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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: DAVID THORNSBERRY
Protest Decision 2001 EAD 208
Issued: March 2, 2001
OEA Case No. PR020112MW

David Thornsberry, campaign manager and delegate candidate on the United Rank & File slate at Local 89, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Thornsberry alleges that American Greetings Corporation violated Article VII, Section 11(e) of the Rules by denying two members of the United Rank & File slate access to an employee parking lot in Corbin, Kentucky for the purpose of campaigning among Local 89 members.

Election Administrator representative Jason Weidenfeld investigated the protest.

Mike Seward and Dale Ferguson arrived at the American Greetings facility in Corbin, Kentucky before 6:00 a.m. on January 31, 2001. They entered the parking lot and began leafleting parked cars. After they had placed leaflets on many of the cars, the guard at the facility informed Seward and Ferguson that Denny Bowman, the human resources manager at the facility, asked that they leave the property. Seward and Ferguson complied with the request and leafleted employees across the road from the entrance to the facility.

Later that day, Seward and Ferguson talked with Bowman. Bowman expressed concern that the leafleting of cars would present a litter problem and also requested advance notice so the guards would know when a non-employee would be on the premises. On February 2, 2001, American Greetings' corporate director of industrial relations, Brian Kelly, wrote a letter stating that no campaigning would be permitted on American Greetings property.

In a February 28, 2001 letter amending his February 2, 2001 correspondence, Kelly informed the United Rank & File slate that parking lot campaigning would be allowed, subject to certain provisions. We are satisfied that these provisions meet the requirements of Article VII, Section 11(e) of the Rules. In addition, the request not to leaflet cars is consistent with prior decisions that limit the placement of literature on employee cars parked in employer parking lots. DeVasier, 2001 EAD 194 (February 27, 2001); Maxwell, P731 (April 25, 1996); Howe, P1083 (November 14, 1991).

Based on the foregoing, this protest is deemed RESOLVED.

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 Administrator 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

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 208

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

 

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

 

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

 

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

 

IBT Local 89

3813 Taylor Blvd.

Louisville, KY 40215

 

Brian H. Kelly

Corporate Director,

Industrial Relations

American Greetings Corporation

One American Rd.

Cleveland, OH 44144-2398

 

Denny Bowman

Human Resources Manager

American Greetings Corporation

American Greetings Road

Corbin, KY 40702-3570

 

David Thornsberry

10403 Truman Way

Louisville, KY 40299

 

Dennis M. Sarsany

1829 Eddy St.

Chicago, IL 60657