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Office of the Election Supervisor for the International Brotherhood of Teamsters













November 11, 1996




Sergio Oceguera

November 11, 1996

Page 1



Sergio Oceguera

2102 Woodview

Wilmington, IL  60481


Mike Willard

Yellow Freight

10301 S. Harlem Avenue

Chicago Ridge, IL  60415

Daniel Hornbeck

Yellow Freight

10990 Roe Avenue

Overland Park, KS  66211

Sergio Oceguera

November 11, 1996

Page 1



Re: Election Office Case No. P-1164-LU705-CHI




A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) by

Sergio Oceguera, a member of Local Union 705.  Mr. Oceguera alleges that an agent of Yellow Freight ordered him and another person off employee parking lots at its Chicago Ridge facility, where they were distributing campaign literature.


In response, Yellow Freight admits that the incident occurred.  The company alleges, however, that the campaigners were ordered from the parking lots because they were running back and forth between the two lots.  Yellow Freight states that Chicago Ridge is the largest and most active of all the companys facilities, and that the company ordered the campaigners off the property out of concern for their safety.


This protest was investigated by Regional Coordinator Julie E. Hamos.


Sergio Oceguera

November 11, 1996

Page 1



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.  The right-of-access is also restricted to campaigning that will not materially interfere with an employers normal business activities.


Access to the Chicago Ridge facility for campaign purposes was the subject of an earlier Election Office protest.  See Oceguera, P-910-LU705-CHI (September 24, 1996).  The protester admits to running between the two parking lots, but insists that this occurred just once or twice.  After discussions with the Regional Coordinator, the protester has agreed to cease this activity.  This agreement was memorialized in a memorandum from the Regional Coordinator to Richard Granch, manager at Yellow Freight’s distribution center.


Accordingly, this 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


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