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Office of the Election Supervisor for the International Brotherhood of Teamsters

September 22, 1998

 

VIA FIRST CLASS MAIL

 


Kim A. Shanahan

September 22, 1998

Page 1

 

Kim A. Shanahan

727 Lockhaven Drive

Pacifica, CA 94044

 

Art Fisher, Security Manager

Fleming Foods

3771 Channel Drive

West Sacramento, CA 95691

 

Cliff Webb, Secretary-Treasurer

Teamsters Local Union 150

7120 E. Parkway

Sacramento, CA 95823


Jim O’Bra

Human Resources Director

Fleming Foods

3771 Channel Drive

West Sacramento, CA 95691

 

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Kim A. Shanahan

September 22, 1998

Page 1

 

Re: Election Office Case No. PR-186-LU856-PNW

 

Gentlepersons:

 

Kim Shanahan, a member of Local Union 856 and a candidate for International office on the Tom Leedham “Rank and File Power” Slate (“Leedham Slate”), 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 Fleming Foods.  Ms. Shanahan alleged that on July 23, 1998, she and another Leedham supporter attempted to campaign and distribute leaflets in the employee parking lot at Fleming Foods facility in West Sacramento California. They were told to leave the property by a security official, later identified as Art Fisher.

 

Fleming Foods admitted that it asked the campaigners to leave and responded that the campaigners did not check in at the guard house.

 

The protest was investigated by Adjunct Regional Coordinator Paige Keys.

 


Kim A. Shanahan

September 22, 1998

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 seek support 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. An employer may require reasonable identification. 

 

The Adjunct Regional Coordinator discussed the denial of access with Jim O’Bra, the Human Resources Director.  Mr. O’Bra has now agreed that union members can campaign in the parking lot at the West Sacramento facility.  Fleming would prefer, but does not require, that campaigners notify Mr. Art Fisher at (916) 373-4200 prior to coming to its property to campaign.  Fleming requires all campaigners to check in at the guard house.  Fleming stresses that campaigners comply with the Rules in that campaign activities in the employee parking lot take place on non-working time:  when employees are coming and leaving work, and during lunch and break times.  Fleming has requested that the gates to its facility not be blocked and that traffic not be disrupted.  The protester has been advised that such access will be permitted.

 

Accordingly, the Election Officer is satisfied that the 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,

 

 

 

Michael G. Cherkasky

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

Paige Keys, Adjunct  Regional Coordinator