July 31, 1996
VIA UPS OVERNIGHT
Robert Kirkpatrick
July 31, 1996
Page 1
Robert Kirkpatrick
9352 Candlelight Street
Apple Valley, CA 92308
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Bill Deal, President
Teamsters Local Union 748
1222 I Street
Modesto, CA 95354
Juan Marquez
Teamsters Local Union 748
1222 I Street
Modesto, CA 95354
Robert Kirkpatrick
July 31, 1996
Page 1
Re: Election Office Case No. P-839-LU748-CSF
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Robert Kirkpatrick, a member of Local Union 748. Mr. Kirkpatrick alleges that Local Union 748 President
Bill Deal and Business Agent Juan Marquez campaigned at Tri-County Growers, Plant #7 on July 2, 1996 while on union time, in violation of the Rules.
Messrs. Deal and Marquez deny that they campaigned at the work site. They state that on July 2, International Vice President Ken Mee visited the work site to solicit signatures for a petition to keep organized crime influence out of the union. They spoke with Mr. Mee and gave him some water, but did not assist him in gathering signatures or in campaigning in any way.
Adjunct Regional Coordinator Victoria Chin investigated the protest.
Robert Kirkpatrick
July 31, 1996
Page 1
The Rules, at Article VIII, Section 11(c), strictly prohibit the use of union resources in campaigning. The Rules otherwise permit campaigning by any member of the IBT if there is no utilization of union resources and the member is not campaigning during his or her work hours.
The investigation revealed that on July 2, 1996, International Vice President Ken Mee arrived at the Tri-County Growers work site. The vehicle in which Mr. Mee traveled towed a trailer that displayed a pro-Carey campaign sign. Messrs. Deal and Marquez were already at the site working out of a trailer in which a local union satellite office was housed.
According to Rich Cuevas, the individual offered by the protester as an eyewitness to the alleged incident, Messrs. Deal and Marquez shook hands with Mr. Mee and introduced some of the employees present to him. The three went inside the union trailer briefly and then Mr. Mee left the premises. Mr. Cuevas states that Messrs. Deal and Marquez were with
Mr. Mee for approximately 10 minutes. Mr. Cuevas did not hear any of the conversation because he was over 40 feet away.
Mr. Mee states that he went unannounced to the work site to solicit signatures for a pro-Carey petition. He found the site nearly deserted because, as he discovered, he had arrived a day early for the seasonal cannery workers. He met Messrs. Deal and Marquez as they were leaving the union trailer for lunch and chatted with them. According to Mr. Mee, he went into the air-conditioned trailer for about five minutes to cool off before leaving. He states that he left a copy of his petition with Messrs. Deal and Marquez, but they did not solicit signatures for it in his presence nor did they pass out leaflets or campaign.
Messrs. Deal and Marquez both state that Mr. Mee arrived unexpectedly as they were leaving for lunch. According to Mr. Deal, the three men chatted about harvesting and cannery problems and the recent loss of decertification election at a local work site. Both charged parties state that they invited Mr. Mee into the union trailer for some water and to cool off. After a meeting of no more than 15 minutes, Mr. Mee left and Messrs. Deal and Marquez locked the trailer and went to lunch.
Based upon these statements, the Election Officer concludes that Messrs. Deal and Marquez did not engage in campaign activities while on union time at the Tri-Valley Growers work site. The witness provided by the protester saw the charged parties speaking with
Mr. Mee and introducing him to employees. Such conduct does not rise to the level of impermissible campaigning without further evidence. The statements of all the witnesses are credible and do not conflict. Mr. Mee arrived at the work site to campaign and spoke to Messrs. Deal and Marquez after discovering he had arrived on the wrong day. Part of this conversation was conducted in the union trailer. Messrs. Deal and Marquez were on a lunch break at the time. None of these facts demonstrate that prohibited campaigning took place.
Accordingly, the protest is DENIED.
Robert Kirkpatrick
July 31, 1996
Page 1
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, D.C. 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
Victoria Chin, Adjunct Regional Coordinator