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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 26, 1996






John Parks

625 Gormley Street, N.E.

West Wenatchee, WA  98802


Larry Shaw, Plant Manager

J.R. Simplot Company

222 Columbia Way

Quincy, WA  98848


Re:  Election Office Case No. P-1230-LU760-PNW




John Parks, a member of Local Union 760, 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 November 11, 1996, two members of Local Union 760 were improperly denied access to the employee parking lot at J.R. Simplot Company (“Simplot”) in Quincy, Washington for campaign activity.


This protest was investigated by Regional Coordinator Christine M. Mrak.


Mr. Parks states that on November 11, four members of Local Union 760 campaigned at Simplot.  He further states that two of the members were in the employee parking lot when they were asked to leave the premises by management.  The members complied.  Mr. Parks filed this protest with respect to parking lot campaign activity.


John Parks

November 26, 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 employers normal business activities.  


During the investigation of this protest, the Regional Coordinator discussed this aspect of the Rules with Simplot, which has agreed to permit access to its parking lot, in conformity with Article VIII, Section 11(e).  The Election Officer has been informed that Local

Union 760 members have returned to Simplot and have successfully exercised their right-of-access to the parking lot.


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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Christine M. Mrak, Regional Coordinator