October 22, 1996
VIA UPS OVERNIGHT
Ben Alessia
October 22, 1996
Page 1
Ben Alessia
3610 E. 192nd Street
Lansing, IL 60438
Pepsi Bottling
9300 Calumet Avenue
Munster, IN 46321
Andrew Kinigson
Corp. Director of Employee Relations
PepsiCo General Bottling
3501 Algonquin Road
Rolling Meadows, IL 60008
Ben Alessia
October 22, 1996
Page 1
Re: Election Office Case No. P-1013-PEP-CHI
Gentlemen:
Ben Alessia 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 Pepsi-Cola General Bottlers (“Pepsi Bottlers”) in Munster, Indiana refused to permit the protester to pass out campaign literature on behalf of Ron Carey in the employee parking lot, in violation of the Rules.
Pepsi Bottlers admits that it did not permit the protester access to its parking lot.
Regional Coordinator Julie E. Hamos investigated this protest.
Mr. Alessia states that on September 24, 1996, he attempted to campaign inside the entrance of the parking lot by the guard shack on behalf of Mr. Carey. The guard on duty at Pepsi Bottlers refused to permit the protester access to the parking lot.
Ben Alessia
October 22, 1996
Page 1
Article VIII, 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.
It is undisputed that Mr. Alessia was denied access to the employer’s parking lot when he attempted to campaign there. The Regional Coordinator discussed the denial of access with Andrew Kingston, the Corporate Director of Employee Relations. Mr. Kingston has now agreed that union members can campaign in the parking lot in the area close to the guard shack. All automobiles entering the parking lot pass through this area. Campaigners are required to show identification to the guard. The protester has been advised that such access will be permitted.
Accordingly, the Election Officer is satisfied that Mr. Alessia’s protest has been 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