October 31, 1996
VIA UPS OVERNIGHT
Timothy Dunn
October 31, 1996
Page 1
Timothy W. Dunn
37 Southwick Road
North Reading, MA 01864
Ron Tortelli, Senior VP
Human Resources Department
SuperValu Grocery
11840 Valley View Road
Eden Prairie, MN 55344
SuperValu Grocery Warehouse
340 Ballardvale Road
Andover, MA 01810
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Timothy Dunn
October 31, 1996
Page 1
Re: Election Office Case No. P-1066-LU259-ENG
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Timothy Dunn, a member of Local Union 259. Mr. Dunn alleges that a representative of SuperValu Grocery Warehouse (“SuperValu”), which employs IBT members, denied him and another IBT member access to the company’s employee parking lot for the purpose of campaigning.
This protest was investigated by Associate Regional Coordinator David F. Reilly.
The Election Officer’s investigation shows that Mr. Dunn is an active supporter of
Timothy Dunn
October 31, 1996
Page 1
James P. Hoffa, a candidate for general president, and that he has campaigned several times in the past at the SuperValu facility in Andover, Massachusetts. On October 8, 1996, Mr. Dunn and Local Union 122 member Robert Ivy arrived at SuperValu to distribute campaign leaflets. Robert Morse, SuperValu warehouse manager, confronted the two campaigners and ordered them off the property. Mr. Dunn told Mr. Morse that he and other IBT members had campaigned there before without opposition from the company. He also stated that IBT members had a right, under the Rules, to campaign at the facility. Mr. Morse responded that SuperValu had a “new policy” pertaining to campaign access, that the previous campaigning had been “authorized” by the company, and that the new policy required that future campaigning occur on a public street outside SuperValu’s property. Messrs. Dunn and Ivy left the facility after Andover city police arrived at the facility and asked them to leave.
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.
SuperValu has informed the Election Officer that it will permit parking lot access at the facility in question, in accordance with the Rules. SuperValu also has agreed to permit campaigners access to all SuperValu locations, so long as campaigners do not block ingress or egress to a facility, and that no safety hazards are created. SuperValu also has agreed to post a statement at all facilities stating that SuperValu will permit all IBT members the right to support any candidate of their choice free from threats and intimidation. Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.
Accordingly, this 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
David F. Reilly, Associate Regional Coordinator