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Office of the Election Supervisor for the International Brotherhood of Teamsters

              October 2, 1996





Ken Mee

October 2, 1996

Page 1



Ken Mee

42356 Greenbrier Park Drive

Fremont, CA  94538


PMT Transport

520 Hamond Way

Milpitas, CA  95035

Chuck Mack, Secretary-Treasurer

Teamsters Local Union 70

150 Executive Park Boulevard, Suite 2900

San Francisco, CA  94134

Ken Mee

October 2, 1996

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Re:  Election Office Case No. P-951-LU70-CSF




Ken Mee, a member of Local Union 287 and candidate for re-election on the Carey slate as IBT Western Region vice president, 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) alleging that PMT Motor Transport (PMT) violated the Rules by denying permission for Local Union 70 member Charlie Campbell to show a Carey campaign video during non-work time in a break room at its Milpitas, California car-haul facility on September 9, 1996, and by allowing Chuck Mack, a candidate for Western Region vice president on the Hoffa slate, to campaign at the facility [s]everal weeks ago . . . without the same right being offered any member of the Carey slate.  Mr. Mack also states that the Hoffa slate has embarked on a systematic routine of violating the election rules, alleging specifically that Chuck Mack has repeatedly campaigned without allowing the Ron Carey slate members equal access.  Mr. Mee asks for a sweeping ruling against the Hoffa slate to restore fairness.


PMT responds that it withdrew permission for Mr. Campbell to show the campaign video because the video would have run longer than the break during which Mr. Campbell intended to show it.  It admits that it permitted Mr. Mack to campaign in its yard and states that it would extend a similar opportunity to Mr. Mee if asked.


Ken Mee

October 2, 1996

Page 1



This protest was investigated by Regional Coordinator Matthew D. Ross.


PMT employs members of Local Union 70 and Local Union 287 at its Milpitas facility.  Mr. Mee retains seniority and has been an employee at that facility.  Mr. Mee was not present at either of the alleged violations in his protest.


1.              Allegation Concerning the Attempt to Show a Carey Campaign Video


Mr. Campbell states that he intended to show a 15-minute Carey campaign video in the facilitys lunch room during an 8:00 a.m. break on September 9, 1996.  He states that he arranged the showing during the prior week with PMT Supervisor Gary Sergeant.  On September 9, Mr. Campbell brought a TV and VCR to work and got permission from Assistant Terminal Manager Sandy Briggs to leave them in the company office until break.  At break time, he set up the equipment in the break room and was about to play the video when Business Agent Duane Meyers entered the room and said that the company would not allow the video to be shown.


Facility Manager John Ditta states that he vetoed the showing of the video after hearing about it from another manager and discovering that the playing time of the tape was 15 minutes.  He states that the break time during which it was to be shown is 15 minutes long, and that there would not have been enough time after the setting up of equipment.


Article VIII, Section 11(a) of the Rules provides that No candidate or member may campaign during his/her working hours . . . [C]ampaigning during . . . paid lunch hours or breaks, or similar paid time off is also not violative of this section.


The Election Officer credits Mr. Dittas explanation that a 15-minute video cannot be set up and shown in a 15-minute break period.  Therefore, the Election Officer finds that PMT did not violate the Rules by refusing to allow Mr. Campbell to show the Carey campaign video during the 15-minute break at 8:00 a.m. on September 9.


2.              Allegation Concerning the Campaigning by Mr. Mack


It is undisputed that Mr. Mack campaigned in PMTs yard on September 3, 1996 from 5:30 to 6:30 a.m.  He states that he was accompanied by Local Union 70 Shop Steward

Bill Tully, Local Union 70 Business Agent Marty Frates and Local Union 78 Secretary-Treasurer Steve Mack.  The campaigners stood in the yard, just outside the dispatch office, and close to where cars are loaded onto car haulers.


Mr. Mee alleges that PMT violated the Rules by allowing such campaigning without the same right being offered any member of the Ron Carey slate.  Mr. Mee does not allege, however, that any member of the Carey slate has been denied the ability to campaign as

Mr. Mack and his group did.


Ken Mee

October 2, 1996

Page 1



The Election Officer has repeatedly stated that [i]f an employer chooses to allow campaigning on their premises, it may do so as long as equal access is provided to all candidates pursuant to Article VIII, Section 11(d) of the RulesBurrows, P-118-LU70-CLA (September 13, 1995), affd, 95 - Elec. App. - 16 (KC) (September 30, 1995); Rud, P-766-LU320-NCE (July 30, 1996).  That section of the Rules provides:


[N]o restrictions shall be placed upon candidates or members preexisting rights to solicit support, distribute leaflets or literature,  . . . 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.


Unlike other sections of the Rules, this provision does not require that candidates be notified that facilities or resources are available for campaigning.  See, e.g., Article VIII, Section 5(a)(3) (if campaigning is allowed at local union meeting, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting); Article VIII, Section 11(c) (prohibition on use of local union facilities or resources for campaigning unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance); Article XII, Section 1(b)(3) (same).  Therefore, the Election Officer finds that PMT was under no obligation to notify Mr. Mee or any other International officer candidate of the opportunity to campaign on its premises.  In the absence of a denial of equal access by a candidate who requests it, PMT has not violated the Rules.


During the investigation of this protest, PMT admitted that a supervisor was aware of Mr. Macks campaigning in the yard.  It states that it would not object to a similar one-hour period of campaigning by Mr. Mee.  Therefore, Mr. Mee should contact PMT to arrange for such a visit to the facility.


With respect to Mr. Mees request for a general remedy against the Hoffa campaign, the Election Officer finds no basis on this record.  Mr. Mee alleges that [t]he slate headed by Jimmy Hoffa, Jr. has embarked on a systematic routine of violating the election rules, and his support for that allegation is his charge that Chuck Mack has repeatedly campaigned without allowing the Ron Carey slate members equal access.


On this record, there was no violation.  Furthermore, under the Rules, International officer candidates are not obligated to notify other candidates of campaign opportunities and there is no basis under the Rules for asserting that such candidates have any authority to allow[] . . . equal access to other candidates. 


In the present matter, Mr. Mack had no authority to allow Mr. Mee to enter PMTs premises.  Access to employer premises for campaigning is governed by employers and the Rules.  As noted above, Mr. Mee has not alleged that he or any other candidate has been denied access and PMT has indicated that it will permit access to Mr. Mee if asked.

Ken Mee

October 2, 1996

Page 1



For the foregoing reasons, the protest is DENIED.


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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Matthew D. Ross, Regional Coordinator