October 25, 1995
VIA UPS OVERNIGHT
Robert D. Commike
October 25, 1995
Page 1
Robert D. Commike
36 El Camino Court
Coram, NY 11727
Joseph Williams, Head of Operations
White Rose Foods, Inc.
380 Middlesex Avenue
Carteret, NJ 07008
Joseph Shriver, Head of Security
White Rose Foods, Inc.
380 Middlesex Avenue
Carteret, NJ 07008
Joseph Palladino, Terminal Manager
White Rose Foods
380 Middlesex Avenue
Carteret, NJ 07008
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Susan Davis, Esq.
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Robert D. Commike
October 25, 1995
Page 1
Re: Election Office Case No. P-147-LU138-NYC
Gentlepersons:
A pre-election protest was filed with the Election Officer pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Robert D. Commike, a member of Local Union 138, who alleges that representatives of White Rose Foods (“White Rose”), an employer, denied him access to their property, in violation of Article VIII, Section 11(e) of the Rules.
The instant protest was filed on August 25, 1995, and investigated by New York City Protest Coordinator Barbara Deinhardt.
Robert D. Commike
October 25, 1995
Page 1
At approximately 1:45 p.m. on August 22, 1995, Mr. Commike attempted to solicit White Rose employees, who are also IBT members, to sign accreditation petitions on behalf of IBT General President Ron Carey. These solicitations took place in the White Rose employee parking lot before Mr. Commike’s work shift was to begin. After collecting a few signatures, Mr. Commike was noticed by Joe Shriver, head of security at White Rose. Mr. Shriver expressed concern to Mr. Commike as to the legality of his activities. While Mr. Commike assured Mr. Shriver that his activities were permissible under the Rules, he nevertheless voluntarily ceased collecting signatures because his work shift was about to begin.
Shortly thereafter, Mr. Commike was questioned by White Rose Terminal Manager Joe Palladino and Head of Operations Joe Williams. Mr. Shriver also was present. Mr. Williams expressed concern over the permissibility of Mr. Commike’s activities because of problems involving another local union’s trusteeship as well as White Rose’s no-solicitation policy. Mr. Commike explained that, under the Rules, he had the right to collect signatures in the employer’s parking lot, and he promised to bring a copy of the Rules to work the next day to verify that right. On August 23, Mr. Commike returned to work with a copy of the Rules, but Mr. Williams refused to examine it. Mr. Williams ordered Mr. Commike off White Rose’s property until his work shift was to begin.
The rights of candidates for delegate, alternate and International officer positions and their supporters to campaign and solicit support for IBT members seeking these positions is circumscribed in Article VIII, Section 11(e) of the Rules. Section 11(e)(iii) and (iv) state in relevant part:
(iii) 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 members to park their vehicles in connection with their employment in said regional area(s); (iv) each member of the International Union who is employed within the regional area(s) in which said candidate is seeking office has the reciprocal right to receive such literature and/or solicitation of support from such candidate for International office or candidate’s advocate.
In recognition of employer interests, the Rules also place limitations on these rights, stating that they may not be exercised “on working time” or “among employees who are on working time,” nor when it would “materially interfere with the normal business activities of the employer.”
Mr. Commike’s solicitation occurred in the employer’s parking lot, during a time when neither the protester nor fellow employees were working. In an attempt to resolve this protest, Ms. Deinhardt contacted White Rose and provided its counsel with a copy of the Rules and
pp. 33-42 of U.S. District Court Judge David N. Edelstein’s order in U.S. v. Int’l Bhd. of Teamsters, et al., No. 88 Civ. 4486 (S.D.N.Y. August 22, 1995). Thereafter, White Rose sent a letter to Ms. Deinhardt in which it acknowledged the following:
Robert D. Commike
October 25, 1995
Page 1
Commikee (sic) may distribute literature and/or otherwise solicit support in connection with candidates for delegate for the 1995-1996 IBT International Union Delegate and officer election in the White Rose Food parking lot . . . [He] may only engage in such conduct when: a) the White Rose Food parking lot is normally open to employees; and b) [he] and other employees being solicited or given literature are on non-working time; and c) [his] activity does not materially interfere with the normal business activities of White Rose Food.
The letter to Ms. Deinhardt now permits Mr. Commike to solicit signatures in accordance with the Rules. The Election Officer finds that, because White Rose initially denied
Mr. Commike access to the company’s parking lot, it violated Article VIII, Section 11(d) of the Rules. Therefore, Mr. Commike’s protest is GRANTED. White Rose has since granted
Mr. Commike access to its property and has remedied this Rules violation. No remedy from the Election Officer is therefore necessary.
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.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara Deinhardt, New York City Protest Coordinator
Arthur A. Wasserman, Regional Coordinator