November 18, 1996
VIA UPS OVERNIGHT
Gordy Teller
November 18, 1996
Page 1
Gordy Teller
c/o Teamsters Local Union 174
553 John Street
Seattle, WA 98109
Rick Romeo
5401 20th Avenue, S.
Seattle, WA 98108
Andrew Kinigson
Corporate Director of Employee Relations
Pepsi Cola General Bottling
3501 Algonquin Road
Rolling Meadows, IL 60008
Gordy Teller
November 18, 1996
Page 1
Re: Election Office Case No. P-1159-LU174-PNW
Gentlemen:
Gordy Teller, a member of Local Union 174, 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 28, 1996, he placed Carey campaign literature on lunchroom tables at Pepsi Cola Bottling Co. (“Pepsi”) and that Local Union 174 member Rick Romeo interfered with his right to campaign by picking up most of the literature and throwing it in the trash.
Mr. Romeo denies the allegation, stating that he picked up a couple of pieces of literature, read them and threw them away after reading them.
Regional Coordinator Christine M. Mrak investigated this protest.
The investigation revealed that on October 28, 1996, Mr. Teller went to the Pepsi facility to leave some Carey campaign literature. He posted some in a glass-enclosed bulletin board and left two pieces at each end of two or three tables in the lunchroom. While he was still in the lunchroom and speaking to a Pepsi employee, Mr. Romeo entered the room. Mr. Teller states that Mr. Romeo told the other Pepsi employee not to listen to Mr. Teller’s “bullshit” and threw all of the pieces of literature into the garbage, except for the two pieces directly in front of
Gordy Teller
November 18, 1996
Page 1
Mr. Teller.
Mr. Teller and Mr. Romeo agree that when Mr. Romeo threw the literature away,
Mr. Teller told Mr. Romeo that he would file a protest. They also agree that after discussion,
Mr. Romeo removed the literature from the garbage. Mr. Teller asserts that the literature was too crumpled to be legible. Mr. Romeo contends that it was not. The investigation did not reveal whether Mr. Romeo threw away two pieces of literature or six.
The Election Officer does not find that Mr. Romeo’s actions interfered with Mr. Teller’s right to campaign under the Rules.
For the foregoing reasons, 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
Christine M. Mrak, Regional Coordinator