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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 266
Issued: March 26, 2001
OEA Case No. PR012611MW

Katherine Kleckner, a member of Local Union 743, 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"). She alleges University of Chicago Hospitals ("UCH") impermissibly interfered with her right to campaign on employer property.

Election Administrator representative Dennis Sarsany investigated the protest. We have deferred decision on this matter pursuant to Article XIII, Section 2(f)(2) of the Rules, and decide this matter under the standard enunciated in Article XIII, Section 3(b).

Findings of Fact and Analysis

On January 24, 2001, Kleckner distributed campaign literature on UCH property. When directed to halt her activity, she produced a copy of the Rules. An employer's representative cited the employer's property rights but said he would check with labor relations. The representative returned after consultation and directed the protestor to leave or be arrested. She left, but not until shortly before the start of the shift of the employees that were the audience for her campaigning. Subsequently, UCH relaxed their position on such campaigning.

Our investigator reviewed surveillance tapes of Kleckner's activity on January 24. They show Kleckner distributing leaflets to local union members as they entered a parking structure on the south side of West 57th Street, contrary to the employer's contention that she was campaigning in another area away from the parking lot.

The access provision of Article VII, Section 11(e) permitted Kleckner to campaign at the January 24 location. UCH's conduct on the day in question was accordingly in violation of this provision of the Rules.

However, we DENY the protest because we cannot conclude that it may have affected the results of even this close election. Thus, the incident, which took place several weeks before ballots were mailed, was isolated in nature and occurred during an election campaign during which substantial amounts of campaign material were distributed by or on behalf of the candidates supported by Kleckner. Moreover, even on the day in question, UCH's conduct did not prevent Kleckner from distributing leaflets for an extended time. Finally, there is no evidence of recurrence of UCH's conduct.

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 (fax: 202-454-1501), all within the time 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 266

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

 

Katherine Kleckner

5013 South Ridgeway

Chicago, IL 60632

 

IBT Local 743

300 S. Ashland Avenue

Chicago, IL 60607

 

Julie Hamos

203 North Wabash

Suite 1800

Chicago, IL 60601

 

University of Chicago Hospitals

Attn: Andrew Wissel

5841 S. Maryland Avenue

Chicago, IL 60637

 

Dennis M. Sarsany

1829 Eddy Street

Chicago, IL 60657