December 1, 1998
VIA FIRST CLASS MAIL
Homer Lambert, Jr.
December 1, 1998
Page 1
Homer Lambert, Jr.
30 W. 168th Briar Lane
Naperville, IL 60563
Linda Leahy
Security Supervisor
Mercy Hospital & Medical Center
2525 S. Michigan
Chicago, IL 60616
Owen Arens
Director of Human Resources
Mercy Hospital & Medical Center
2525 S. Michigan
Chicago, IL 60616
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Homer Lambert, Jr.
December 1, 1998
Page 1
Re: Election Office Case No. PR-376-LU743-EOH
Gentlepersons:
Homer Lambert, a member of Local Union 743, 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 Mercy Hospital and Medical Center (“MHMC”). The protestor alleged that on October 27, 1998, he attempted to campaign and to distribute leaflets for candidates in the International Officer Rerun Election in the employee parking lot at MHMC in Chicago, Illinois, and that the security supervisor, Linda Leahy, denied him access, in violation of the Rules.
MHMC contends that while Mr. Lambert was campaigning at its Chicago, Illinois facility on October 27, 1998, he was not in the employee parking lot and further that Ms. Leahy did not deny him access, but rather questioned whether anyone had talked to the campaigners about being there. Ms. Leahy then went inside to check with management to determine what, if anything, she was to do and when she returned the campaigners had departed.
The protest was investigated by Protest Chief Mary E. Leary.
Homer Lambert, Jr.
December 1, 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 to 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 Protest Chief discussed the issue of access to the employee parking lots with the attorney for MHMC. MHMC has now agreed that candidates and IBT members can campaign in the main employee parking lot immediately west of Martin Luther King Drive and in the employee overflow parking lot immediately east of Michigan Avenue at its Chicago, Illinois facility, during the duration of the International Officer Rerun Election. MHMC does not agree to any additional rights to campaign in other outside areas and this agreement specifically excludes campaigning on the walkways or sidewalks adjacent to the main employee parking lot or the employee overflow parking lot, the visitors parking lot and the driveways used for emergency and other vehicles located between the employee parking areas and the hospital.
Based on the above, 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, D.C. 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