August 23, 1996
VIA UPS OVERNIGHT
John Chiappetta
August 23, 1996
Page 1
John Chiappetta
688 N.W. 124th Court
Miami, FL 33182
John Wright, Dispatch Operations Manager
Consolidated Freight
10066 General Drive
Orlando, FL 32824
Tom Gurr, Operations Manager
Consolidated Freight
3355 N.W. 41st Street
Miami, FL 33142
John F. Ring
Moran, Lewis & Backius
1800 M Street, N.W.
Washington, DC 20036
Vince Hickman, Trustee
Teamsters Local Union 390
2940 N.W. 7th Street
Miami, FL 33125
John Chiappetta
August 23, 1996
Page 1
Re: Election Office Case No. P-872-LU390-SEC
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 John Chiappetta, a member of Local Union 390. Mr. Chiappetta alleges that Consolidated Freight (“CF”) has restricted employees from exercising their pre-existing rights to post campaign-related material on a union bulletin board and removed such material from the board, in violation of the Rules.
CF responds that its agent, Tom Gurr, Miami operations manager, erred in removing the materials and instructing the protester that he was not allowed to post such material.
Mr. Gurr had been instructed to remove the material by John Wright, CF’s Orlando dispatch manager. The employer admits that the bulletin board at issue, located in a drivers’ room at its Miami facility, is a general use board controlled by the union. CF states that it will not interfere further with employees’ pre-existing rights to post campaign material on the bulletin board.
John Chiappetta
August 23, 1996
Page 1
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, 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
Maureen Geraghty, Adjunct Regional Coordinator