October 25, 1996
VIA UPS OVERNIGHT
Glen Baker et al.
October 25, 1996
Page 1
Glen Baker
16302 E. Benwood Street
Covina, CA 91722
Louis Stiefel
27580 Villa Avenue
Highland, CA 92346
Dave Patterson
5520 E. 2nd Street #390
Long Beach, CA 90803
Doug Kinsinger
Rykoff-Sexton
15155 Northern Street
La Marida, CA 90638
Bob Boop
Rykoff-Sexton
15155 Northern Street
La Marida, CA 90638
Tom Vonderwolker
Rykoff-Sexton
15155 Northern Street
La Marida, CA 90638
Glen Baker et al.
October 25, 1996
Page 1
Re: Election Office Case No. P-1084-LU420-CLA
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
Glen Baker, a member of Local Union 420, Louis Stiefel, a member of Local Union 420, and Dave Patterson, a member of Local Union 420. The protesters allege that they were prevented from campaigning in an employee parking lot at a Rykoff-Sexton, Inc. (“Rykoff”) facility in La Marida, California, in violation of the Rules.
Douglas Kinsinger, director of warehousing for Rykoff, states that the protesters were not asked to leave the premises but were asked to refrain from blocking traffic at the facility.
Regional Coordinator Dolly Gee investigated the protest.
Glen Baker et al.
October 25, 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.
After communicating with the Regional Coordinator, Mr. Kinsinger now states that he will comply with the Rules and permit campaigning in the employee lot provided the campaigners present identification to employer representatives when they arrive to campaign, check in with the lobby receptionist, and request that the director of warehousing, the facility manager, or the warehouse manager be notified of their presence. Further, the employer requires campaigners to limit campaign activity to personal campaigning and personal distribution of campaign literature in the employee parking lot. The employer states that campaigners will not be allowed to place literature on vehicles in the parking lot.[1] Finally, the employer states that campaigning will be limited to the normal starting time for its bargaining unit employees; between 4:00 and 7:00 a.m. and 5:30 to 7:00 p.m. The Election Officer has previously found such a limitation reasonable. See Mee, P-835-IBT-CLA (July 18, 1996).
The Election Officer finds that such restrictions are consistent with the Rules. The employer states that, so long as campaigners adhere to the restrictions, they will be permitted onto the premises to campaign in the future.
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
Glen Baker et al.
October 25, 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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Dolly Gee, Regional Coordinator
[1]The Election Officer has previously found that parking-lot access does not give campaigners a right to place campaign literature on vehicles. See Terrazas, P-914-LU63-CLA (September 11, 1996).