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Office of the Election Supervisor for the International Brotherhood of Teamsters












February 21, 1996






Pete George & Sammy Braswell

February 21, 1996

Page 1



Pete George

212 Sedgefield Lane

Danville, VA 24541


Sammy Braswell

4811-A Lily Road

Wilson, NC 27893

Bill Clodfelter

Billings Freight, Inc.

317 Greens Needles Road

Lexington, NC 27293

Pete George & Sammy Braswell

February 21, 1996

Page 1



Re:  Election Office Case No. P-451-LU391-SEC




Sammy Braswell and Pete George, members of Local Union 391, filed a protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  The protesters allege that Billings Freight, Inc., which has a collective bargaining agreement with Local Union 391, violated the Rules by denying the protester and other members of The Working Teamsters for Reform slate of candidates for delegate from Local Union 391, access to its parking lot at its facility in Lexington, North Carolina for the purpose of campaigning.


This protest was investigated by Regional Coordinator J. Griffin Morgan.


Article VIII, Section 11(e) of the Rules states that candidates for delegate or alternate delegate and any member of the candidates 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 limitation 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 employers normal business.  Employees may not engage in such campaigning during work time.  Additionally, the employer may require reasonable identification to assure that the person seeking access is a candidate or other union member entitled to such access.  

Pete George & Sammy Braswell

February 21, 1996

Page 1



The limited-access rule has been designed to infringe upon any employers 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 and in an effort to resolve this protest, Billings Freight, Inc. has agreed to allow IBT members a right-of-access to its parking lot at its Lexington facility for campaign purposes through the ballot count on March 5, 1996.  They have been advised that access may arise thereafter as an issue in the International officer election.


Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.  The protesters complaints, as stated in this protest, have been addressed, and the relief requested has been achieved.  Accordingly, this protest is now RESOLVED.


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

J. Griffin Morgan, Regional Coordinator