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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 7, 1996





Lorelei Anderson

November 7, 1996

Page 1



Lorelei Anderson

11026 S. Emerald

Chicago, IL  60628


Gerald Zero, Secretary-Treasurer

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL  60612

William Nellis, Secretary to the Board

Central States Pension Fund

9377 W. Higgin Road

Rosemont, IL  60018

Lorelei Anderson

November 7, 1996

Page 1



Re:  Election Office Case No. P-1134-LU705-CHI




Lorelei Anderson, a member of Local Union 705 and a candidate for International vice president, 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 on October 24, 1996, she and other IBT members were campaigning at the Central States Southeast and Southwest Areas Health and Welfare and Pension Funds (“Funds”) in Rosemont, Illinois when a security officer and officers of the Rosemont Police Department advised them that they were on private property and would have to leave.


The Funds, through Secretary to the Board William Nellis, state that during a similar protest in the 1991 election, it was agreed that campaigners may have access to the Funds’ first floor main lobby to campaign after they present identification.


Regional Coordinator Julie E. Hamos investigated this protest.


Lorelei Anderson

November 7, 1996

Page 1



The Funds’ offices are located in a large office complex in Rosemont, Illinois.  Next door to the office complex is a free-standing, seven-story parking garage.  The protester and other campaigners were standing at the garage in the area where drivers are required to put a card pass into a machine which opens the garage gate.  There were also standing at the ground floor entrances to the building where pedestrians exit the garage to walk to the office complex.  The Funds state that two of the campaigners had entered the garage and stopped Funds employees when they exited their vehicles between 5:30 and 6:30 a.m.  These employees contacted security.  The Funds state that the security officers should have directed the protester and the other campaigners where to check in and stand for campaigning, but that these security guards were new to the operation.


The Funds state that it has had a Campaign Rights Policy in place since 1991 which permits campaigners access to its first-floor lobby after presentation of identification.  All employees have to walk through this area to reach their offices.


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 parties have agreed that the access to the first-floor lobby provided by the Funds in lieu of access to the employee parking lot satisfies the purposes of the access requirement under the Rules.  The Funds have assured the Regional Coordinator that the security officers have been alerted about upcoming campaign activity.


Accordingly, the Election Officer is satisfied that 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


Lorelei Anderson

November 7, 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.





Barbara Zack Quindel

Election Officer


cc:               Kenneth Conboy, Election Appeals Master

Julie E. Hamos, Regional Coordinator