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IN RE: JOHNNY JOHNSON, Protestor. Johnny Johnson, a member of Local Union 878, 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 UPS manager and a local union business agent interfered with the parking lot campaign rights of members of his slate. Election Supervisor representative Dolores Hall investigated this protest. Findings of Fact The protest alleged that, on September 13, 2005, members supporting the Johnny Johnson slate appeared in the employee parking lot of UPS’s Little Rock, Arkansas facility to campaign for the delegate election. Supporters of this slate had campaigned at this location on previous occasions without incident. At 8:15 on this morning, business agent Tim Nichols arrived and spoke with the campaigners. A short time later, UPS labor relations representative Cedric Williams arrived. Williams spoke with Nichols away from the campaigners and asked if the campaigners were with him. Nichols said they were not. Williams then returned to the campaigners and told them they could not be on UPS property. The campaigners had finished their activity for the day, so they left. More than six weeks later, Johnson filed this protest, alleging that business agent Nichols had prompted Williams to bar the campaigners from the UPS employee parking lot. Nichols and Williams deny this allegation. UPS, through its counsel, has acknowledged the rule that permits IBT members to campaign in company parking lots where employees park their vehicles and has 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 UPS has agreed not to impede or otherwise interfere with exercise of the rights set forth above, we deem this protest RESOLVED. To insure that members of Local 878 employed at the UPS Little Rock facility are informed of their rights, we direct the local union to post the notice attached to this decision on all union bulletin boards at the Little Rock facility for a period of thirty (30) consecutive days. In reaching this result, we need not address the fact that Johnson filed this protest long after the two-day time limit set forth in Article XIII, Section 2(b) of the Rules. Likewise, we need not address or resolve the allegation that business agent Nichols improperly interfered with the campaign rights of the supporters of the Johnson slate. 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. Richard W. Mark cc: Kenneth Conboy
OFFICE OF THE ELECTION SUPERVISOR RICHARD W. MARK NOTICE TO ALL TEAMSTER MEMBERS EMPLOYED AT UPS’s LITTLE ROCK FACILITY 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 UPS. 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
Johnny Johnson Tim Nichols, Business Agent Billy Patrick, President Cedric Williams Gary Tocci Dolores Hall Jeffrey J. Ellison
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