June 2, 1999
VIA FACSIMILE
Wade D. Holitzke
June 2, 1999
Page 1
Wade D. Holitzke
16607 Old Houston Rd.
Conroe, TX 77302
J.D. Potter, President
Teamsters Local Union 19
223 Wood Street
Grapevine, TX 76051
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Doreen Gasman
2517 NE 13th Court
Fort Lauderdale, FL 33304
Aaron Belk
6502 Poplar Corner
Walls, MS 38680
Charlie Gardner Campaign Headquarters
3224 Highway 67 East, Suite 105
Mesquite, TX 75217
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
James L. Hicks Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX XXX-XX-XXXX
Patrick J. Szymanski, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
Wade D. Holitzke
June 2, 1999
Page 1
Re: Election Office Case No. SR-31-LU19-NYC
Gentlemen:
A protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Wade D. Holitzke, a member of Local Union 19 against J.D. Potter, President of Local Union 19. He asserts that Mr. Potter threatened to retaliate against him in processing a grievance based on Mr. Holitzke’s support for Doug Mims in the Southern Region Rerun Election.
The protest was investigated by Election Office Representative Barbara C. Deinhardt.
Wade D. Holitzke
June 2, 1999
Page 1
On Tuesday, May 18, 1999, Local 19 held a regular membership meeting. In the course of the meeting, the protester asked Mr. Potter a questions about the status of grievances he had filed (one concerning overtime and one concerning a supervisor tearing up his overtime grievance) and about the legal nature of a grievance form. Mr. Potter responded belligerently to Mr. Holitzke’s question, refusing to answer it. When IBT Representative Vince Hickman attempted to intervene and respond to Mr. Holitzke’s question, Mr. Potter swore at him and the encounter between the three men became loud and aggressive, with much swearing. In the course of the exchange, Mr. Potter made reference to “Doug [Mims]” and “Doreen [Gasman].” According to Mr. Holitzke, Mr. Potter accused Mr. Holitzke of being responsible for Ms. Gasman and Mr. Mims coming to Southwest Airlines to campaign and for Mr. Mims sending Mr. Potter a small Jack-in-the-Box clown head he had on the end of a pencil. Mr. Hickman said that Mr. Potter pointed to the Jack-in-the-Box clown head, on which he had written the names of TDU, Doreen Gasman and Doug Mims, and said “I got this in the mail from Doug Mims. Doreen Gasman and TDU pukes (sic).” Mr. Potter states that he responded to Mr. Holitzke’s inquiry about the nature of a grievance form by suggesting that he ask Doug and Doreen. Mr. Holitzke and Mr. Potter then began to threaten each other with physical violence and each invited the other to a fight. Mr. Hickman managed to separate them and to get Mr. Holitzke outside the meeting room.
Mr. Holitzke claims that Mr. Potter’s statement showed that Mr. Potter was going to retaliate against him because of his support for Doug Mims by refusing to process his grievances. It appears, however, that Mr. Holitzke’s grievance concerning overtime is now pending at arbitration and his grievance against a supervisor for tearing up his overtime grievance was resolved when the supervisor apologized to Mr. Holitzke. Even assuming that Mr. Potter’s reference to Mims and Gasman was made as Mr. Holitzke reported, it did not constitute a threat to retaliate against Mr. Holitzke. Mr. Potter did not refer to Mr. Holitzke’s grievances, or how they would be processed, in his statements about Mr. Mims and Ms. Gasman.
Accordingly, the protest is DENIED.
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
Wade D. Holitzke
June 2, 1999
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 N. Capitol Street NW, 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
Barbara C. Deinhardt, Esq.