November 27, 1996
VIA UPS OVERNIGHT
George Young
November 27, 1996
Page 1
George Young
26727 W. 226th Street
Spring Hill, KS 66083
Jerry Gonzalez
United Parcel Service
Lenexa West Center
14650 Santa Fe Trail Drive
Lenexa, KS 66215
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
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
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
George Young
November 27, 1996
Page 1
Re: Election Office Case No. P-1256-LU41-MOI
Gentlemen:
George Young, a member of Local Union 41, 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 the UPS facility in Lenexa, Kansas has removed campaign stickers supporting IBT General President Ron Carey from employee locker doors in his locker room, but has not removed campaign stickers supporting James P. Hoffa, a candidate for general president, from employee locker doors in another part of the facility.
UPS responds that it has a strict no-solicitation policy in effect and that all campaign stickers are being removed from its facilities. UPS states that if some stickers were left up after others were removed, it is only because all stickers could not be removed at the same time.
Associate Regional Coordinator William O. Eisler investigated this protest.
George Young
November 27, 1996
Page 1
Mr. Young is a package car driver for UPS in Lenexa, Kansas. He states that on November 12, 1996, the date on which International officer election ballots began arriving in members’ mailboxes, he found that someone had removed a Carey campaign sticker from his locker door. Since this had happened before, Mr. Young replaced the sticker.
On November 13, UPS Supervisor Don Parson told Mr. Young that the stickers had been removed by UPS Supervisors Jerry Gonzales and Mitch Churchman, because of UPS’s no-solicitation policy, and instructed him not to put the sticker back up.
On November 14, Mr. Young states that Mr. Gonzales held a pre-work meeting in which UPS’s no-solicitation rule was discussed. The no-solicitation rule states as follows:
In order to maintain and promote efficient operations, discipline, and security, United Parcel Service has established rules applicable to all employees which govern solicitation, distribution of written material, and entry into the building and work areas. All employees are expected to comply strictly with these company rules. Failure to obey these rules may result in disciplinary action, including dismissal. Any employee who is in doubt concerning the application of these rules should consult with his or her supervisor immediately.
1. No employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom such activity is directed.
2 No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed.
3. For purposes of this rule, working time does not include meal-time or break-time.
4. No employee shall enter or remain in the building and other work areas for any purpose except to report for, be present during, or conclude his or her shift.
At the conclusion of the meeting, Mr. Young asked Mr. Gonzales if this was why the Carey campaign sticker had been removed from his locker. Mr. Gonzales stated that it was.
George Young
November 27, 1996
Page 1
Mr. Young objects to the removal of the campaign sticker from his locker, stating that the locker room for the feeder drivers still had the campaign stickers posted and that most of the stickers supported Mr. Hoffa. Mr. Young alleges that this is evidence that UPS “is not taking an impartial stance with regards to this election.”
As the Election Officer has stated in several recent matters, “While the Rules protect the ability of members to support candidates of their own choosing, that protection does not extend to affixing campaign stickers and other material to property that belongs to an employer.” Aguilar, P-1080-LU848-CLA (October 31, 1996).
Therefore, the Election Officer finds that Mr. Young had no right under the Rules to have a campaign sticker on his locker, and that UPS appropriately removed it and others.
In this matter, UPS submitted evidence of their efforts to curtail solicitation on UPS property by maintaining a no-solicitation rule and periodically instructing managers to hold pre-work communication meetings where employees are reminded of the no-solicitation rule. UPS has assured the Election Officer that its no-solicitation policy is being enforced and that it will continue to monitor its facilities for election material.
The Election Officer credits UPS’s assertion that it is making continuous efforts to enforce its no-solicitation policy. Therefore, the Election Officer does not find that its alleged failure to remove all improperly affixed campaign stickers at the same time constitutes discrimination in violation of the Rules. Accordingly, the Election Officer finds that the alleged violations by UPS that resulted when Mr. Young and others improperly affixed campaign stickers to their lockers have been resolved.
For the foregoing reasons, the protest is DENIED.
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
George Young
November 27, 1996
Page 1
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
William O. Eisler, Associate Regional Coordinator