September 19, 1996
VIA UPS OVERNIGHT
Clifford T. Chentnik
N3066 Apricot Road
Lake Geneva, WI 53147
Leo Waldo, Director of Labor Relations
USF Holland
750 E. 40th Street
Holland, MI 49423
Re: Election Office Case No. P-889-LU705-CHI
Gentlemen:
Clifford T. Chentnik, a member of Local Union 325, 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 USF Holland. Mr. Chentnik contends that a written policy issued and posted at USF Holland terminals which “prohibits campaign literature in break rooms, or any other company property,” violates Article VIII, Section 11(d) of the Rules.
Len Waldo, USF Holland Director of Labor Relations, admits he issued the written policy to be posted at 48 USF Holland terminals, but states that it was not the intent of USF Holland to interfere with the rights of IBT members to use break rooms to freely. He states that the policy was issued to keep IBT members from affixing campaign literature to company property and to prevent excess littering of break rooms.
This protest was investigated by Regional Coordinator Julie E. Hamos.
On August 9, 1996, Mr. Waldo issued the following memorandum on “International Union Elections:”
Clifford T. Chentnik
September 19, 1996
Page 1
No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.
These Prohibitions extend beyond strictly monetary contributions made by an employer and include contributions, or use of company equipment, stationery, facilities and personnel.
If any candidate is permitted to have his/her campaign literature posted (other than on Union Bulletin Board), all other candidates must be provided the same opportunity.
All Political advertisements, campaign literature, stickers, buttons, slogans, etc., are prohibited on any Company equipment, lockers, rest room walls, fuel pumps, break rooms, or any other Company property.
(Emphasis in original).
The memo was posted at the Rockford, Illinois terminal where Mr. Chentnik works.
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 preexisting 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 Teller, P-062-LU741-PNW (February 7, 1991); Platt, P-449-LU150-CSF (February 21, 1996),remanded on other grounds, 96 - Elec. App.- 144 (KC) (March 29, 1996).
After discussions with the Regional Coordinator, Mr. Waldo revised his memo on September 18, 1996, by adding the following language at the bottom:
Clifford T. Chentnik
September 19, 1996
Page 1
TO BE POSTED
September 18, 1996
NOTE: Campaign literature is allowed in company break rooms for reading and distribution, during non work time.
The memo was distributed to the same terminals for posting as the initial memo.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints as stated in this protest have been addressed.
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
Julie E. Hamos, Regional Coordinator