October 30, 1996
VIA UPS OVERNIGHT
Michael J. Brannan
600 Kentucky Avenue #311B
Mason City, IA 50401
Nestle Beverage Corporation
70 6th Avenue, N.W.
Waverly, IA 50677
Re: Election Office Case No. P-1095-LU650-MOI
Gentlemen:
Michael J. Brannan, a member of Local Union 650, 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”) against Nestle Beverage Corporation of Waverly, Iowa (“Nestle”). Mr. Brannan contends that Nestle ordered him off the parking lot of its facility, where he was distributing campaign literature on October 16, 1996.
Nestle responds that it strictly enforces a no-solicitation rule in its parking lot.
This protest was investigated by Regional Coordinator Michael D. Gordon.
Nestle is located in Waterloo, Iowa. On October 16, 1996, the protester, along with two other IBT members, went to the plant entrance and asked the security guard to let them distribute campaign literature in the break room. The security guard admitted them. After about 10 minutes, a Nestle official told them they would have to leave the facility.
Later that day, the protester and Todd Hartsell, president of Local Union 90, went to the Nestle parking lot. The protester proceeded to distribute flyers supporting Ron Carey, IBT general president and a candidate for reelection. Mr. Hartsell was distributing Clinton-Gore literature. After about five minutes, the security guard ordered them to leave. Local
Michael Brannan
October 30, 1996
Page 1
Union 650 Business Agent David Bucholtz then approached the protester and told him that he did not think they could be on company property. The protester disagreed and continued to distribute the literature. Thereafter, a Nestle management official approached the campaigners and told them to leave. After the protester attempted to explain the parking lot access rule, the official said he was going to call the police and returned to the building. The protester and Mr. Hartsell continued to leaflet for approximately 15 more minutes and went to their cars. As they were leaving, a police car approached the Nestle entrance. They left without any police interaction.
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. The right of access is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
After discussions with the Regional Coordinator, Nestle has agreed to permit access in accordance with the Rules. Nestle states it will permit parking lot access to IBT members who properly identify themselves and indicate a desire to distribute campaign literature in connection with the International officer election.[1]
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
Michael Brannan
October 30, 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, 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
Michael D. Gordon, Regional Coordinator
[1]To the extent that the protester is alleging it was improper to ask Mr. Hartsell to leave, the parking lot access rule does not apply to the distribution of literature relating to the U.S. presidential elections.