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Office of the Election Supervisor for the International Brotherhood of Teamsters













February 20, 1996





John G. Platt

1480 Cedar Oak

Placerville, CA 95667


Kevin Patterson, General Manager

Fleming Foods

8301 Fruitridge Road

Sacramento, CA 95826


Re:  Election Office Case No. P-415-LU150-CSF




John G. Platt, a candidate for delegate from Local Union 150, filed a protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).  The protester alleges that Fleming Foods, which has a collective bargaining agreement with Local Union 150, violated the Rules by denying him and two other candidates access to its parking lot at its warehouse on Fruitridge Road in Sacramento for the purpose of campaigning.


This protest was investigated by Regional Coordinator Matthew D. Ross.


Article VIII, Section 11(e) of the Rules states that “candidates 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 Union members to park their vehicles in connection with their employment . . .”  The only limitations on the right are that such campaigning must occur during times when the area is “normally open to employees” and cannot “materially interfere with the course of the employer’s normal business.”  Employees may not engage in such campaigning during work time.



John G. Platt

February 20, 1996

Page 1


The limited-access rule has been designed to infringe upon any employer’s property rights only to the extent necessary to implement the goals of the Consent Decree providing for supervision of the delegate and International officer elections.  In United States v. IBT, No. 88 Civ. 4486 (S.D.N.Y. August 22, 1995), the court approved the limited-access rule, finding it “crucial to the achievement of a free, fair, and democratic election process.”  Id., slip op. at 42.


After discussion with the Regional Coordinator, Fleming Foods has agreed to allow IBT members a right-of-access to its parking lot at its warehouse on Fruitridge Road in Sacramento for campaign purposes, as provided by the Rules.


Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.  The protester’s complaints, as stated in this protest, have been addressed, and the relief requested has been achieved.  Accordingly, this protest, insofar as it involves access to the Fleming Foods parking lot is now RESOLVED.


The protester also alleged that a manager at Fleming Foods who informed him that he was not allowed to campaign on the employer’s parking lot also promised to campaign against him, thereby violating the prohibitions in the Rules on campaign contributions by employers.  As there is no evidence that the manager actually campaigned against the protester, this portion of 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


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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Matthew D. Ross, Regional Coordinator