IN RE: ROBERT REAM,
Protest Decision 2001 EAD 238
Issued: March 14, 2001
OEA Case No. PR031315WE
Robert Ream, a delegate candidate on the Rank & File Reform slate (the "Reform slate") at Local 150, 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"). Ream alleges that the Bergen Brunswig Drug Company violated Article VII, Section 11(e) of the Rules by denying him and other candidates on the Reform slate access to an employee parking lot for the purpose of campaigning among Local 150 members. Ream also alleges that an employee of Bergen Brunswig threatened to call the police if the campaigners returned.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
On March 12, 2001, Ream and other candidates on the Reform slate attempted to campaign in the parking lot of Bergen Brunswig. After about fifteen minutes, a Bergen Brunswig employee, who would not offer his name, forced the campaigners to leave the property. Ream also said that the employee threatened to call the police if the campaigners reappeared. Ream stated that the parking area is divided by an electronic gate through which cars can enter.
On March 13 and 14, 2001, the investigator spoke with Gary Taft, Bergen Brunswig's distribution center manager. Taft admitted that the campaigners were forced to leave the property. Taft told our investigator that he has reviewed the access provision of the Rules and now understands its parameters. He recognizes the rights of candidates and Local 150 members to campaign throughout the parking area, both inside and outside the gate. He also said that although he would appreciate some advance notice of when campaigners would be at the site, he acknowledges that such notice is not required under the Rules. Taft has also confirmed with our investigator that the Rules permit Bergen Brunswig to request identification from any campaigners, that campaigning cannot materially interfere with Bergen Brunswig's business, and that the right to campaign is unavailable to employees on working time.
Based on Taft's statements, we are satisfied that Bergen Brunswig will permit all candidates for delegate and alternate delegate and all members of Local 150 to exercise their rights under the parking lot access provision of the Rules. We, therefore, deem the protest 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 (facsimile: 202-454-1501), all within the time 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 238
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
Robert Ream
4304 Duke Dr.
Sacramento, CA 95822
IBT Local 150
7120 E. Pkwy.
Sacramento, CA 95823
Gary Taft
Distribution Center Manager
Bergen Brunswig Drug Co.
1281 W. National Dr.
Sacramento, CA 95834
Christine Mrak
2357 Hobart Ave., SW
Seattle, WA 98116