December 5, 1996
VIA UPS OVERNIGHT
Ed Chalfant
December 5, 1996
Page 1
Ed Chalfant
4210 Jewell Road
Bothell, WA 98012
Allyn Furiak, Secretary-Treasurer
Teamsters Local Union 38
2601 Everett Avenue
Everett, WA 98201
Derry Blankers, Store Director
Safeway
621 SR 9, N.E., Suite 64
Lake Stephens, WA 98258
Kathlynn Bowley, Store Director
Safeway
1119 13th Street
Snohomish, WA 98290
Ed Chalfant
December 5, 1996
Page 1
Re: Election Office Case No. P-1246-LU38-PNW
Gentlepersons:
Ed Chalfant, a member of Local Union 227, 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 Safeway stores located in Snohomish and Frontier Village, Washington violated the Rules on November 13, 1996 when they denied him equal access to campaign for Ron Carey. Mr. Chalfant further alleges that officers of Local
Union 38 have conspired with local union stewards and employers to deny Carey supporters equal campaign access and that Local Union 38 violated the Rules when it produced and distributed a campaign flyer that endorsed the candidacy of James P. Hoffa.
Frank Jorgenson, human resources director for Safeway, denies that Safeway has given Hoffa supporters discriminatory campaign access. He contends that Hoffa supporters have similarly complained that they have been discriminated against and that store managers have complained that Carey campaigners have engaged in aggressive and antagonistic behavior.
Ed Chalfant
December 5, 1996
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Rod Mendenhall, administrative assistant for Local Union 38, admits that he designed and produced a Hoffa flyer that expressed the support of the “Officers and Staff of Local Union 38,” and admits that he posted copies of the flyer on bulletin boards at the Snohomish and Frontier Village Safeway stores. Mr. Mendenhall also admits that he and others distributed the flyers to local union members who were working on the premises of those
and other stores. Mr. Mendenhall denies that local union funds were used to produce the flyers or that local union letterhead was used.
This protest was investigated by Regional Coordinator Christine M. Mrak.
Mr. Chalfant states that on November 13, he and a friend attempted to campaign inside the Snohomish Safeway and were told by Store Director Kathlynn Bowley that campaigning was not allowed on the premises. Mr. Chalfant requested and received permission to leave campaign literature in the break room and to inspect the bulletin board. Ms. Bowley accompanied him. Mr. Chalfant found a Hoffa campaign flyer posted on the bulletin board and pointed it out to Ms. Bowley, who removed it and threw it away.
A man who identified himself as a local union steward informed Mr. Chalfant that
only the local union business agent had the right to leave anything in the store and advised
Mr. Chalfant to contact Local Union 38. Upon leaving the store, Mr. Chalfant was told by an employee that “someone from the union came by and left us a whole stack of Hoffa literature and posted some in the back room of the deli.”
Mr. Chalfant also alleges that when he attempted to campaign at the Frontier Village store on November 13, he was told by the acting store manager that he could leave campaign material in the break room, but that nothing could be posted and campaigning was not allowed on the floor.
Mr. Chalfant also alleges that when he visited the Albertsons store in Everett, Washington, he was given a Hoffa campaign flyer, which he was told had been distributed by “someone from Local Union 38.” Mr. Chalfant has provided a copy of the flyer to the Election Officer. The flyer, which Mr. Chalfant states was identical to the flyer that had been posted on the bulletin board in the Snohomish Safeway, was captioned, “Teamsters Local #38” and bore the address of Local Union 38 headquarters at the top. It was addressed to the members of Teamsters Local Union 38 and stated the following: “[T]he Officers and Staff of Local #38 have received inquires [sic] regarding who we endorse for International Officers in the coming election. Let there be no doubt about this. We endorse the Jim Hoffa No Dues Increase Slate!”
Mr. Chalfant contends that officers from Local Union 38 are campaigning in stores and posting endorsements on bulletin boards, while telling their stewards and store managers to prevent Carey supporters from engaging in such campaigning.
Mr. Mendenhall admits that he designed and produced the Hoffa flyer, that he posted the flyer on the Snohomish Safeway bulletin board and that he left a pile of them in the break room. Mr. Mendenhall states that while he was posting the flyer, several other Local
Union 38 members distributed the flyer to employees who were working in the store.
Mr. Mendenhall further admits that he and his companions also campaigned at other stores
Ed Chalfant
December 5, 1996
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that day, including the Frontier Village Safeway, where he also posted a copy of the Hoffa flyer on the bulletin board. Mr. Mendenhall states that before beginning to campaign at each store, he asked the manager for permission to post the flyer and leave copies in the break
rooms and that generally, permission was granted, including at the Snohomish Safeway.
