursuant to the collective bargaining agreement between TCI and the union, a grievance has been filed by the local union concerning the alleged harassment of Ms. Mullins.
Paula W. Mullins
October 29, 1998
Page 1
The Election Officer has determined that his decision in this matter will be deferred until the conclusion of the grievance/arbitration procedure in the collective bargaining agreement. The Election Officer has, pursuant to the Rules, jurisdiction and authority to determine the instant protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by the Findings of Fact and Conclusions of Law made during the grievance process. See Golubovic, P-025-LU710-CHI (July 21, 1995); Henderson, Case No. P-760-LU25-ENG, aff'd, 91 - Elec. App. - 187; aff'd, U.S. v. IBT, 776 F.Supp. 144; aff'd, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer his decision in this matter, he has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon his determination and evaluation of the evidence presented to him in such an independent investigation. Ms. Mullins is advised to inform the Election Officer at the conclusion of the grievance processing and to provide a copy of any resulting arbitration award or settlement to the Election Officer.
Accordingly, the protest is DEFERRED.
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, 400 North Capitol Street, Suite 445, Washington, D.C. 20001,
Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master