February 26, 1996
VIA UPS OVERNIGHT
Pete George
February 26, 1996
Page 1
Pete George
212 Sedgefield Lane
Danville, VA 24541
Gilbarco, Inc.
7300 Friendly Road
Greensboro, NC 27420
Burns Aerospace
1455 Fairchild Avenue
Winston-Salem, NC 27106
Jack Cipriani, President
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Pete George
February 26, 1996
Page 1
Re: Election Office Case No. P-425-LU391-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Pete George, a member and candidate for delegate from Local Union 391. Mr. George alleges that on February 7, 1996 he and other members were denied access, to parking lots at two different work sites for the purpose of campaigning. Mr. George also alleges collusion between Local
Union 391 and the employers at those work sites in order to subvert the election and requests various forms of relief.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
Gilbarco, Inc., of Greensboro, North Carolina, admits that it denied Mr. George and others access to its parking lot on the date in question. Burns Aerospace, of Winston-Salem, North Carolina, admits that it denied Mr. George and others access to its parking lot on the date in question.
Pete George
February 26, 1996
Page 1
During the investigation of these matters, the Election Officer supplied Gilbarco, Inc. and Burns Aerospace with copies of the “Advisory on Limited Right of Access to Employer Premises,” which sets forth Article VIII, Section 11(c) of the Rules and outlines its restrictions. The right of limited access is available only during hours when the parking lot is normally open to employees, and it is not available to an employee on working time, may not be exercised among employees who are on working time, and does not extend to campaigning which would materially interfere with the normal business activities of the employer. The limited-access rule is designed to infringe upon any employer’s property rights only to the extent necessary to implement the goals of the Consent Decree in fostering a free, open, and supervised election. See Adams, Case No. P-265-LU407-CLE (January 11, 1996).
Representatives of Gilbarco, Inc. and of Burns Aerospace have agreed to provide access to their parking lots in accordance with the Rules.
There is no evidence in the record to support the allegation of collusion between the employers and Local Union 391.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints as stated in this protest, to the extent they are meritorious, have been addressed, and the relief to which he is entitled has been achieved. Accordingly, this protest is now RESOLVED as to the employers; and DENIED as to Local Union 391.
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
J. Griffin Morgan, Regional Coordinator