May 2, 1996
VIA UPS OVERNIGHT
Nancy Youngermann
May 2, 1996
Page 1
Nancy Youngermann
2033 Willow Trail
St. Charles, MO 63303
Pat Elders, Manager
United Parcel Service
13818 Rider Trail, N.
Earth City, MO 63045
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Nancy Youngermann
May 2, 1996
Page 1
Re: Election Office Case No. P-742-LU688-MOI
Gentlepersons:
Nancy Youngermann, a member of Local Union 688, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). Ms. Youngermann alleges that a manager at the United Parcel Service (“UPS”) facility where Ms. Youngermann works violated the Rules by restraining Ms. Youngermann from distributing campaign literature in a non-work area while she was on non-work time. She states that the manager instructed her not to distribute campaign literature while on company property.
This protest was assigned to Regional Coordinator Michael D. Gordon for investigation.
Ms. Youngermann works at the UPS facility in Earth City, Missouri. She states that on April 22, 1996, she was distributing campaign literature relating to the International election in a breakroom, while on breaktime, when she was told to “cease and desist” by UPS Manager Pat Elders. Ms. Youngermann asserts that the employees to whom she was distributing this material were also on break. Finally, she states that Ms. Elders “informed me that I was not to hand out any campaign literature on company property.”
Nancy Youngermann
May 2, 1996
Page 1
Article VIII, Section 11(d) of the Rules provides:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Among the pre-existing rights incorporated by this section are employee rights under the National Labor Relations Act and the Labor-Management Relations and Disclosure Act to campaign on employer premises, as long as the activity is conducted on non-work time in non-work areas. See Raymond, P-434-LU572-CLA, et seq. (March 14, 1996); Teller, P-062-LU741-PNW (February 7, 1991); Platt, P-449-LU150-CSF (February 21, 1996).
Representatives of UPS have agreed to permit members to campaign in non-work areas on non-work time at the Earth City facility, in conformity with the pre-existing right discussed in the previous paragraph, as long as the recipients of such campaigning are themselves on non-work time and are not delayed in returning to work. This agreement satisfies the Rules.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint has been addressed and the relief to which she is entitled 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
Nancy Youngermann
May 2, 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
Michael D. Gordon, Regional Coordinator