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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: CASSANDRA DAVIS,
Protest Decision 2001 EAD 265
Issued: March 26, 2001
OEA Case No. PR012511MW

Cassandra Davis, a member of Local Union 743, 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"). She alleges University of Chicago Hospitals ("UCH") impermissibly interfered with her right to campaign on employer property.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

On January 25, 2001, the protestor and four other members of the local distributed campaign literature at a building entrance on UCH property used by its employees, patients and visitors. The employer directed the five to leave the entrance area. They moved across the street to a parking structure used by UCH employees, where they leafleted without interference.

The access provision of Article VII, Section 11(e) permits members and candidates in local union delegate elections a right to campaign on employer property by permitting campaign activity in "parking lot[s] used by that Local Union's members to park their vehicles in connection with their employment." The Rules did not authorize the protestor and her fellows to leaflet elsewhere on UCH property, particularly where campaigning occurred among both UCH employees and business invitees. Accordingly, this protest is DENIED.

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 (fax: 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 265

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

 

Cassandra Davis

711 McKinley

Gary, IN 46404

 

IBT Local 743

300 S. Ashland Avenue

Chicago, IL 60607

 

Julie Hamos

203 North Wabash

Suite 1800

Chicago, IL 60601

 

University of Chicago Hospitals

Attn: Andrew Wissel

5841 S. Maryland Avenue

Chicago, IL 60637

 

Dennis M. Sarsany

1829 Eddy Street

Chicago, IL 60657