November 23, 1996
VIA FACSIMILE & UPS OVERNIGHT
Miguel Gomez
November 23, 1996
Page 1
Miguel Gomez
19115 94th Place, N.E.
Bothell, WA 98011
Jim Schafer, VP Industrial Relations
Seattle Times
P.O. Box 70
Seattle, WA 98111
Fax (206) 464-2009
Diana Kilmury, Vice President
International Brotherhood of Teamsters
2612 E. 47th Avenue
Vancouver, BC V5S 1C1
Fax (604) 433-3266
Tom Leedham, Secretary-Treasurer
Teamsters Local Union 206
1860 N.E. 162nd Avenue
Portland, OR 97230
Fax (503) 251-2354
Jon L. Rabine, Secretary-Treasurer
Teamsters Local Union 763
553 John Street
Seattle, WA 98109
Fax (206) 441-6376
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Fax (313) 568-4921
Richard Brook
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Fax (212) 695-5436
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Fax (810) 855-6501
Miguel Gomez
November 23, 1996
Page 1
Re: Election Office Case No. P-1254-LU763-PNW
Gentlepersons:
Miguel Gomez
November 23, 1996
Page 1
Miguel Gomez, a member of Local Union 763, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). He alleges that on November 13, 1996, James P. Hoffa, a candidate for general president, and Jon L. Rabine, secretary-treasurer of Local Union 763 and a candidate for vice president in the Western Region, were allowed to campaign in work areas of the Seattle Times North Creek facility while employees were on work time. The protester alleges that the Seattle Times has not allowed the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”) equal access to campaign in work areas during work hours.
The Seattle Times denies providing disparate and discriminatory access to the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”) to campaign inside its North Creek facility. Jim Schafer, the representative for the Seattle Times, in an interoffice memo to employees at
the North Creek facility, explained that the Seattle Times granted access to the Hoffa slate in response to a request by the candidates, in advance, to tour the facility and Teamster work areas. However, Mr. Schafer stated that the Seattle Times denied access to supporters of the Carey slate the week before the visit by the Hoffa slate because, in contrast, they arrived unannounced at the security area seeking immediate access to the facility.
The protest was investigated by Regional Coordinator Christine M. Mrak.
The investigation revealed that on November 13, 1996, the Seattle Times allowed
Messrs. Hoffa and Rabine to campaign for half-an-hour in work areas of the North Creek facility while members were on work time. Specifically, Messrs. Hoffa and Rabine were allowed to walk through the facility, with the exception of the loading dock area, and to engage in brief conversations with employees on an individual basis. A Seattle Times manager escorted the candidates, remaining at a distance of approximately 15 feet from the candidates while they spoke with employees. Prior to this, the Seattle Times had not granted candidates of the Carey slate access to campaign inside the facility while employees were on work time.
Article VIII, Section 11(d) of the Rules provides:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
The Election Officer has previously stated that “[i]f an employer chooses to allow campaigning on their premises, it may do so as long as equal access is provided to all candidates pursuant to Article VIII, Section 11(d).” Burrows, P-118-LU70-CLA (September 13, 1995), aff’d, 95 - Elec. App. - 16 (KC) (September 30, 1995); Lopez, P-667-LU743-CHI (April 8, 1996).
Miguel Gomez
November 23, 1996
Page 1
The Seattle Times has agreed to provide access to two candidates of the Carey slate, or their designated representatives, to campaign inside its North Creek facility on Monday, November 25, 1996, under the same conditions as Messrs. Hoffa and Rabine were provided on November 13, 1996. That is, the two candidates or their designees shall be allowed to tour the work site during work hours for 30 minutes and to shake hands and converse with employees briefly during the tour. The candidates or their designees shall not otherwise disrupt the operations of the facility. The candidates or their designees will be accompanied by a Seattle Times manager who will stay approximately 15 feet away from the candidates as they speak with employees.
The Election Officer understands that Tom Leedham, secretary-treasurer of Local
Union 206 and a candidate for vice president in the Western Region, and Diana Kilmury, an International vice president and a candidate for reelection, will tour the facility on November 25, 1996 at 11:30 a.m.
The Election Officer finds that this opportunity on November 25, 1996 for Mr. Leedham and Ms. Kilmury will provide equal access to the Carey slate, in accordance with Article VIII, Section 11(d) of the Rules.
Accordingly, 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
Christine M. Mrak, Regional Coordinator