September 11, 1996
VIA UPS OVERNIGHT
Mauricio Terrazas
September 11, 1996
Page 1
Mauricio Terrazas
3800 Bradford Street #233
La Verne, CA 91750
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
James Tembreull
California Industrial Products, Inc.
11525 Shoemaker Avenue
Santa Fe Springs, CA 90670
Mauricio Terrazas
September 11, 1996
Page 1
Re: Election Office Case No. P-914-LU63-CLA
Gentlemen:
Mauricio Terrazas, a member of Local Union 63, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that he was denied access to the employee parking lot at California Industrial Products, Inc. (“CIP”) on August 28, 1996. Mr. Terrazas states that he had obtained access on the previous day to “paper the cars” but that when he returned the next day the Human Resources Manager, James Tembreull, denied him the right to “paper” the lot.
CIP’s management admits that it denied Mr. Terrazas access to the parking lot. It contends that it was concerned about the litter problem they would face when employees removed the leaflets and dropped them on the ground.
Regional Coordinator Dolly M. Gee investigated this protest.
Mauricio Terrazas
September 11, 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 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 employer’s normal business activities.
In Maxwell, P-731-LU24-CLE (April 25, 1996), the Election Officer found that this right-of-access did not extend to “papering” cars:
The purpose of this section is to ensure that candidates and members have an effective method of communicating with other members about the International union delegate and officer election. This purpose is satisfied by the face-to-face opportunities for campaigning and handbilling that the parking lot rule affords. The limited right created and protected by this section does not extend to placing campaign material on vehicle windshields.
As the Election Officer stated in Howe, P-1083-LU238-MOI (November 4, 1991), “the prohibition on placing campaign literature under the windshield wipers of parked cars is not violative of the Election Rules given the other means of communication available to campaigners.”
It is undisputed that Mr. Terrazas was denied access to the employer’s parking lot in order to “paper the lot.” The Election Officer’s investigator discussed the denial of access to the lot with CIP’s management and they have agreed to comply with the Rules relating to parking lot access. All parties should understand, however, that the right-of-access to the parking lot is limited to face-to-face campaigning and leafleting and does not include the right to “paper cars.”
To the extent that Mr. Terrazas’ request for access encompassed California Industrial Product, Inc.’s employee parking lot, the Election Officer is satisfied that Mr. Terrazas’ protest has been RESOLVED. To the extent that Mr. Terrazas’ request encompassed being allowed to “paper” California Industrial Products, Inc.’s parking lot, the Election Officer finds that
Mr. Terrazas had no such right under the Rules, and that his protest is therefore DENIED.
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
Mauricio Terrazas
September 11, 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
Dolly M. Gee, Regional Coordinator