April 30, 1999
VIA FIRST-CLASS MAIL
Ken Faulk
April 30, 1999
Page 1
Ken Faulk
23319 Whispering Willow
Spring, TX 77373
J.D. Potter
Rural Route 2, Box 651
Decatur, TX 76234
Thomas M. Burnette, Secretary-Treasurer
Teamsters Local Union 19
223 Wood Street
Grapevine, TX 76051
Lora Frascone, Business Agent
Teamsters Local Union 19
223 Wood Street
Grapevine, TX 76051
Tom Beck, Shop Steward
Teamsters Local Union 19
223 Wood Street
Grapevine, TX 76051
Aaron Belk
6502 Poplar Corner
Walls, MS 38680
Charlie Gardner Campaign Headquarters
3224 Highway 67 East
Suite 105
Mesquite, TX 75150
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
James L. Hicks Jr., P.C.
P.O. Box 560388
Dallas, TX XXX-XX-XXXX
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
Patrick J. Szymanski, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
Ken Faulk
April 30, 1999
Page 1
Re: Election Office Case Nos. SR-15-LU19-BCD
Gentlemen:
Ken Faulk
April 30, 1999
Page 1
Ken Faulk, a member of Local Union 19, 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 J.D. Potter, President of Local 19, Lori Frascone, Business Agent for Local 19 and Tom Beck, shop steward for Local 19 at Southwest Airlines. The protester alleges that Ms. Frascone and Mr. Beck, at the apparent direction of Mr. Potter, refused to allow supporters of any candidate other than Charlie Gardner to post campaign material on the union bulletin boards at the Southwest Airlines facility in Houston.
The protest was investigated by Election Officer Representative Barbara C. Deinhardt.
The Election Officer Representative contacted Ms. Frascone on April 28. Without admitting that any improper exclusion of materials took place, Ms. Frascone gave her assurance that the situation “had all been taken care of” and that the shop steward, who retains custody of the key to the bulletin boards, had been instructed as to the proper policy and would take appropriate action on April 29. On April 30, the Election Officer Representative advised the protester that the alleged violation has been remedied.
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, 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 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.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, Esq.