IN RE: GEORGE SAAVEDRA,
Protest Decision 2001 EAD 442
Issued: September 6, 2001
OEA Case No. PR082811WE
George Saavedra, a member of Local 490 and a candidate for International Vice President for the Western Region on the Tom Leedham Rank and File Power slate, 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"). It alleges that employer Fleming Foods (FF") violated Article VII, Section 11(e) of the Rules by denying the parking lot campaign access rights of Saavedra and another IBT member at its Sacramento, California facility August 27, 2001.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
Saavedra says that on August 27, 2001, at around lunchtime, he and one other IBT member arrived at FF to campaign. They informed the guard that they were there to do so. The guard said they had to speak with Chris Dolder, Director of Customer Service. Saavedra says that Dolder told the guard not to allow the campaigners onto the property.
In an interview with Dolder and Alan Richards, FF Director of Labor Relations, Richards concedes that Saavedra was not allowed to campaign, and says he was denied that right because he was not a candidate. When told that Saavedra was in fact a candidate, Richards claimed that Dolder was not aware of this at the time. When told that regardless of Saavedra's candidate status the access rule provides for the right of access to "any union member within the regional area(s) in which said candidate is seeking office …," Richards stated that the company would allow access under the following conditions:
The campaigners announce themselves to the guard as they enter allowing the guard to verify that they are members and that the literature is campaign related.
The campaigners only seek access Monday through Friday at 2:30 a.m., 6 a.m., 2:30 p.m. and 6 p.m. when the employees are getting on or off their shifts.
Dolder stated that there is no activity on Saturday and the employees generally do not use the parking lot during their lunch break.
In Terrazas, P825 (July 11, 1996), aff'd, 96 EAM 217 (July 22, 1996), the Election Officer stated that an employer cannot "be allowed to view campaign material before it is distributed on the premises. This prerequisite would frustrate the goal of affording candidates and their supporters with 'a meaningful opportunity to meet with the electorate' since the requirement carries an implicit threat that the employer may censor such literature or deprive entry. To grant an employer such power would directly undermine the ability of IBT members to campaign free from interference and censorship." For this reason, we cannot agree that FF should not be allowed to view campaign material before granting members access to their parking lot for campaigning.
FF's proposed time limitation on parking lot access is similarly unacceptable. The access rule provides that the right of access is available "during hours when the parking lot is normally open to employees." Although the employees do not generally use the parking lot on their break, the parking lot remains open to them. Therefore, members have a right to campaign on the parking lot at that time.
For the foregoing reasons, we GRANT the protest and reject FF's proposed resolution of this matter. We order FF to cease and desist from granting access to IBT members to its employee parking area to campaign for IBT International office during hours when the parking lot is normally open to employees.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 442
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
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, Texas 75207
IBT Local 490
455 Nebraska Street
Vallejo, CA 94590
IBT Local 150
7120 East Parkway
Sacramento, CA 95823
Fleming Foods
Attn: Chris Dolder
3771 Channel Drive
West Sacramento, CA 95691