October 15, 1996
VIA UPS OVERNIGHT
Richard Carlucci
1925 S. Lombard
Cicero, IL 60804
Rush Presbyterian Medical Center
1655 W. Congress Parkway
Chicago, IL 60612
Re: Election Office Case No. P-1018-LU705-CHI
Gentlepersons:
Richard Carlucci, a member of Local Union 705, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that on September 26, 1996, a Rush-Presbyterian St. Luke’s Medical Center security guard prevented Mr. Carlucci and other IBT members from engaging in protected campaigning for the International officer elections on the public sidewalk.
Rush-Presbyterian St. Luke’s Medical Center states that it has a no-solicitation rule which prohibits anyone from campaigning on the private property of the medical center. The employer concedes that the security guard gave the campaigners incorrect information since they were on public property.
Regional Coordinator Julie E. Hamos investigated this protest.
The facts of this protest are undisputed. The investigation revealed that on September 26, 1996, Mr. Carlucci, along with Local Union 743 member Homer Lambert and Local Union 705 member John McCormick, were campaigning for Ron Carey on the sidewalk on the corner of Paulina and Harrison streets outside one of the many entrances to the hospital. Messrs. Carlucci, Lambert and McCormick were not blocking the sidewalk or causing a disturbance.
Richard Carlucci
October 15, 1996
Page 1
Around 6:45 a.m., the campaigners were approached by a security guard who told them that they were on private property and would have to leave. They explained that they were Teamsters campaigning for the coming election and that they had a right to be there. The guard insisted that they had to leave. The campaigners left after writing down the security guard’s name.
The protester explained that the reason campaigning was taking place outside on the sidewalk is that the employee parking garage is eight stories high. There is a bridge on the third level of the garage which leads to the hospital building, but many of the employees exit the garage and enter the building from the outside entrances. On the day in question, there were campaigners stationed at other outside entrances, who experienced no problems with security guards.
The employer agrees that campaigners may campaign on the sidewalks outside the building entrances. The employer concedes that the security guard gave the campaigners incorrect information. Security personnel have now been alerted to expect IBT campaigners outside the building entrances and to allow them to campaign there.
Accordingly, the Election Officer is satisfied that Mr. Carlucci’s 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
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