November 25, 1996
VIA UPS OVERNIGHT
Glenn Baker & Theresa Byram
November 25, 1996
Page 1
Glenn Baker
16302 E. Benwood Street
Covina, CA 91722
Theresa Byram
1797 Ecline Street
Pomona, CA 91767
Ileidis Martinez
Director of Human Resources
Franklin Brass Manufacturing Co.
19914 Via Baron
Rancho Dominguez, CA 90220
Glenn Baker & Theresa Byram
November 25, 1996
Page 1
Re: Election Office Case No. P-1229-LU63-CLA
Gentlepersons:
Glenn Baker and Theresa Byram, members of Local Union 63, 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 Franklin Brass Manufacturing Company (“Franklin”) violated the Rules on November 11, 1996, when it refused to permit them to campaign for Ron Carey in its Rancho Domingo employee parking lot.
Franklin admits that it denied Mr. Baker and Ms. Byram access to its employee parking lot on November 11, 1996 to campaign for Mr. Carey.
This protest was investigated by Regional Coordinator Dolly M. Gee.
The protesters allege that they were denied access to campaign in Franklin’s employee parking lot on November 11, 1996. Franklin Director of Human Resources Ileidis Martinez admits that Mr. Baker and Ms. Byram were not allowed on Franklin’s property, pursuant to instructions from the president of Franklin, Howard Levy. She alleges that the protesters were informed they could campaign outside the gates of the Rancho Domingo facility after working hours.
Glenn Baker & Theresa Byram
November 25, 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 work time and candidates and their supporters cannot solicit or campaign to employees who are on work time. It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
The Regional Coordinator discussed the denial of access with Mr. Levy and
Ms. Martinez, and Franklin has now agreed to permit access to its employee parking lot during employee shift changes and during the employee lunch hour. Campaign access will be permitted at the following times: 6:30 a.m. - 7:00 a.m.; 11:30 a.m. - 12:30 p.m.;
3:30 p.m. - 4:00 p.m.; 4:30 p.m. - 5:00 p.m. Upon their arrival, protesters are advised to check in with the Franklin receptionist, after which they will be escorted onto the premises. In addition, Franklin requests that the protesters, if possible, telephone Franklin before going there to campaign. The protesters have been so advised.
Accordingly, the Election Officer is satisfied that the protest has been 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
Dolly M. Gee, Regional Coordinator