March 25, 1996
VIA UPS OVERNIGHT
Earl Parker
129 Fletcher Ford Road
Fayetteville, GA 30215
Don Martin, Terminal Manager
Emery Air Freight
1053 Willingham Drive
East Point, GA 30344
Election Office Case No. P-576-LU728-SEC
Gentlemen:
Earl Parker, a member of Local Union 728 and a candidate for delegate on the Concerned Teamster slate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Mr. Parker alleges that he and fellow slate candidate, Chuck Stiles, were denied access to the parking lot of Emery Air Freight (“Emery”) for the purpose of campaigning, in violation of Article VIII, Section 11 of the Rules. The Election Officer deferred the protest for post-election review pursuant to her authority under Article XIV, Section 2(f)(2).
The protest was investigated by Regional Coordinator J. Griffin Morgan.
The facts are undisputed. On Wednesday, February 28, 1996, Mr. Parker and
Mr. Stiles were campaigning in the parking lot of Emery when they were asked to leave by Terminal Manager Don Martin. Prior to their leaving, however, Mr. Martin agreed to refer the matter to their labor relations department.
Earl Parker
March 25, 1996
Page 1
After discussing the matter with the Regional Coordinator, Emery agreed to allow candidates access to the employee parking lot if they contact the company first and have identification with them when they come to campaign. The Regional Coordinator contacted Mr. Parker and Mr. Stiles on March 3, 1996, and advised them that Emery would permit access. Mr. Parker and Mr. Stiles campaigned at Emery prior to the ballot count on
March 14, 1996.
Based upon the foregoing, the 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
J. Griffin Morgan, Regional Coordinator