November 25, 1996
VIA UPS OVERNIGHT
Gary R. Standard
November 25, 1996
Page 1
Gary R. Standard
1005 Key Colony
Garland, TX 75043
Joe Lesmaster, President
Teamsters Local Union 767
6109 Anglin Drive
Forest Hill, TX 76119
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Gary R. Standard
November 25, 1996
Page 1
Re: Election Office Case No. P-1228-LU767-SOU
Gentlemen:
Gary R. Standard, a member of Local Union 767, 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”) against Local Union 767 President Joe Lesmaster and other members of the local union’s executive board alleging that they have “set up free standing travel trailers at area UPS hubs to campaign for Hoffa on UPS property.” Mr. Standard also alleges that Union Steward John Lopez has been allowed to wear a Hoffa campaign pin at UPS’s hub in Mesquite, Texas, whereas Mr. Standard was ordered to remove a campaign button from his UPS uniform two hours before the beginning of his work shift.
Mr. Lesmaster responds that Hoffa campaigners requested permission from UPS to park their trailer at the UPS parking lot and that UPS granted the request. The campaigners are not on duty when in the parking lot.
Gary R. Standard
November 25, 1996
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UPS responds that the Hoffa campaigners were granted permission to park their trailer in the UPS parking lot provided they “meet certain other restrictions,” adding that if any members of the opposition made the same request they would also be granted approval.
Regional Coordinator Dolores C. Hall investigated this protest.
The investigation revealed that on November 8, 1996, Mr. Standard saw a camper trailer with a big yellow 33-foot Hoffa sign parked in the UPS parking lot. Mr. Standard states that the trailer had an awning and Christmas lights all around it. Underneath the awning were tables where Hoffa T-shirts and hats were being sold.
Mr. Lesmaster confirmed Mr. Standard’s allegation, stating that the trailer is owned by Local Union 767 Vice President Virgil McMahen. Mr. Lesmaster stated that prior to parking the trailer in the UPS parking lot, Mr. Lesmaster contacted UPS Regional Labor Relations Officer Doyle Carr and asked for permission to campaign for Hoffa, using the trailer. Mr. Carr consulted with other members of UPS management and then told Mr. Lesmaster that they could campaign with the trailer but that they could not block any of the “premium” parking spaces or any driveways. In addition, Mr. Lesmaster states that Mr. Carr informed them that if any of the opposition requested the same type of access that it would be granted. Mr. Lesmaster states that they set up the trailer near the main entrance to the UPS parking lot, away from where people entered the work site on foot. The trailer had to be staffed at all times in case it had to be moved.
Local Union 745 member Darryl Sullivan states that he saw the Hoffa campaign trailer at UPS’ Mesquite facility on November 13, 1996. He states that he and IBT member Wesley Jenkins are spearheading the Carey campaign in the Dallas area. Mr. Sullivan states that they have put Carey campaign signs on poles around UPS parking lots in the Dallas area and that management has not interfered with these activities. Mr. Sullivan adds that neither he nor
Mr. Jenkins have a trailer.
1. Allegation of Improper Campaigning on UPS Property
Mr. Standard alleges that Mr. Lesmaster and other members of the Local Union 767 executive board are violating the Rules by parking a trailer in the UPS parking lot and using it to campaign for Mr. Hoffa.
Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, 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. Such facilities and opportunities shall be made
Gary R. Standard
November 25, 1996
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available to all candidates and members on a nondiscriminatory basis.
The employer in this matter is allowing Hoffa supporters to park their campaign trailer in its parking lot, and it states that it will allow the opposition to do the same upon request and under the same conditions. By allowing this type of campaigning to occur in its parking lot, UPS is establishing a right for IBT members at this facility to campaign in this manner. The employer may do so as long as the facilities are being “made available to all candidates and members on a nondiscriminatory basis.” Since UPS contends that members of “the opposition” will be granted the “same approval” upon request, the Election Officer therefore finds no violation of the Rules in this instance.
2. Allegation Concerning the Wearing of Campaign Buttons on Uniforms
Mr. Standard states that UPS is discriminating against him because of his support for
Mr. Carey by allowing Mr. Lopez to wear his Hoffa campaign button while on duty and not allowing Mr. Standard to wear his Carey campaign button while on duty.
In the Advisory on Wearing of Campaign Buttons and Other Emblems, the Election Officer made clear that IBT members enjoy a preexisting right under Article VIII,
Section 11(d) of the Rules to wear campaign buttons. This right, however, may be circumscribed by a member’s employer. The Election Officer’s investigation shows that UPS has long-maintained a strict dress and grooming code for UPS drivers and other employees who come in contact with the public. This dress code includes a prohibition against wearing campaign buttons, including union campaign buttons on UPS uniforms. See Salazar, P-881-LU435-RMT (October 1, 1996). UPS feeder drivers, such as Mr. Standard, spend the vast majority of their shift time as over-the-road tractor-trailer drivers. See Bryant, P-1094-LU391-SEC (November 4, 1996) (finding UPS’ strict dress standards apply to feeder drivers).
Mr. Lopez works as a safety coordinator. There is no evidence that he works outside the facility or interacts with the public.
For the foregoing reason, the Election Officer finds that UPS did not violate the Rules when it prohibited Mr. Standard from wearing a Carey campaign button on his uniform.
Based upon the foregoing, the protest is 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:
Gary R. Standard
November 25, 1996
Page 1
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
Dolores C. Hall, Regional Coordinator