IN RE: JOHNNY JOHNSON, Protestor.
Protest Decision 2006 ESD 130
Issued: March 6, 2006
OES Case Nos. P-06-136-021406-SO
Johnny Johnson, member of Local Union 878, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Johnson was denied access to campaign in the employees' parking lot of the Pilgrim's Pride processing plant in Batesville, Arkansas in violation of the Rules.
Election Supervisor representative Dolores C. Hall investigated this protest.
Findings of Fact and Analysis
The protestor alleged that on February 6, 2006 he requested the shift change schedule from Pilgrim's Pride processing plant in Batesville, Arkansas in order to campaign in the employees' parking lot during the shift change. Johnson alleged that the company's labor relations officer, Eugene Earl, advised the plant manager not to allow access to Johnson.
Article VII, Section 12(e) of the Rules provides in part that "a candidate for delegate or alternate delegate and any member of the candidate's Local Union may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by that Local Union's members to park their vehicles in connection with their employment."
After a review of the Rules and a discussion with the attorney for Pilgrim's Pride, Earl agreed to allow access to the parking lots of all Pilgrim's Pride processing plants that employ IBT members. Earl sent a directive to all Pilgrim's Pride processing plants that employ IBT members, instructing plant managers to allow IBT members access to the employee parking lots for the purpose of campaigning.
On this basis, we deem this protest 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 Supervisor 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
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 130
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Johnny Johnson Action/Reform Slate
PO Box 13382
Mamelle, AR 72113
Eugene Earl - Labor Relations
Pilgrim's Pride Headquarters
4845 US Hwy. 271 N.
Pittsburg, TX 75686
Derrick Fletcher
Human Resource Manager
Pilgrim's Pride Processing Plant
1420 St. Louis Street
Batesville, AR 72501
Billy Patrick, President
Local Union 878
P.O. Box 190070
Little Rock, AR 72219
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com