June 11, 1999
VIA FACSIMILE
Doug Mims
June 11, 1999
Page 1
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Dan Pelicano
United Parcel Service
6001 East 8 Avenue
Hialeah, Fl 33013
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
Gary M. Tocci, Esq.
Schnader, Harrison, Segal and Lewis
1600 Market Street
Philadelphia, PA 19103
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX XXX-XX-XXXX
Patrick J. Szymanski, Esq.
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, D.C. 20001
Doug Mims
June 11, 1999
Page 1
Re: Election Office Case No. SR-33-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”) against a UPS facility in Hialeah, Florida.
The protest was investigated by Regional Coordinator Maureen Geraghty.
Doug Mims
June 11, 1999
Page 1
The investigation established that Doug Mims went to the UPS facility in Hialeah, Florida on May 27, 1999 to campaign in support of his candidacy for Southern Region Vice-President. Mr. Mims went directly to the employee entrance and exit area and began distributing literature to employees as they entered and exited the facility. UPS security notified Mr. Mims he was not permitted to distribute literature from that location because it was near a customer entrance area. Mr. Mims left the facility shortly thereafter because he was unable to successfully leaflet employees entering or exiting the facility from any other location.
The evidence obtained pursuant to the investigation established that Mr. Mims was distributing campaign material in an area of the employee parking lot that provided meaningful access to IBT members employed at the facility.
UPS agreed to allow Mr. Mims and or his supporters to leaflet immediately adjacent to the employee entrance and exits. Based on UPS’s decision permitting Mr. Mims to campaign in the employee entrance and exit area, Mr. Mims has decided to withdraw the protest.
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, Esquire
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