March 28, 1996
VIA UPS OVERNIGHT
Daniel Carroll
March 28, 1996
Page 1
Daniel H. Carroll
6535 Lakewood Boulevard, S.W.
Tacoma, WA 98499
Dick Adams, Manager
UPS Tacoma Center
5001 20th Street, E.
Tacoma, WA 98424
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Daniel Carroll
March 28, 1996
Page 1
Re: Election Office Case No. P-551-LU313-PNW
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) by Daniel Carroll, a member of Local Union 313 and a former candidate for delegate. Mr. Carroll alleges that Dick Adams, a manager at UPS’s Tacoma Center, impermissibly removed campaign literature from a union bulletin board located at the UPS facility. This protest was deferred, pursuant to Article XIV, Section 2(f)(2) of the Rules, for post-election review.
Specifically, Mr. Carroll alleges that he made daily attempts, beginning on January 25, 1996, to post campaign literature relating to the delegate or alternate delegate election on a union bulletin board. Following each attempt, Mr. Carroll states that the next day the literature had been removed. On January 27, according to Mr. Carroll, literature he had posted the preceding night was found in his driver drawer with a note from Mr. Adams written on it, stating: “Dan, Please don’t post these any longer. Dick.”
In response, UPS does not deny Mr. Adams’ responsibility for the alleged incidents. UPS states, however, that it has enforced a long-standing company-wide policy against posting anything other than official union correspondence on union bulletin boards.
Daniel Carroll
March 28, 1996
Page 1
This protest was investigated by Regional Coordinator Christine Mrak.
The Election Officer’s investigation confirmed Mr. Carroll’s account of the bulletin board incident. It also confirmed UPS’s response that the bulletin board upon which Mr. Carroll posted his campaign literature is not a general purpose bulletin board, but is reserved solely for official union correspondence and notices on union letterhead. There is no evidence that UPS has discriminatorily enforced this policy.
Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ pre-existing rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Past practice is a relevant consideration in determining whether a pre-existing right to use bulletin boards for campaign-related purposes has previously been established. Meyer,
P-130-LU600-MOI, et seq. (October 12, 1995); Blake, P-953-LU848-CLA (October 30, 1991). The evidence presented indicates that UPS has maintained a long-standing policy prohibiting access to the union bulletin board for purposes other than official union business. Thus, no pre-existing right to use the union bulletin board is implicated and the Rules were not violated.
In consideration of the foregoing, 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
Daniel Carroll
March 28, 1996
Page 1
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
Christine Mrak, Regional Coordinator