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Office of the Election Supervisor for the International Brotherhood of Teamsters

              September 30, 1996

 

 

VIA UPS OVERNIGHT

 


Cathlene Thomas

September 30, 1996

Page 1

 

 

Cathlene Thomas

1903 W. Winnemac #3

Chicago, IL  60640

 

John Sexton Contractors

1815 S. Wolf Road

Hinsdale, IL  60162

 

Larry Zuley

Hillside Police Station

30 N. Wolf Road

Hillside, IL  60162

 

Jim Butler

Congress Development

4100 Frontage Road

Hillside, IL  60162


Browning-Ferris, Inc.

5050 W. Lake Street

Mt. Rose Park, IL  60160

 

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001

 

Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Cathlene Thomas

September 30, 1996

Page 1

 

 

Re:  Election Office Case No. P-922-LU347-CHI

 

Gentlepersons:

 

Cathlene Thomas, a member of Local Union 347, 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 Congress Development (Congress), an IBT employer, violated the Rules when it barred her from campaigning at the entrance to its facility on August 30, 1996.

 


Cathlene Thomas

September 30, 1996

Page 1

 

 

Congress responds that leafleting trucks as they turn into the site is both very dangerous and an interference with operations.  In addition, it states that it would have afforded Ms. Thomas an opportunity to come onto the property to leaflet, but that she was very rude and would not discuss the issue.

 

This protest was investigated by Regional Coordinator Julie E. Hamos.

 

The Election Officers investigator visited the property and discussed the protest with Office Manager Joy Kolowski.  Congress is a landfill.  Its employees are not IBT members.  The trucks that come in to dump garbage, dirt or debris are operated by customers of the landfill who pay for access to it.  Some of the trucks that come through the facility are driven by Teamsters. 

 

On the morning of August 30, 1996, the protester attempted to leaflet on behalf of the Carey campaign at the entrance to Congress landfill.  As she was leafleting, a person, who would not identify himself, told her she could not leaflet at the site.  Ms. Thomas told the person that she was there to leaflet for the International election, but the unidentified person continued to insist that she could not leaflet there.  The person then called the police.  When the police arrived, they told Ms. Thomas that she could not leaflet there and threatened her with arrest.

 

Under the Rules, a non-employee may gain access to employer premises:  (1) under the parking lot rule, which creates a limited right for non-employees to campaign in parking lots where members park their cars;[1] and (2) if the employer has allowed access to non-employees in the past.[2]  Congress has no employee parking lot on its premises where IBT members park their cars, and no evidence has been presented of a pre-existing right for non-employees to campaign on Congress premises.

 

Regional Coordinator Julie E. Hamos discussed the matter with Congress and the protester, and Congress has offered the following accommodation.  Under Congress normal procedures, all trucks must be weighed when they enter the facility.  The trucks enter the area and line up in two lanes.  The drivers then enter the building to sign a ticket and pay for usage.  There is some time during which drivers must wait their turn to have their trucks weighed. 

 


Cathlene Thomas

September 30, 1996

Page 1

 

 

Congress has stated that IBT members wishing to campaign must enter the building and sign in.  Congress will then allow campaigners to speak to and leaflet the drivers as they await their turn on the line.  Congress states that this arrangement will be acceptable as long as the campaigning does not interfere with their operations.  The protester is satisfied with this resolution.

 

Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.  The protesters complaint, as stated in this protest, has been addressed, and relief has been provided.

 

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

Julie E. Hamos, Regional Coordinator


[1]Article VIII, Section 11(e)(iii) of the Rules states a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment in said regional area(s).

[2]Article VIII, Section 11(d) of the Rules states no restrictions shall be placed upon candidates or members preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises.