October 4, 1996
VIA UPS OVERNIGHT
Clifford Batham
October 4, 1996
Page 1
Clifford Batham
15551 Lemarsh Street
Mission Hills, CA 91345
John T. Stephens, Corporate Counsel
Price Costco
4455 Mornea Boulevard
San Diego, CA 92117
Mark Spedding, Manager of
Labor Relations
Price Costco
999 Lake Drive
Issaquah, WA 98027
Clifford Batham
October 4, 1996
Page 1
Re: Election Office Case No. P-846-LU986-CLA
DECISION ON REMAND
Gentlemen:
Clifford Batham, a member of Local Union 986, 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”) against his employer, Price Costco. The protester alleges that Price Costco has violated the Rules by prohibiting employees at its Burbank, California facility from wearing campaign buttons and shirts, despite having previously permitted these employees to wear such items.
On August 6, 1996, the Election Officer issued her decision in this matter. The decision held that Price Costco violated the Rules, at Article VIII, Section 11(d), by prohibiting employees at its Burbank, California facility from wearing campaign buttons and campaign-related shirts, because the evidence established a pre-existing right to wear such items. The basis for this conclusion was statements provided by three employees who each asserted that such campaign materials were worn by them during the 1991 election period. Batham, P-846-LU986-CLA (August 6, 1996).
The matter was appealed to the Election Appeals Master. On August 16, 1996, the Election Appeals Master ruled that this evidentiary record was insufficient. He stated:
Clifford Batham
October 4, 1996
Page 1
The Election Officer must develop concrete evidence that the employer representatives at the site knew about, and permitted the conspicuous display of campaign insignia during work hours and in open view of members of the public. Although proof of knowledge and approval may be established inferentially, such an inference must be supported by substantially greater evidence of practice than is evident in the present record.
In Re: Batham, 96 - Elec. App. - 225 (KC) (August 16, 1996).
An additional fact investigation was conducted. At the conclusion of the investigation, on October 3, 1996, Price Costco agreed in writing to “permit the employees at Burbank to continue the existing practice until completion of the campaign period for the 1996 election between Mr. Carey and Mr. Hoffa.”
Based on this agreement, the Election Officer concludes that 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
Dolly M. Gee, Regional Coordinator
Clifford Batham
October 4, 1996
Page 1