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Office of the Election Supervisor for the International Brotherhood of Teamsters














February 21, 1996








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




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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Matthew D. Ross, Regional Coordinator