November 11, 1996
VIA UPS OVERNIGHT
Ken Mee
November 11, 1996
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
San Francisco Newspaper
Printing Company
East Bay Plant
1550 Pacific
Union City, CA 94587
Ron Carey Campaign
c/o 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
Ken Mee
November 11, 1996
Page 1
Re: Election Office Case No. P-1172-LU853-CSF
Gentlemen:
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 Ken Mee, an International vice president and a candidate for reelection. Mr. Mee alleges that on November 3, 1996, agents of the San Francisco Newspaper Printing Company, which prints the San Francisco Chronicle and Examiner, prohibited him and other IBT members from campaigning in the company’s employee parking lot in Union City, California. Mr. Mee also alleges that while he was forced to campaign from a sidewalk outside the employee lot, supporters of James P. Hoffa were permitted to campaign inside the facility. Mr. Mee states that he saw supporters of
Mr. Hoffa exiting the interior of the facility and carrying a pro-Hoffa banner, which he states
had been deployed inside the facility.
This protest was investigated by Regional Coordinator Matthew D. Ross.
Ken Mee
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 employer’s normal business activities.
After discussions with the Regional Coordinator, the San Francisco Printing Company has agreed to permit Mr. Mee and other IBT members access to the Union City facility’s employee parking lot. In addition, Mr. Mee now advises the Election Officer that he wishes to withdraw the other allegation in his protest.
Finding that the withdrawal effectuates the purpose of the Rules, the Election Officer permits these allegations to be WITHDRAWN. As to the allegations concerning employee access, 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
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
Matthew D. Ross, Regional Coordinator