April 18, 1996
VIA UPS OVERNIGHT
Ben Sizemore
April 18, 1996
Page 1
Benjamin Sizemore
25091 Garden
Oakwood, OH 44146
Dick Clepper
Yellow Freight Corporation
5250 Brecksville Road
Richfield, OH 44286
Daniel Hornbeck
Yellow Freight Corporation
10990 Roe Avenue
Overland Park, KS 66211
Ben Sizemore
April 18, 1996
Page 1
Re: Election Office Case No. P-721-LU407-CLE
Gentlemen:
Benjamin Sizemore, a member of Local Union 407, 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”). The protester alleges that he was informed by his employer, Yellow Freight System, that unless he removed a Ron Carey poster from display in his personal car when the car was parked in Yellow Freight’s parking lot, the car would be towed from that parking lot.
Regional Coordinator Joyce Goldstein investigated the protest.
Yellow Freight System, Inc. has now advised that Mr. Sizemore may “display campaign materials for candidates for international offices in his personal car in the employees’ parking lot of Yellow Freight-Cleveland.”
Ben Sizemore
April 18, 1996
Page 1
Article VIII, Section 11(a) of the Rules states that “members retain the right to participate in campaign activities” which do not interfere with work. The employer has agreed to allow the protester to display a campaign poster in his car at its Cleveland facility. The Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints, as stated in his protest, have been addressed and the relief requested has been achieved.
Accordingly, this protest is now 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
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
Joyce Goldstein, Regional Coordinator