February 21, 1996
VIA UPS OVERNIGHT
John G. Platt
February 21, 1996
Page 1
John G. Platt
1480 Cedar Oak
Placerville, CA 95667
Headley Chambers
United Parcel Service
8453 Jackson Road
Sacramento, CA 95826
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
John G. Platt
February 21, 1996
Page 1
Re: Election Office Case No. P-449-LU150-CSF
Gentlemen:
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”) against United Parcel Service (“UPS”). The protester alleges that by promulgating a broad “No Solicitation Rule” at its West Sacramento facility, UPS has violated the preexisting rights of its employees there to solicit support for candidates for delegate. The protester alleges that for some time, UPS has permitted the United Way to solicit funds from employees at the facility.
This protest was investigated by Regional Coordinator Matthew D. Ross.
Article VIII, Section 11(d) provides:
John G. Platt
February 21, 1996
Page 1
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.
After discussion with a representative of the Election Officer, UPS has agreed to permit employees who are not on work time to campaign and to distribute literature in the locker room, the lunch room and the unenclosed parking area to employees who are not on work time.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints against UPS, as stated in this protest, have been addressed, and the relief requested has been achieved. Accordingly, this protest, insofar as it is filed against UPS, is now RESOLVED.
The protester also requests that Local Union 150 Secretary-Treasurer Cliff Webb be enjoined from implementing the no-solicitation policy. In the absence of any evidence that
Mr. Webb has sought to enforce the employer’s policy, this aspect 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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Matthew D. Ross, Regional Coordinator