May 12, 1999
VIA FIRST-CLASS MAIL
Doug Mims
May 12, 1999
Page 1
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Gaylon Meals, President
Teamsters Local Union 217
Hamilton Mills Shopping Center
Jackson, TN 38305
Billy D. Cullen, President
Teamsters Local Union 480
P.O. Box 100230
Nashville, TN XXX-XX-XXXX
Dave Hodgin, President
Teamsters Local Union 327
P.O. Box 60312
Nashville, TN 37206
Pete Bennett, President
Teamsters Local Union 667
796 East Brooks Road
Memphis, TN 38116
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
James L. Hicks Jr., P.C.
2777 N. Stemmons Freeway, Suite 1100
Dallas, TX XXX-XX-XXXX
Patrick J. Szymanski, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, D.C. 20001
Doug Mims
May 12, 1999
Page 1
Re: Election Office Case No. SR-22-MG
Gentlemen:
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”). The protester alleges that the Notice of Election was not posted at four identified locations. Based on that limited showing, the protester requested a “class-wide remedy” to address lack of posting throughout the Southern Region.
Doug Mims
May 12, 1999
Page 1
The protest was investigated by Regional Coordinator Maureen Geraghty.
The investigation found that each of the local unions identified in the protest had submitted affidavits attesting that the Notice of Election had been posted. The investigator contacted each identified local and secured an agreement to check bulletin boards and to repost any missing notices. Regarding local unions other than those identified in the protest; the Election Office obtained affidavits, shortly after distributing the Notice of Election, attesting that the Notice had been posted. Thus, there is no evidence of violations, much less a “class” of violations requiring broad relief.
The investigator discussed these findings with the protester’s counsel and the protester thereafter withdrew the charge.
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
Maureen Geraghty, Regional Coordinator