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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

              November 25, 1996

 

 

VIA UPS OVERNIGHT

 


Junior Mann & Dale Arthur

November 25, 1996

Page 1

 

 

Junior Mann

3712 N. Berkeley

Cincinnati, OH  45236

 

Dale Arthur

42 Ridgewood Drive

Alexandria, VA  41001

 

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Sysco Foods

10510 Evendale Drive

Evendale, OH  45241

 

James C. Frooman

Lindhorst & Dreidame

212 Walnut Street, Suite 2300

Cincinnati, OH  45202

 

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334


Junior Mann & Dale Arthur

November 25, 1996

Page 1

 

 

Re:  Election Office Case No. P-1266-LU114-SCE

 

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 Junior Mann and Dale Arthur, members of Local Union 100.  The protesters allege that they were prevented from campaigning for Ron Carey, the incumbent general president, inside an employer facility where supporters of James P. Hoffa, a member of Local Union 614 and a candidate for general president, are routinely admitted and allowed to campaign.  The protesters contend that provision of such disparate access violates the Rules.

 


Junior Mann & Dale Arthur

November 25, 1996

Page 1

 

 

The employer, SYSCO Food Services in Cincinnati, Ohio, responds that it forbids campaigning by non-employees inside its facility.  The employer states that this policy has been evenly applied but that non-employee supporters of both Messrs. Carey and Hoffa have, on one occasion each, entered the facility to campaign without the knowledge of the employer.  He states that each event lasted approximately 15 minutes and was ended by management as soon as it came to their attention.

 

Adjunct Regional Coordinator Joe F. Childers investigated the protest.

 

The investigation revealed that agents of Local Union 114 have campaigned at the facility but that such campaigning was incidental to legitimate union business conducted at the work site.  The employer allows employees to campaign on the premises but may refuse access to indivi-duals who have no legitimate reason to enter the facility other than to campaign.  The protesters requested access to the facility solely to campaign.  As a result, the employer may deny them access without violating the Rules.  The campaigning of union agents conducting union business at the work site does not violate the Rules or create a need for equal access by non-employees because the agents were at the facility on legitimate union business and the campaigning they engaged in was incidental to this work.

 

Accordingly, 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:

 

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, D.C. 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

Joe F. Childers, Adjunct Regional Coordinator