November 7, 1996
VIA UPS OVERNIGHT
Doreen Gasman
November 7, 1996
Page 1
Doreen Gasman
2517 N.E. 13th Court
Ft. Lauderdale, FL 33304
Steve Hicks, President
Teamsters Local Union 283
1625 Fort Street
Wyandotte, MI 48192
Bill Sanfilipo, HR Manager
Hublein, Inc.
2500 Enterprise
Allen Park, MI 48101
John P. Hancock, Jr.
150 W. Jefferson #900
Detroit, MI 48226
Doreen Gasman
November 7, 1996
Page 1
Re: Election Office Case No. P-1136-LU966-MGN
Gentlepersons:
Doreen Gasman, a member of Local Union 966, 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 22, 1996, she and other IBT members were denied access to the employee parking lot at Hublein, Inc. (“Hublein”). The protester also contends that Hublein Human Relations Manager Bill Sanfilipo bumped her arm in an attempt to stop her from giving literature to employees and threatened police action against her in front of the employees, in retaliation for exercising her rights under Article VIII,
Section 11(e) of the Rules.
Mr. Sanfilipo states that Ms. Gasman and the other campaigners were not in the employee parking lot. As to the allegation regarding the pushing incident, Mr. Sanfilipo admits he got too close to the protester and brushed her elbow. He states that he apologized to her immediately.
This protest was investigated by Regional Coordinator William A. Wertheimer, Jr.
Doreen Gasman
November 7, 1996
Page 1
Access to Hublein’s parking lot was the subject of the Election Officer’s decision in Gasman, P-966-LU283-MGN (October 14, 1996). In the protest, Ms. Gasman claimed that she had a right to campaign outside Hublein’s main entrance. The Election Officer stated that no pre-existing right permitted Ms. Gasman to campaign in that location and ordered “Hublein, Inc. to permit campaigning in parking lots where IBT members park their personal vehicles, in conformity with Article VIII, Section 11(e) of the Rules, subject only to the limitations set forth in that section.”
The investigation revealed that on October 22, 1996, the protester and IBT members Bob Jordan and Don Stone went to Hublein to campaign. When they arrived, they identified themselves to a security guard who allowed them to begin leafleting. About 30 minutes later, a security guard told them they were in the wrong area for campaigning, and threatened to call the police and have them removed. At some point, Mr. Sanfilipo came out and there ensued an argument between Mr. Sanfilipo and the protester. The protester was not in one of the two employee parking lots but was campaigning close to the building in an area between the two employee parking lots.[1] Mr. Sanfilipo told the protester that her right to campaign was limited to the parking lots. Ms. Gasman argued that she wanted to campaign closer to the building so she could access the employees before they dispersed to the parking lots. At some point during this argument, Mr. Sanfilipo pushed Ms. Gasman away from the employees to whom she was passing out literature.
Article VIII, Section 11(e) of the Rules permits a limited right-of-access to “any parking lot used by Union members to park their vehicles in connection with their employment.” That section further states:
Nothing in this Subsection shall entitle any candidate or other Union member to access to any other part of the premises owned, leased, operated or used by an employer . . .
Ms. Gasman and the other campaigners had no right to campaign in areas other than the employee parking lots. Therefore, the employer’s actions in asking her to leave did not violate the Rules.
As to the allegation that Mr. Sanfilipo pushed the protester, the Election Officer notes that Ms. Gasman was involved in an argument with Mr. Sanfilipo at the time over the appropriate location for campaigning. As noted above, Ms. Gasman was not in an area protected by the Rules. Mr. Sanfilipo apologized to her immediately. The investigation did not reveal that Mr. Sanfilipo was attempting to intimidate the protester, aside from his efforts to get her to move off the property closer to the building.
Ms. Gasman is directed in the future to limit the campaigning to the employee parking lots at Hublein.
Doreen Gasman
November 7, 1996
Page 1
Accordingly, the protest is DENIED.
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
William A. Wertheimer, Jr., Regional Coordinator
[1]There are three parking areas at Hublein, but the investigation disclosed that no IBT members park in the far west parking lot.