November 15, 1996
VIA UPS OVERNIGHT
Gene Maney
November 15, 1996
Page 1
Gene Maney
32-43 49th Street
Long Island City, NY 11103
Thomas Alfonso
Airborne Express
15-31 Papetti Plaza
Elizabeth, NJ 07206
William Boe, Dir. of Labor Relations
Airborne Express
3101 Western Avenue
Seattle, WA 98121
Richard Brook
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Gene Maney
November 15, 1996
Page 1
Re: Election Office Case No. P-1116-LU807-NYC
Gentlemen:
Gene Maney, a member of Local Union 807, 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 Airborne Express (“Airborne” or “employer”). In his protest, Mr. Maney alleged that Thomas Alphonso, manager of the Airborne facility in Elizabeth, New Jersey, enforced an employer policy in a discriminatory manner by allowing individuals to leaflet cars with campaign literature (presumably for James P. Hoffa, a candidate for general president), but denying supporters of Ron Carey, a candidate for reelection as general president, access to the employer’s parking lot. The protester also alleges that Mr. Alphonso threatened to fire any Airborne driver found with Carey literature and interfered with the protester’s ability to distribute Carey campaign literature outside of Airborne’s property by ordering Airborne drivers not to accept the literature and to speed up past the distributors.
Gene Maney
November 15, 1996
Page 1
Mr. Alphonso responds that he has restricted campaigner access to the larger employee parking lot at the facility. He admits he stood outside the gate watching the campaigners, but denies interfering. He states that he wanted to ensure that the drivers, who were on work time, only slowed down long enough to accept the literature.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Mr. Maney, along with several other IBT members, went to the Airborne facility on October 17 to hand out Carey campaign literature to drivers. Airborne permitted the campaigners access to a small employee parking lot, but Mr. Alphonso restricted access to a larger employee parking lot. After leaving materials on the cars in the smaller lot, the campaigners went outside the Airborne gate and attempted to give campaign materials to drivers exiting the facility in Airborne trucks. Mr. Alphonso stood outside by the driveway
as the campaigners attempted to pass out the literature. The protester and some of the campaigners with him state that Mr. Alphonso told at least some of the drivers to speed up and that if he found any of that literature in their trucks when they came back, they would be fired.
Mr. Alphonso states that he stood outside the gate to be sure that the drivers, who were on work time, slowed down only long enough to take the literature. Mr. Alphonso states that he said jokingly to one driver, “Hey, you’re supposed to step on the gas, not the brake!”
Mr. Alphonso denies telling any of the drivers that they would be disciplined if the campaign literature was found in the trucks.
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. 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).
Airborne has agreed that it will permit campaigning in both employee parking lots at its Elizabeth facility, in accordance with the Rules, on the terms it previously agreed to in Murphy, P-663-LU122-ENG, P-759-LU122-ENG (May 9, 1996), aff’d, 96 - Elec. App. - 190 (May 16, 1996). That is, that the number of campaigners cannot exceed five people at any given time; that the campaigners provide reasonable notice to the local manager, stating the place and time of the visit; that the campaigners provide proper identification; that the activity is confined to the parking lot; and that the campaigners not interfere with Airborne’s operations.
Gene Maney
November 15, 1996
Page 1
As to the protester’s other allegations, he has provided no evidence that Airborne has permitted other campaigners to leave literature on employee vehicles. The protester and the other campaigners were campaigning to employees who were on work time, thus, the Election Officer finds Mr. Alphonso’s explanation that he wanted to ensure that the drivers only stopped long enough to take the literature to be reasonable and permissible, under the Rules. Finally, the Election Officer finds that under the circumstances of this protest, Mr. Alphonso did not violate the Rules by telling some drivers to speed up or not to leave the literature in the employer’s vehicles.
Accordingly, this protest is RESOLVED as to access to the parking lot and DENIED in all other respects.
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
Barbara C. Deinhardt, New York City Protest Coordinator