August 4, 1995
VIA UPS OVERNIGHT
Timothy W. Dunn
37 Southwick Road
North Reading, MA XXX-XX-XXXX
Martin Wald, Esq.
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market Street
Philadelphia, PA 19103
David W. Laughton, Secretary-Treasurer
Teamsters Local Union 633
265 Maple Street
Manchester, NH 03103
Re: Election Office Case No. P-087-LU633-SCE
Gentlemen:
This protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”). The protester, Timothy Dunn, a member of Local Union 259, contends that while leafleting on an employer’s premises on behalf of James P. Hoffa, a candidate for International General President, he was told to leave at the request of an IBT shop steward in violation of Article VIII, Section 11(e).
The employer responds that it did not ask the protester to leave the premises, but simply to move to a safer spot about 40 feet away.
The investigation was conducted by Regional Coordinator Bruce Boyens, who spoke to the witnesses identified below and visited the facility involved in the protest.
Timothy W. Dunn
August 4, 1995
Page 1
The protester states that on May 3, 1995, at approximately 7:30 AM, he began handing out leaflets supporting the Hoffa campaign at the facility of United Parcel Service (UPS) in Nashua, New Hampshire. He was standing in the facility’s large parking lot, near the sidewalk used by employees to enter the building, handing leaflets to entering UPS employees. After leafleting for approximately 20 minutes, Mr. Dunn was approached by a man who identified himself as the building manager and who asked the protester to leave UPS property. When Mr. Dunn asked that he be allowed to stay, the building manager said, “I don’t care that you do this, but the Teamster Steward is very angry, and he asked me to have you leave the property.” Mr. Dunn states in his protest that the Union officials at this facility are declared supporters of General President Ron Carey who pressured the UPS manager to have Mr. Dunn removed. The protester did not name, and investigation did not disclose, any corroborating witnesses.
The investigator spoke with Jack Brennan, the Center Manager for the UPS facility in Nashua. Mr. Brennan states that he spoke to the protester on the day in question and asked him to move away from the sidewalk leading into the building. Mr. Brennan claims he was concerned about Dunn creating a safety hazard due to the nearness of trucks and cars. Mr. Brennan states that he did not tell the protester to leave UPS property, but to move approximately 40 feet away to the sliding gate where cars entered the parking lot, a location still on UPS property. He states that Mr. Dunn did move as requested, but Mr. Brennan did not observe where Mr. Dunn went after their conversation.
Mr. Brennan strongly denies that he had any conversation with a Teamster steward or any other Teamster official about Mr. Dunn’s presence. Mr. Brennan also states that he never said anything to the protester about speaking to a Union steward about Mr. Dunn’s presence.
The Election Office investigator also interviewed Ed Southern, the IBT shop steward who spoke to Mr. Dunn that day at the facility.[1] Mr. Southern states that he spoke with Dunn in the parking lot and accepted a leaflet from him that morning. However, Mr. Southern denies that he spoke to anyone, Union or management, about Dunn’s presence, and at any time asked anyone from management to have Dunn removed from the property.
Article VIII, Section 11(e)(iii) of the Rules states:
[A] candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union
Timothy W. Dunn
August 4, 1995
Page 1
members to park their vehicles in connection with their employment in said regional area(s).
The Rules thus recognize and protect a limited right of access to nonwork areas of the employers’ parking lots for the purpose of campaigning. The right of access was expressly recognized in the latest version of the Rules based in part on the success of this form of campaigning in building democratic participation in the 1991 election, and in part on the lack of effective alternative means of reaching IBT members in light of the Union’s structure and members’ occupations. During the 1990-91 election, the Independent Administrator found that "the right to bring campaign messages to employees at their workplaces is fundamental to the ability of any candidate[ ] to successfully campaign for Union office." Yellow Freight, 91 Elec. App. 43, aff’d, 1991 WL 51065 (S.D.N.Y. April 3, 1991), vacated and remanded, 948 F.2d 98 (2d Cir. 1991, as amended, February 14, 1992), vacated as moot, U.S. , 113 S. Ct. 31 (1992).
In this case, however, there is no persuasive evidence that the Rules were violated, either by UPS or by any IBT local union agents. The UPS manager credibly stated that he did not ask Dunn to leave the property, but simply to move to a different area of the parking lot. The Union steward identified in the course of the investigation credibly stated that he had no conversation with the UPS manager and made no request to have Dunn removed from the property. Although the protester’s statement is contrary to the other two witnesses, he was not able to provide any corroboration by way of other witnesses or independent evidence.
Based on the above, there is insufficient evidence to find that a violation of Article VIII, Section 11(e)(iii) took place, and the protest is accordingly DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the
Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Timothy W. Dunn
August 4, 1995
Page 1
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Bruce Boyens, Regional Coordinator
[1]The investigator contacted Local Union 633 to determine that Mr. Southern would have been the shop steward who arrived at work during the time Mr. Dunn was present at the UPS facility.