IN RE: LORETTA DEVASIER and GAIL MCDONNELL,
Protest Decision 2001 EAD 197
Issued: February 27, 2001
OEA Case No. PR013112MW
Loretta DeVasier and Gail McDonell, members of Local 89 and delegate candidates, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). The protestors allege that Jones Plastic and Engineering Corporation ("Jones") violated Article VII, Section 11(e) of the Rules by denying them access to an employee parking lot, shared by employees of Jones and Rev-A-Shelf, for the purpose of campaigning among Local 89 members.
Election Administrator representative Jason Weidenfeld investigated the protest.
The protestors allege that on January 30, 2001, they went to the parking lot shared by Jones and Rev-A-Shelf employees. The lot has a median separating the Jones side from the Rev-A-Shelf side. The protestors first placed leaflets on cars on the Rev-A-Shelf side. When they went to the Jones side, an employee of Jones yelled at the protestors to stop leafleting the cars and to leave the premises. The protestors left the lot.
Joe Weis, Jones's corporate director of personnel, confirmed that the protesters were asked to leave on January 30, 2001. He stated that Jones would grant the parking lot access provided for by the Rules but does not want anyone to leaflet cars in the lot. Jones's agreement to provide parking lot access and his request not to leaflet cars are consistent with Article VII, Section 11(e) of the Rules and prior decisions that limit the placement of literature on employee cars parked in employer parking lots. See Maxwell, P731 (April 25, 1996); Howe, P1083 (November 14, 1991).
Based on the foregoing, this protest is deemed RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 197
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
Joe Weis
Corporate Director of Personnel
Jones Plastic & Engineering Corp.
2410 Plantside Dr.
Louisville, KY 40299
Rev-A-Shelf
2409 Plantside Dr.
Louisville, KY 40299
Loretta DeVasier
4004 Neagli Ct.
Louisville, KY 40229
Gail McDonnell
9003 Fox Chase Rd.
Louisville, KY 40228
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657