March 12, 1996
VIA UPS OVERNIGHT
Gayle Bozarth, Ronald Coates
March 12, 1996
Page 1
Gayle Bozarth
8832 Frederick Park
Dayton, OH 45414
Ronald L. Coates
4231 Willow Run Drive
Beavercreek, OH 45430
Burt Aytts, Vice President
Dura-crete, Inc.
1504 N. Gettysburg Avenue
Dayton, OH 45406
Gayle Bozarth, Ronald Coates
March 12, 1996
Page 1
Re: Election Office Case No. P-552-LU957-CLE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Gayle Bozarth and Ronald Coates, members of Local Union 957.
The protesters allege that Dura-crete, Inc., an employer of IBT members, denied them the right to campaign in its parking lot as permitted in Article VIII, Section 11 of the Rules. Specifically, the protesters state that they attempted to campaign in the Dura-crete parking lot on February 27, 1996, but were ordered to leave the premises by Burt Aytts, an employer agent.
This protest was investigated by Regional Coordinator Joyce Goldstein.
Gayle Bozarth, Ronald Coates
March 12, 1996
Page 1
Article VIII, Section 11(e) of the Rules provides that “candidates for delegate or alternate delegate and any member of the candidate’s 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 . . .” Such campaigning, however, must occur during times when the area is “normally open to employees” and cannot “materially interfere” with the employer’s business. Also, employees may not engage in such campaigning during work hours, and the employer may require reasonable identification to assure that the person seeking access is a candidate or other union member entitled to such access.
In an effort to resolve this protest, the regional coordinator contacted Dura-crete, Inc. As a result of discussions, Dura-crete, Inc. has agreed to allow Local Union 957 delegate and alternate delegate candidates and/or their credentialed representatives access to its parking lot for campaign purposes. Pursuant to this agreement, non-employee campaigners will be required to park their vehicles outside the employee parking lot and proceed to the office to identify themselves. Candidates will be expected to produce photo identifications, such as a driver’s license. Credentialed representatives will be expected to produce a credentialed representative form. Campaigners will then be escorted on to the employee parking lot where they will be permitted to campaign freely to employees who are not on work time.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protesters’ complaints have been addressed, and the relief requested has been achieved. Accordingly, this protest is 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 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
Joyce Goldstein, Regional Coordinator