IN RE: FRANK VILLA,
Protest Decision 2001 EAD 411
Issued: July 24, 2001
OEA Case No. PR061913WE
Frank Villa, a member of Local 630, 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"). He alleges that Unified Western Grocers violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot for the purpose of campaigning among IBT members for the International officer election.
Election Administrator representative J. Griffin Morgan investigated the protest.
Villa alleges that he was denied access to the parking lot of Unified Western Grocers in Santa Fe Springs, California at approximately 2:30 am on June 18, 2001. He was standing in the employee parking lot in close proximity to a picnic table and benches. He was informed by a security guard working for Unified Western Grocers that if he was not an employee of Unified Western Grocers he could not remain in the parking lot. A member of management for Unified Western Grocers reaffirmed the instructions of the security guard and informed Villa that the police would be called if he did not leave. Villa then left the employee parking lot and campaigned until approximately 4:00 am on the other side of the security guard's gatehouse. This campaigning was not adequate because it was dark and employees did not stop their cars to talk to a stranger standing in the road in the dark.
Terry Bodwin, labor relations representative for Unified Western Grocers, reviewed the Election Administrator's decision in Duty, 2000 EAD 319 (April 18, 2001), the Election Administrator's Advisory on Limited Right of Access to Employer Premises, and Judge Loretta A. Preska's Memorandum and Order approving the Access Rule for the 2000-2001 IBT Election. Following discussions with Unified Western Grocers attorneys, Bodwin agreed to provide access to employee parking lots for IBT members campaigning in the 2000-2001 IBT election, consistent with the Election Administrator's Advisory. Bodwin has informed security personnel of Unified Western Grocers' obligation to allow access to campaigners in accordance with the Election Administrator's Advisory.
Villa has agreed to consider his protest resolved based on Unified Western Grocers' assurance of providing to campaigners access to employee parking lots.
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 411
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
Frank Villa
151 W. Lambert Road
Apt. 4
La Habra, CA 90631
IBT Local 630
750 South Stanford Ave.
Los Angeles, CA 90021
Unified Western Grocers
15015 Valley View
Santa Fe Springs, CA 90670
J. Griffin Morgan
Elliot, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27101