February 26, 1996
VIA UPS OVERNIGHT
Homer Lambert, Jr.
February 26, 1996
Page 1
Homer Lambert, Jr.
30 W. 168 Briar Lane
Naperville, IL 60563
Rush Presbyterian
St. Luke’s Medical Center
729 S. Paulina
Chicago, IL 60612
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Homer Lambert, Jr.
February 26, 1996
Page 1
Re: Election Office Case No. P-359-LU743-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Homer Lambert, Jr., a member of Local Union 734. Mr. Lambert protests that his employer permitted campaign materials on behalf of James P. Hoffa, a candidate for general president, to be posted on union bulletin boards, while the same opportunity was not permitted to supporters of Ron Carey in violation of Article VIII, Section 11(d) of the Rules.
The employer, Rush-Presbyterian-St. Luke’s Medical Center (“Medical Center”) confirms that the campaign materials were posted on open departmental bulletin boards, but that it responded and removed all such postings upon learning of them.
The protest was investigated by Adjunct Regional Coordinator Dennis M. Sarsany.
On January 19, 1996, the protesters noticed campaign material supporting Mr. Hoffa posted on Medical Center bulletin boards in three maintenance shops: plumbing, electrical and carpentry. The protester brought these postings to the attention of the Medical Center’s Human Resources Department. On January 25, 1996, the Medical Center removed the material and confirmed that political items should not be posted on bulletin boards in the future.
Homer Lambert, Jr.
February 26, 1996
Page 1
There are many bulletin boards at the Medical Center. The union bulletin boards are locked with access restricted to the Department of Human Resources. The materials for these bulletin boards are submitted to the Medical Center by the local union. Pursuant to the agreement between the union and the Medical Center, materials on the union bulletin boards must be of a “non-controversial nature” and, “[t]here shall be no distribution or posting by employees of advertising or political material, notices or other kinds of literature on Hospital property . . .” The investigation revealed that the Medical Center has not permitted the posting of political materials on any bulletin boards, including during the 1991 IBT International officer and delegate elections.
The Rules, at Article VIII, Section 11(d), in relevant part, state: No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign purposes.
Here, there is no evidence that the Medical Center expressly or implicitly permitted the campaign literature to be posted on the bulletin boards. In fact, there was no preexisting right to post campaign literature on the bulletin board. While the literature was posted for six days, it appears this was due to a possible settlement of the protest.[1] Based on these circumstances, the Election Officer does not find a violation of Article VIII, Section 11(d). See Ford, et al., P-381-LU71-SEC, et seq. (February 15, 1996).
Accordingly, the protest is 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.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Homer Lambert, Jr.
February 26, 1996
Page 1
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
Julie Hamos, Regional Coordinator
Dennis M. Sarsany, Adjunct Regional Coordinator
[1]After the Human Resources Department was advised of the postings, the local union became involved, and initially, the Medical Center agreed that it would allow the posting of campaign-related materials on the open bulletin boards if the items were posted by an official of Local Union 743. When the protester advised the Medical Center that he would not accept such a settlement, the Medical Center advised that it would continue its policy of disallowing political postings. Thereafter, the Medical Center removed the materials.