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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RAUL RODRIGUEZ,
Protest Decision 2001 EAD 429
Issued: August 24, 2001
OEA Case No. PR081311WE

Raul Rodriguez, 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"). The protest alleges that employer Unified Western Grocers of California ("UWG") plant manager Larry Young improperly removed campaign literature from a union bulletin board at UWG's facility where there had been a past practice of posting such materials.

Election Administrator representative Lisa Sonia Taylor investigated the protest.

Findings of Fact and Analysis

The protestor says that there are four bulletin boards at the UWG facility; two locked company boards, one locked union bulletin board and an open utility board. He says that past practice is to allow the posting of campaign material on the union bulletin board.

Rodriguez says that on August 2, 2001, Leedham literature he posted on the UWG union bulletin was removed. The shop steward told Rodriguez that he knew nothing about this. Rodriguez then contacted Young, although he was not sure it was Young who removed the literature. Rodriguez says that Young demanded that he see a copy of Rodriguez's literature before it was reposted on the board. Rodriguez did so and Young approved the reposting, which occurred on August 3.

Then, on August 6 all campaign literature was removed from the board. Hoffa slate literature posted on the utility board was also removed. When Rodriguez asked Young about the removal of the literature, Young handed Rodriguez a copy of the contract. Article XIV, section A states:

The Employer shall provide a bulletin board which shall be used exclusively for authorized union notices but same shall not be posted until they have been first called to the attention of the Employer. All such union notices shall be authorized and signed by the Secretary/Treasurer of the Local Union or by his designee who shall be a full-time representative of the Local Union involved.

Rodriguez told Young that this provision did not apply because at a joint labor/management meeting on December 21, 2000 that Young had attended the parties reached an agreement that campaign materials could be posted in the union board. Rodriguez also showed Young a copy of Halstead, 2001 EAD 79 (January 10, 2001), regarding posting of campaign materials at Local 572.

Rodriguez added that Young became the plant manager less than one year ago, and that before this, the plant manager's secretary always kept the key to the bulletin board. However, when Young became the plant manager he started keeping the key so that members had to go through Young personally to gain access to the board.

Local 630 business agent Robert Rios stated that at an arbitration meeting after this protest was filed he spoke with Young and Kim Frampton of UWG's labor relations department. Young had contacted Frampton, Frampton had given him a copy of the labor agreement, and Young removed the campaign material after examining the contract. Thereafter, Young says he learned of the December 21 agreement allowing members to post campaign materials, and agreed to allow the posting.

UWG Human Resources Director Terry Boudin corroborated Young's claim that he was unaware of the policy regarding campaign materials. Boudin says he inquired of her office about the posting policy and that Young was made aware that the posting of campaign material was allowed. Boudin recommitted that this was UWG's policy, and Young has agreed to comply. Based on this agreement by Young and UWG commitment to allow the posting, we deem this matter 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 (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 429

DISTRIBUTION LIST VIA 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

Todd Thompson

209 Pennsylvania Ave. SE

Washington, DC 20003

Matt Ginsburg

30 Third Avenue

Brooklyn, NY 11217

 

Raul Rodriguez

13882 Stage Coach Circle

Victorville, CA 92392

IBT Local 630

750 South Stanford Ave.

Los Angeles, CA 90021

Unified Western Grocers

Larry Young, Plant Manager

2601 S. Eastern Avenue

Los Angeles, CA 90040