Mr. Mendenhall admits that his companions campaigned on the floors and in the departments of the various stores they visited, but he states that he is not certain if store managers
were aware of those campaign activities. Mr. Mendenhall states that as his companions distributed the Hoffa flyer they stated, “[T]his is from the union,” or words to that effect. Mr. Mendenhall is not an employee of any of these employers.
On behalf of Safeway, Mr. Jorgenson responds that the Safeway stores in question do not have general purpose bulletin boards and do not permit campaign postings on their employer bulletin boards. To the extent Safeway employer bulletin boards may have been used for the posting of campaign materials, it was without Safeway’s knowledge or consent. Mr. Jorgenson cites Ms. Bowley’s prompt removal of the Hoffa flyer from the Snohomish bulletin board as evidence of Safeway’s no-campaign-posting policy. Regarding the alleged posting in the Frontier Village Safeway, Mr. Jorgenson states that the assistant manager of that store recalls someone coming in and asking to post “some union information.” Mr. Jorgenson speculates that because the store does allow the bulletin board to be used for official union business, the assistant manager assumed the posting was official union business and directed that person to the break room.
The Election Officer finds there is sufficient credible evidence to establish that Hoffa campaign material was posted by non-employees on the Snohomish and Frontier Village bulletin boards. While the Election Officer notes that in the case of the Frontier Village Safeway, although the manager may initially have been confused about the nature of the posting, Safeway nevertheless permitted campaign material to be posted on its employer bulletin board. Therefore, the Election Officer finds that Safeway should have permitted
Mr. Chalfant to post campaign material on its Snohomish and Frontier Village bulletin boards.
In the present protest, Mr. Mendenhall admits that he and other non-employee Hoffa supporters campaigned on the premises of the Snohomish and Frontier Village Safeways. Whether or not Safeway was aware of Mr. Mendenhall’s campaign activity, it did not enforce its stated no-campaign-access policy with respect to Mr. Mendenhall, even though the stores were aware that he and his companions were in the facilities on November 16.
Regarding the Hoffa endorsement flyer, Article VIII, Section 11(b) of the Rules allows that “[a]n endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity.” The provision also states, however, that “[t]he Union or a Local Union as such . . . may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” Thus, the Election Officer has consistently prohibited a local union, or the executive board of a local union, as entities, from endorsing a candidate or slate of candidates. See Gebow, P-963-LU677-ENG (October 14, 1991), aff’d
Ed Chalfant
December 5, 1996
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as modified, 91 - Elec. App. - 212 (SA) (October 28, 1991); Custer, P-1098-LU673-CHI (November 18, 1991). The Election Officer notes that the flyer was not printed on local union letterhead and there is no evidence that local union funds were used in its production. These local union officers and employees are permitted to endorse candidates in their individual capacity. However, the distribution of the flyer, with the campaigners stating, “[t]his is from Local Union 38,” or words to that effect, combined with the officers’ names and the address of the local union at the top of the flyer, conveyed to those receiving the flyer a prohibited endorsement of Mr. Hoffa by the local union, under the Rules.
For the foregoing reasons, the protest is GRANTED as to Mr. Chalfant’s right to post campaign material on the employer bulletin boards of the Snohomish and Frontier Village Safeway stores, Mr. Chalfant’s right to campaign on the premises of the Snohomish and Frontier Village Safeway stores on the occasions he was there, and as to the improper endorsement of Mr. Hoffa. The protest is DENIED in all other respects.
When the Election Officer determines that the Rules have been violated, she “may
take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
The Election Officer directs as follows:
1. The Snohomish and Frontier Village Safeway stores shall permit Mr. Chalfant an opportunity to post campaign material on their union bulletin boards and to distribute campaign literature on its premises by December 10, 1996.
2. Local Union 38 shall cease and desist from endorsing the candidacy of any individual in the International officer election. On the date of receipt of this decision, Local Union 38 shall post the attached “Notice to Local Union 38 Members” on union bulletin boards at the Snohomish Safeway, the Frontier Village Safeway and all bulletin boards at the local union. Within one (1) day of completing the posting, Local Union 38 shall provide an affidavit to the Office of the Election Officer detailing its compliance with this order.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1966).
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:
Ed Chalfant
December 5, 1996
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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
NOTICE TO LOCAL UNION 38 MEMBERS
The IBT Election Officer has determined that a campaign leaflet distributed to members employed at the Snohomish and Frontier Village Safeway stores improperly suggested that an International officer candidate had the endorsement of Local Union 38.
Local Union 38 does not endorse any candidate in the International officer election. Under the Election Rules, no local union may endorse or support any candidate.
_________________________ ______________________________
Date Allyn Furiak, Secretary-Treasurer
Teamsters Local Union 38
This is an official notice which must remain posted through December 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.