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IN RE: STEFAN OSTRACH, Protestor. Stefan Ostrach, member of Local Union 206 and treasurer of Tom Leedham Strong Contracts, Good Pensions slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). He alleged that a manager at Albertson’s Portland, Oregon distribution center impermissibly interfered with the parking lot campaign rights of members who support the Leedham campaign. Election Supervisor representative Christine Mrak investigated this protest. Findings of Fact The protest alleged that, on December 2, 2005, members supporting the Leedham campaign appeared in the parking lot of Albertson’s Portland, Oregon distribution center to solicit accreditation signatures for the Leedham slate’s western regional candidates. At 1:45 PST, Victor Maya, the employer’s labor relations director for that facility, approached the canvassers and asked their purpose. The canvassers stated they were campaigning and gave Maya a photocopy of the Order of the United States District Court that approved the Rules as well as the Rules excerpt that permits members to campaign in employee parking lots. Maya then left. Twenty minutes later, Maya returned. According to the protest, Maya told the campaigners they would have to leave, stating that the Order was “no good” because Leedham was not an accredited candidate. The campaigners reasserted their rights to campaign in the employee parking lot and encouraged Maya to call the police. Maya did so. While awaiting the arrival of the police, Maya directly interfering with the canvassers’ efforts to collect signatures, according to the protest, by telling Albertson’s employees not to sign the petitions. The protest asserts that sixteen employees were discouraged from signing the petitions during this period. Maya denies this claim. When the police arrived and conducted a preliminary investigation, one of the canvassers telephoned our regional director, Christine Mrak, advised her of the situation, and handed the telephone to a police officer. Mrak explained to the police officer the members’ rights to campaign in the parking lot, as established by judicial order. The police then left. Subsequently, Mrak advised Maya directly of the canvassers’ rights to campaign in employee parking lots. Maya agreed not to impede or otherwise interfere with those rights. Analysis The Rules provide the following with respect to campaigning in employee parking lots:
Article VII, Section 11(e). As Maya has agreed not to impede or otherwise interfere with exercise of the rights set forth above, we deem this protest RESOLVED. To remedy the protest’s claim that Maya’s actions on December 2 may have chilled employee response to the canvassers, the employer has agreed to post the notice attached to this decision on all employee and union bulletin boards at the Portland distribution center for a period of thirty (30) consecutive days. Under the circumstances presented here, we decline to order any additional remedy. Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon: Kenneth Conboy Copies of the request for hearing must be served upon the parties, as well as
upon the Election Supervisor for the International Brotherhood of Teamsters,
1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the
time prescribed above. A copy of the protest must accompany the request for
hearing. cc: Kenneth Conboy
The Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”) guarantee members the rights to support or oppose any candidate or slate of candidates and to aid or campaign for any candidate or slate of candidates. In particular, the Rules permit IBT members to campaign in company parking lots where employees park their cars, regardless of whether those campaigners are employees of Albertson’s. It is a violation of the Rules to interfere with these rights and the rights of other members to receive, hear or view such campaign advocacy. In particular, it is a violation of the Rules to deny parking lot access to or otherwise interfere with members exercising these campaign rights. The Election Supervisor will not permit any violation of the Rules.
This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters, and must remain posted on this bulletin board for a period of thirty (30) consecutive days.
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Patrick J. Szymanski, Esq. Bradley T. Raymond, Esq. Barbara Harvey, Esq David Hoffa Ken Paff Judith Brown Chomsky Stefan Ostrach Victor Maya Christine Mrak Jeffrey J. Ellison
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