This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters













              October 2, 1996





James E. Tol

7595 16 Mile Road

Cedar Springs, MI 49318


Roundys, Inc.

11300 Burleigh Street

Milwaukee, WI 53222


Re:  Election Office Case No. P-968-LU406-NCE




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 James Tol, a member of Local Union 406 an a candidate for vice president.  Mr. Tol alleges that he was prevented from campaigning at the Wauwatosa, Wisconsin work site of Roundys Milwaukee (Roundys), in violation of the Rules.


Roundys responds that when Mr. Tol was asked to leave the work site he was campaigning in a work area, not an employee parking area.  The employer states that the area in question is a heavily trafficked zone where no employee parking is permitted.


Regional Coordinator Judy Kuhn investigated the protest.


The investigation revealed that on September 27, 1996 Mr. Tol arrived at the work site to campaign.  He placed literature for distribution on the bollard of Roundys Loading

James E. Tol

October 2, 1996

Page 1



Dock 22.  Loading Dock 22 is not an employee parking area.  A representative of Roundys management approached Mr. Tol and informed him that he could not campaign on Roundys property.  Mr. Tol showed the representative a letter distributed by the Election Officer which explains the limited right-of-access to employer premises to campaign.  Mr. Tol was then told to leave the property or the employer would call the police.  Mr. Tol refused to leave, and the police were summoned.  After the arrival of the police, Mr. Tol voluntarily left the premises.


Section 11(e) of the Rules creates a limited right-of-access to IBT members and candidates to distribute literature and seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment.  While “presumptively available,” this right is not without limitations.  It is not available to any employee on working time, and candidates and their supporters cannot solicit or campaign to employees who are on working time.  It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.


The investigation revealed that the Roundys parking lot is used for employee parking and for the movement of business equipment and vehicles to and from loading docks.  Roundys has agreed to allow campaigning at the facility in question so long as such activities are limited to within 50 feet of Tractor Stall 4 in the triangular parking lot at the north end of 113th Street.  Under this restriction, campaigners would be restricted to the southern portion of the parking area.  In addition, Roundys requires that campaign activity does not interfere with normal truck, tractor, and/or trailer movement, that campaigners notify Roundys onsite corporate officer upon their arrival, and that the number of campaigners at any one time be limited to four individuals or fewer.


Given the nature of the employers parking facility, the Election Officer finds the restrictions proposed by Roundys to be reasonable measures to prevent permitted campaigning from materially interfering with the conduct of Roundys business.  The Election Officer also finds the limitation of campaigners to four to be reasonable given the size of the parking area.


Accordingly, the 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


James E. Tol

October 2, 1996

Page 1



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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Judy Kuhn, Regional Coordinator