IN RE: CRAIG MCINNES,
Protest Decision 2001 EAD 488
Issued: October 3, 2001
OEA Case No. PR092711CA
Craig McInnes, a member and business agent of Local Union 938, 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") against Diana Kilmury and John Hull of the Tom Leedham Rank & File Power slate (the "Leedham slate"). He alleges campaign activity in violation of Article VII, Section 11 of the Rules.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Facts and Analysis
McInnes alleges that on September 26, 2001, Kilmury and Hull handed out campaign literature and otherwise campaigned in the lunchroom facility at Cott Beverages in Mississauga, Ontario. He also alleges that Leedham slate campaign stickers were placed on the outside of a small building outside the main plant used by employees as a smoking area.
Hull confirmed to the investigator that he and Kilmury had distributed campaign literature in the lunchroom at Cott Beverages while employees were on work breaks. Further, he confirmed that they distributed campaign literature at the smoking shack and distributed campaign adhesive stickers to members at the smoking shack. Neither Kilmury or Hull applied any of the stickers to any of the company's property. Affixed to the smoking shack are stickers for the Hoffa slate, the Leedham slate and old campaign stickers from Local 938 officer elections.
Cott Beverages has historically permitted access to its lunchroom for campaign purposes to both slates. Accordingly, the non-working time access obtained by Hull and Kilmury here is consistent with Article VII, Section 11(d) of the Rules, which provides that no restrictions shall be placed on the pre-existing right of candidates to campaign on employer premises when such pre-existing right is available on a non-discriminatory basis. Kilmury and Hull distributed campaign literature on employers' premises during non-working hours and in accordance with pre-existing rights.
In view of the foregoing, the protest allegation challenging the non-work time cafeteria campaigning here is DENIED. The protest allegation challenging the placement of campaign stickers on employer property is, however, GRANTED. Feeley, P874 (September 17, 1996).Cott is ordered to remove all such stickers from the smoke shack.
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 488
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Patrick Szymanski
IBT General Counsel
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Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
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Suite 200
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Korney & Heldt
30700 Telegraph Road
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Barbara Harvey
Penobscot Building
Suite 1800
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Betty Grdina
Yablonski, Both & Edelman
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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 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
Craig McInnes
113 First Street North
Stoney Creek, ON L8C 1Y5
Canada
Gwen Randall, Q.C.
421 Seventh Ave. SW
Calgary, AB T2P 4K9
Canada