March 14, 1996
VIA U.S. MAIL
Patrick Raymond & Rudi Giron
March 14, 1996
Page 1
Patrick Raymond
3526 Sandwood Street
Lakewood, CA 90712
Rudi Giron
502 E. 184th Street
Carson, CA 90746
United Parcel Service
17115 S. Western Avenue
Gardena, CA 90247
Jack Cox, Secretary-Treasurer
Teamsters Local Union 572
450 Carson Plaza Drive
Carson, CA 90746
Robert Marshall
99 Glen Eyrie Avenue #4
San Jose, CA 95125
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Assoc. Gen. Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Martin Wald
Schnader, Harrison,
Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Patrick Raymond & Rudi Giron
March 14, 1996
Page 1
Re: Election Office Case Nos. P-434-LU572-CLA
P-501-LU572-CLA
CORRECTED DECISION
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). In P-434-
Patrick Raymond & Rudi Giron
March 14, 1996
Page 1
LU572-CLA, Patrick Raymond, a member of Local Union 572, alleges that the Rules were violated by Rudi Giron, another Local Union 572 member and candidate for delegate on the United Reform slate, when Mr. Giron distributed campaign literature in a United Parcel Service (“UPS”) facility lunchroom. He further alleges that UPS violated the Rules when it permitted Mr. Giron to do so after UPS denied such a right to Barbara Mitoma, a Local
Union 572 member and candidate for delegate on the Local 572 Unity slate, several days before. In P-501-LU572-CLA, Mr. Giron alleges that IBT organizer Robert Marshall violated the Rules by campaigning at the UPS facility while sending a package. Pursuant to
Article XIV, Section 2(f)(2) of the Rules, the Election Officer deferred the protests for consideration post-election.
These protests were investigated by Associate Regional Coordinator Glenn Rothner.
1. Allegations Concerning Distribution of Literature in a UPS Lunchroom
Mr. Giron is a sorter at the UPS facility in Gardena, California. It is undisputed that on February 6, 1996, Mr. Giron distributed campaign literature in the lunchroom during the sorters’ break. Sorters take their breaks simultaneously; the conveyor shuts down. Thus, for purposes of the Rules, Mr. Giron’s campaigning took place on non-work time in a non-work area.
It is also undisputed that UPS Supervisor Lori Casanova did not permit Ms. Mitoma to put campaign literature in the same lunchroom a few days before.
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.
Among the preexisting rights incorporated by this section are employee rights under the National Labor Relations Act and the Labor Management Relations and Disclosure Act to campaign on employer premises, as long as the activity is conducted on non-work time in non-work areas. See Teller, P-062-LU741-PNW (February 7, 1991); Platt, P-449-LU150-CSF (February 21, 1996).
The Election Officer finds that Mr. Giron’s campaigning did not violate the Rules. Therefore, the protest is DENIED as to his actions.
Patrick Raymond & Rudi Giron
March 14, 1996
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UPS has an obligation under the Rules to make its premises available to all members on a nondiscriminatory basis. The Election Officer finds that a few days after Mr. Giron’s campaigning on February 6, the protester spoke with UPS manager Greg Leslie and understood from him that UPS regretted treating Mr. Giron and Ms. Mitoma differently. The protester later stated to Associate Regional Coordinator Rothner that he could have told
Ms. Mitoma to return to the lunchroom to campaign, but instead “just told her to forget it.”[1] Furthermore, in Platt, supra, UPS agreed with a representative of the Election Officer that it would permit employees who are not on work time to distribute literature in non-work areas, including lunchrooms. Platt was issued on February 21, 1996.
Thus, Mr. Raymond’s complaint with respect to the disparate treatment of Mr. Giron and Ms. Mitoma by UPS has been addressed, and the relief to which Mr. Raymond is entitled was achieved. As to UPS, this protest is RESOLVED.
2. Allegations Concerning Campaigning by Mr. Marshall
Mr. Giron alleges that on or about February 13, 1996, IBT organizer Robert Marshall campaigned at the UPS facility in Gardena while sending a package. The alleged campaigning was directed towards Mary Shimono, a Local Union 572 member who processed the package. Mr. Giron claims that Mr. Marshall improperly supported the Local 572 Unity slate and misrepresented that the “opposition” slate, which is Mr. Giron’s United Reform slate, supported the candidacy of James Hoffa for IBT general president.
It is undisputed that Mr. Marshall went to the UPS facility to send an IBT package overnight to the National Labor Relations Board (“NLRB”) office in San Francisco.
Mr. Marshall paid with an IBT credit card. Ms. Shimono handled the transaction. They talked for about five minutes while that was taking place.
According to Mr. Marshall, Ms. Shimono initiated the conversation when she noticed his Teamsters t-shirt. After finding out that he was an organizer, she expressed dissatisfaction with her local union leadership and stated that she was voting for the “opposition” in the delegate election in order to replace the local officers. Mr. Marshall states that he responded in some detail to the difference between a local union officer election and the delegate election and convention process.
Ms. Shimono states that Mr. Marshall started the conversation. After finding out that she liked General President Ron Carey, Mr. Marshall stated that Local Union 572 Secretary-Treasurer Jack Cox (on the Local 572 Unity slate) supports Mr. Carey and that he did not know if the other slate supported Mr. Carey or not.[2] Ms. Shimono asserts that at that point she “gave him a piece of my mind” about the local union leadership, which led to
Mr. Marshall’s explanation of the delegate and convention process. She denied that
Mr. Marshall told her to vote for the Cox slate.
Patrick Raymond & Rudi Giron
March 14, 1996
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The conversation between Mr. Marshall and Ms. Shimono did not violate the Rules. Article VIII, Section 11(b) permits union employees, as individuals, to endorse candidates. Furthermore, while members are prohibited by Article VIII, Section (a) of the Rules from campaigning during work time “[c]ampaigning incidental to work is not, however, violative of this section.” The conversation took place while Mr. Marshall was shipping a package for his employer, the IBT, to the NLRB office in San Francisco. It was incidental to work.
See Newhouse, P-253-LU435-RMT (January 4, 1996) (short campaign conversation during transaction of legitimate union business found incidental).
For the reasons stated above, 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 N. Capitol Street, Suite 855, Washington, DC 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
Glenn Rothner, Associate Regional Coordinator
[1]The ballots were mailed on February 5, 1996 and counted on February 27, 1996.
[2]Thus, Ms. Shimono does not support Mr. Giron’s charge that Mr. Marshall misrepresented Mr. Giron’s slate as aligned with Mr. Hoffa.