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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 15, 1996

 

 

VIA UPS OVERNIGHT

 


Tom Feeley

November 15, 1996

Page 1

 

 

Tom Feeley

34-21 Review Avenue

Long Island City, NY  11101

 

Louis Calemine

2058 Homecrest Avenue

Brooklyn, NY  11229

 

Thomas Puccio, Trustee

Teamsters Local Union 295

435 Hudson Street, 4th Floor

New York, NY  10014

 

George Heino, Operations Manager

Airborne Express

JFK International Airport

Building 78, Suite 200

N. Boundary Road

Jamaica, NY  11430


William Boe, Dir. of Labor Relations

Airborne Express

3101 Western Avenue

Seattle, WA  98121

 

Nathaniel K. Charny

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


Tom Feeley

November 15, 1996

Page 1

 

 

Re:  Election Office Case No. P-1139-LU807-NYC

 

Gentlemen:

 


Tom Feeley

November 15, 1996

Page 1

 

 

Tom Feeley, a member of Local Union 804, 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).  The protester alleges that George Heino, operations manager of the Airborne facility at John F. Kennedy Airport (JFK), denied parking lot access to himself and others on October 22, 1996.  It is further alleged that Airborne discriminated in favor of James P. Hoffa, a candidate for general president, by previously allowing Mr. Hoffa and his supporters access to the parking lot.

 

Mr. Heino responds that he enforces a policy of restricting access to the JFK facility parking lot to all campaigners, regardless of their political preference.  He admits he denied access to the protester.  According to Mr. Heino, he observed the protesters canvassing the parking lot leaving campaign leaflets under the wiper blades of employee automobiles. 

Mr. Heino further maintains that Mr. Hoffa has never visited the JFK facility.  The Hoffa campaign says it has no knowledge of this incident.

 

New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.

 

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 employers 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 its employee parking lots at the JFK 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).  Those terms are that the number of campaigners not 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.

 

As to the protester’s allegations of discrimination, the protester has provided no evidence that Airborne has permitted campaigners supporting Mr. Hoffa access to the parking lot or the opportunity to leave literature on employee 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:


Tom Feeley

November 15, 1996

Page 1

 

 

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