May 13, 1999
VIA FIRST-CLASS MAIL
Kenneth E. Hilbish
May 13, 1999
Page 1
Kenneth E. Hilbish, President
Teamsters Local Union 528
2540 Lakewood Avenue, SW
Atlanta, GA 30315
John Mays
Teamsters Local Union 528
2540 Lakewood Avenue, SW
Atlanta, GA 30315
Dave Leffers
Teamsters Local Union 528
2540 Lakewood Avenue, SW
Atlanta, GA 30315
Jim Reynolds
Teamsters Local Union 528
2540 Lakewood Avenue, SW
Atlanta, GA 30315
Donald S. Scott, President
Teamsters Local Union 728
2540 Lakewood Ave. SW
Atlanta, GA 30315
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
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, DC 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, DC 20001
Kenneth E. Hilbish
May 13, 1999
Page 1
Re: Election Office Case No. SR-25-MG
Gentlemen:
Kenneth E. Hilbish
May 13, 1999
Page 1
Kenneth Hilbish, President of IBT Local 528, 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 Southern Regional Vice Presidential candidate Doug Mims and IBT Local Union 728 in Atlanta, Georgia. The protester alleges that on Saturday, May 8, 1999, Local Union 728 allowed Doug Mims’ campaign supporters to distribute the Convoy Dispatch, published by Teamsters for a Democratic Union, in a parking area adjacent to the local union hall when members were exiting and entering a monthly membership meeting.
The protest was investigated by Regional Coordinator Maureen Geraghty.
Article VIII of the Rules allows members and candidates to distribute literature in parking lot areas adjacent to local unions halls.
The investigator contacted the protester and explained that the Rules permitted the conduct complained of by the protester. After receiving the explanation on the right to engage in campaign activities in local union parking lots, the protester withdrew the charge.
The protest is therefore considered RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Elections Appeals Master within one (1) day of receipt of this letter. The parties are reminded that absent extraordinary circumstances, no party may rely on evidence that was not presented to the Office of the Election Officer in any such appeal. Request 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 a hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, N.W., 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
Maureen Geraghty, Regional Coordinator