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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

September 19, 1996

 

VIA UPS OVERNIGHT

 


Mauricio Terrazas

September 19, 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


Freddie Towler

Ingram Paper

17411 Valley Boulevard

City of Industry, CA 91744

 

Joseph D. Smallwood, Attorney

International Paper

50 E. Rivercenter Boulevard

Suite 700

Covington, KY 41011


Mauricio Terrazas

September 19, 1996

Page 1

 

 

Re:  Election Office Case No. P-936-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 Ingram Paper (“Ingram”), also known as International Paper Company, on August 30, 1996. 

Mr. Terrazas states that he spoke with Fred Towler, corporate administrative manager for Ingram, who informed the protester that he would have to speak to Ingram’s counsel before

Mr. Terrazas could be granted access.

 

Ingram’s management admits that it denied Mr. Terrazas access to the parking lot.

 

Regional Coordinator Dolly M. Gee investigated this protest.

 


Mauricio Terrazas

September 19, 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.

 

It is undisputed that Mr. Terrazas was denied access to the employer’s parking lot in order to campaign.  The Election Officer’s investigator discussed the denial of access to the lot with Ingram’s management.  International Paper Company has now agreed to permit parking-lot access to relevant employee parking lots, in compliance with the Rules.

 

Accordingly, the Election Officer is satisfied that Mr. Terrazas’ protest has been 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

Dolly M. Gee, Regional Coordinator