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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 6, 1996

 

 

VIA UPS OVERNIGHT

 


Bill Lloyd & Charles Lloyd

November 6, 1996

Page 1

 

 

Bill Lloyd

3237 N. Oketo

Chicago, IL  60634

 

Charles Lloyd

5266 S. State #404

Chicago, IL  60609

 

John Engler, HR Manager

C.P.C. Entenmanns Baking

300 W. North Avenue

Northlake, IL  60164


Philip Renaught, Attorney

C.P.C. Baking Business

55 Paradise Lane

Bayshore, NY  11706

 

Ron Carey Campaign

c/o Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Bill Lloyd & Charles Lloyd

November 6, 1996

Page 1

 

 

Re:  Election Office Case No. P-1036-LU703-CHI

 

Gentlemen:

 

Bill Lloyd, a member of Local Union 703, and Charles Lloyd, a member of Local Union 738, 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 C.P.C. Entenmanns Baking (Entenmanns) in Northlake, Illinois, refused to permit the protesters to pass out campaign literature on behalf of the Ron Carey No Corruption-No Dues Increase Slate (Carey slate) in the employee parking lot, in violation of the Rules

 

Entenmanns admits that it did not permit the protesters access to its parking lot.

 

Regional Coordinator Julie E. Hamos investigated this protest.

 


Bill Lloyd & Charles Lloyd

November 6, 1996

Page 1

 

 

Bill Lloyd and Charles Lloyd state that on September 30, 1996, they were campaigning in the Entenmanns employee parking lot on behalf of the Carey slate.  Entenmanns Manager of Human Resources John Engler told the protesters that no Teamsters are allowed on the property and if they did not leave the property, Mr. Engler was going to call the police.

 

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 work time and candidates and their supporters cannot solicit or campaign to employees who are on work time.  It is also restricted to campaigning that will not materially interfere with an employers normal business activities.  

 

The Regional Coordinator discussed the denial of access with Entenmanns.  Entenmanns has now agreed to permit access to its parking lot for campaigning and the protesters have been so advised.

 

Accordingly, the Election Officer is satisfied that the 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