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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 9, 1996

 

 

VIA UPS OVERNIGHT

 


John Murphy

May 9, 1996

Page 1

 

 

John Murphy, Secretary-Treasurer

Teamsters Local Union 122

650 Beacon Street

Boston, MA 02215

 

Airborne Express

159 Wells Avenue

Newton, MA 02159


William Boe, Dir. of Labor Relations

Airborne Express

3101 Western Avenue

Seattle, WA 98121


John Murphy

May 9, 1996

Page 1

 

 

Re:  Election Office Case Nos.              P-663-LU122-ENG, P-759-LU122-ENG

 

Gentlemen:

 

John F. Murphy, a member of Local Union 122 and a candidate for International vice president, filed two pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  In P-663-LU122-ENG, the protester alleges that on Friday, March 22, 1996, he and other members of Local Union 122 sought to campaign during a shift change at the edge of a parking lot at the Airborne Express (Airborne) facility in North Reading, Massachusetts.  The protester contends that an employer representative asked them to leave the property, in violation of Article VIII, Section 11(e) of the Rules.  In P-759-LU122-ENG, Mr. Murphy alleges that on May 2, 1996, he and six members went to the Airborne facility on Wells Avenue in Newton, Massachusetts to campaign for James P. Hoffa, a candidate for general president.  A few minutes after their arrival, an Airborne supervisor ordered them to leave the property, in violation of the Rules.             

 

Airborne does not dispute that it has not permitted access to these parking lots for campaigning.

 


John Murphy

May 9, 1996

Page 1

 

 

Because these protests involve access to Airborne facilities, they were consolidated for decision by the Election Officer.  The protests were assigned to Associate Regional Coordinator David F. Reilly.

 

Article VIII, Section 11(e) of the Rules creates a limited right of access to IBT members and candidates to distribute literature and seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment.  While presumptively available, this right is not without limitations.  It is not available to any employee on working time, and candidates and their supporters cannot solicit or campaign to employees who are on working time.  It is also restricted to campaigning that will not materially interfere with an employers normal business activities.

 

During the investigation of these protests, Airborne agreed to permit access to the parking lot at its facilities in North Reading and Newton, Massachusetts, and to its other facilities subject to the following limitations:  that the number of campaigners not exceed five people at any given time; that the campaigners provide reasonable notice to the local manager, stating the place and time such visit shall occur; that the campaigners provide proper identification, that the activity is confined to the parking lot; and that the campaigners not interfere with Airbornes operations.  The Election Officer finds that, based on the particular nature of these facilities, such access complies with the Rules.

 

Under these circumstances, the Election Officer concludes that further processing of these protests is unwarranted.  The protesters complaints as stated in the protests, have been addressed and relief requested has been achieved. 

 

Accordingly, these protests are RESOLVED.

 

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

 


John Murphy

May 9, 1996

Page 1

 

 

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile

(202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

David F. Reilly, Associate Regional Coordinator