February 15, 1996
VIA UPS OVERNIGHT
Gerry Pape
February 15, 1996
Page 1
Gerry Pape
2940 N.W. 7th Street
Miami, FL 33125
Amadeo E. Bianchi
12920 N.W. Miami Court
North Miami, FL 33168
Ed Claus
3915 N.W. 25th Street
Miami, FL 33142
Ed Donahue
3795 N.W. 21st Street
Miami, FL 33142
Gerry Pape
February 15, 1996
Page 1
Re: Election Office Case Nos. P-366-LU390-SEC
P-375-LU390-SEC
Gentlepersons:
Gerry Pape, a candidate for delegate from Local Union 390, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) docketed as P-366-LU390-SEC, against Amadeo Bianchi, a candidate for delegate from Local Union 390 on a slate opposing Ms. Pape’s slate. Ms. Pape alleged that by campaigning inside a Hertz Corporation (“Hertz”) facility on January 27, 1996 when he is not a Hertz employee, Mr. Bianchi violated the Rules. Ms. Pape also filed a protest docketed as P-375-LU390-SEC, alleging that Mr. Bianchi improperly campaigned at another Hertz facility on January 25, 1996. In each protest, she requests that the slates running against the Bianchi slate be permitted “equal time” to campaign at the respective Hertz facility. Because the protests involve similar facts and legal issues, they were consolidated for decision by the Election Officer.
Mr. Bianchi denies that he campaigned inside of the Hertz facility on January 25, 1996, although he admits that one of his supporters campaigned inside the work site on that day. Mr. Bianchi admits that on January 27, 1996 he distributed campaign materials at the Hertz facility, but asserts that he was not given permission to do so by Hertz.
Gerry Pape
February 15, 1996
Page 1
The protest was investigated by Regional Coordinator J. Griffin Morgan.
Victor Farvet, who is not a Hertz employee, admits that on January 25, 1996, he campaigned on behalf of a slate led by Mr. Bianchi in the lunchroom of the Hertz facility located at 3915 N.W. 25th Street. There is no evidence that Mr. Bianchi campaigned at the Hertz work site that day.
Ed Claus, a Hertz manager, states that the company does not permit non-employees access to its lunchroom. He further states that he did not learn of the January 25 visit by
Mr. Farvet until the next day, when the protester complained to Hertz City Manager Ed Donahue.
Mr. Bianchi went to the Hertz facility on Belvedere Road on January 27, 1996, where he introduced himself as a candidate for delegate from Local Union 390 to the counter clerks and asked them to tell him the location of the employee parking lot so that he could campaign there. He also asked if he could speak to the manager to let him know that he would be campaigning in the parking lot.
One of counter clerks asked Mr. Bianchi if he was running against Gerry Pape, who is the business agent who represents Hertz employees. When Mr. Bianchi responded that he was, the two employees told him that they supported Mr. Bianchi’s candidacy. Mr. Bianchi asked one of the clerks if she would pass out literature for him. When the clerk agreed,
Mr. Bianchi left to get leaflets from his van, and returned with approximately 25 leaflets for the clerk. The manager then arrived and showed Mr. Bianchi the location of the employee parking lot.
Article VIII, Section 11(d) of the Rules provides:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Similarly, the Rules broadly permit campaigning by employee-members during break times and non-working hours.
There is no evidence that Hertz expressly or implicitly permitted Mr. Farvet or
Gerry Pape
February 15, 1996
Page 1
Mr. Bianchi to campaign inside its facilities at either location. In fact, the evidence presented indicates that the employer was unaware of either member’s presence inside a Hertz facility and when made aware, directed the member to the parking lot. Although campaigning inside the facility occurred, there is no evidence that Hertz discriminated in favor of the Bianchi slate. Therefore, the Election Officer does not find that Hertz violated the Rules. There is no evidence that Mr. Bianchi or Mr. Farvet violated any rules by campaigning inside a Hertz facility.
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 and 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
J. Griffin Morgan, Regional Coordinator