November 17, 1998
VIA FIRST CLASS MAIL
Ismael Vela
November 17, 1998
Page 1
Ismael Vela
2315 S. Ridgeway Avenue
Chicago, IL 60623
Tom Madigan
Terminal Manager
ANR-Advance Transportation Company
6767 W. 75th Street
Bedford Park, IL 60638
Ray Litza
Dock Operational Manager
ANR-Advance Transportation Company
6767 W. 75th Street
Bedford Park, IL 60638
Robert Turcott, Esq.
Vice President, Secretary and General
Counsel
ANR Advance Transportation Co.
Corporate Office
P.O. Box 2011
Milwaukee, WI XXX-XX-XXXX
Ismael Vela
November 17, 1998
Page 1
Re: Election Office Case No. PR-358-LU710-EOH
Gentlemen:
Ismael Vela, a member of Local Union 710, 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 his employer, ANR Advance Transportation (“ANR Advance”) and two ANR Advance managers, Tom Madigan and Ray Litza. The protester alleges that Messrs. Madigan and Litza removed properly posted campaign literature from three bulletin boards, in violation of the Rules.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
Ismael Vela
November 17, 1998
Page 1
Mr. Vela works with Messrs. Madigan and Litza at the ANR Advance facility located in Bedford Park, Illinois. On October 23, 1998, Mr. Litza, the Dock Operational Manager, informed the protester that the company had removed all campaign literature relating to the 1998 International Officer Rerun Election from open bulletin boards located in three areas of the facility. The bulletin boards are located in the truck drivers’ room, the lunchroom/break room, and in the administrative section of the facility near the time clock. Mr. Litza informed Mr. Vela that the company would no longer allow any campaign literature to be posted on the three bulletin boards. Mr. Vela subsequently filed this protest.
It was determined during the Election Office investigation that campaign literature relating to both the International Officer Election as well as local union elections had been previously posted on all three bulletin boards at issue.
The Rules at Article VIII, Section 11(d) authorize union members to use employer or union bulletin boards for campaign publicity where a pre-existing right for such use has been established. The Election Officer has consistently held that the removal or defacement of properly posted campaign literature is a serious violation of the Rules. See Amodio, P-1073-LU182/317-PGH (November 20, 1991); Teller, P-945-LU741-PNW (October 14, 1991); Fleeger, P-876-LU988-SOU (September 11, 1991); Blake, P-767-LU439-CSF (July 1, 1996).
After a number of conversations between the Election Office investigator and ANR Advance Vice President and General Counsel Robert Turcott, the company agreed to allow campaign literature relating to the 1998 IBT Officer Election to be posted on the three bulletin boards located at the Bedford Park facility until December 3, 1998. Since the company is now allowing campaign literature to be posted, the Election Officer concludes that further processing of this protest is unwarranted.
Accordingly, the protest is 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.
Ismael Vela
November 17, 1998
Page 1
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master