April 2, 1996
VIA UPS OVERNIGHT
Robert Yolland
April 2, 1996
Page 1
Robert Yolland
245 Hickory Avenue
Tracy, CA 95376
Mike Parson, Factory Manager
Certified Grocers
1990 Piccoli Road
Stockton, CA 95215
Scott Birch, Terminal Manager
Yellow Freight Systems
1535 E. Pescadeno Avenue
Tracy, CA 95376
John Stone, Human Resources Manager
Leprino Foods
2401 MacArthur Drive
Tracy, CA 95376
Robert Yolland
April 2, 1996
Page 1
Re: Election Office Case No. P-659-LU459-CSF
Gentlemen:
Robert Yolland, a member of Local Union 439, 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”). The protester alleges that members of the Carey slate were denied campaign access to parking lots at Certified Groceries, Yellow Freight and Leprino Foods.
The charged parties, all employers of Local Union 439 members, were contacted by Regional Coordinator Matthew Ross before this protest was filed. They immediately responded that the parking lot access had in fact been denied, but agreed that access for campaigning would be permitted thereafter. Mr. Yolland was advised that access would be permitted at the three employers.
Robert Yolland
April 2, 1996
Page 1
Article VIII, Section 11(e) of the Rules states 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 . . .” The only limitations on this 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 employer’s 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.
Because the employers have agreed to allow members a right-of-access to their parking lots for campaign purposes, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s 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 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
Matthew D. Ross, Regional Coordinator