August 6, 1996
VIA UPS OVERNIGHT
Bob Blanchet
August 6, 1996
Page 1
Bob Blanchet
3853 Dryden Road
Fremont, CA 94555
Juan Cuellar, Human Resources Manager
American Home Foods
500 Crocker Drive
Vacaville, CA 95688
George Saavedra
845 Thetford Place
Fairfield, CA 94533
Nick Papson, Sr. Vice President of
Industrial Relations
American Home Foods
5 Giralda Farms
Madison, NJ 07940
Bob Blanchet
August 6, 1996
Page 1
Re: Election Office Case No. P-851-LU287-CSF
CORRECTED
Gentlemen:
A pre-election protest was filed, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), by
Bob Blanchet, a member of Local Union 287. Mr. Blanchet contends that American Home Foods in Vacaville, California violated the Rules by denying him and another campaign worker access to the parking lot for campaigning.
Adjunct Regional Coordinator Victoria Chin investigated this protest.
On July 8, 1996, Mr. Blanchet and George Saavedra attempted to campaign for Ron Carey, a candidate for general president, at American Home Foods in Vacaville, California, where union members are employed. Juan Cuellar, the human resources manager for American Home Foods, denied Messrs. Blanchet and Saavedra access to the parking lot.
Bob Blanchet
August 6, 1996
Page 1
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. The right of access is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
After discussion with the Adjunct Regional Coordinator, American Home Foods has now agreed that it will provide limited access for campaigning in its parking lot, in accordance with the Rules. Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints as stated in this protest have been addressed.
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
Victoria Chin, Adjunct Regional Coordinator