December 3, 1996
VIA UPS OVERNIGHT
Dudley Stewart
December 3, 1996
Page 1
Dudley Stewart
7000 Pointer Court
Bakersfield, CA 93309
Dave Champion, HR Manager
United Parcel Service
3800 Select Avenue
Bakersfield, CA 93308
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Dudley Stewart
December 3, 1996
Page 1
Re: Election Office Case No. P-1285-UPS-CLA
Gentlemen:
Dudley Stewart, a member of Local Union 87, 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 UPS improperly instructed him to remove a Carey campaign sweatshirt that he was wearing over his UPS driver’s uniform while inside UPS’s facility in Bakersfield, California, where he is employed.
UPS responds that its “Uniform and Personal Appearance Guidelines” prohibit its drivers from wearing campaign paraphernalia on or over their brown uniforms.
This protest was investigated by Regional Coordinator Dolly M. Gee.
Dudley Stewart
December 3, 1996
Page 1
Mr. Stewart is a driver based at the Bakersfield facility. It is undisputed that on the morning of November 21, 1996, Mr. Stewart clocked in at 8:15 a.m. and then attended a retirement ceremony in the building for two UPS workers. He was wearing a Carey campaign sweatshirt over his brown uniform.[1] At approximately 8:20 a.m., he was instructed to remove the sweatshirt by UPS Human Resources Manager Dave Champion. Mr. Stewart replied that he was not in contact with the public and that he would remove the shirt when he left the building. Mr. Champion repeated his request and Mr. Stewart removed the shirt.
Mr. Stewart argues that members of the public are not permitted in the UPS facility until 9:30 a.m. and, therefore, his wearing the campaign sweatshirt would not give an improper impression of endorsement to a third party. He further states that non-driver UPS employees are permitted to wear campaign material in the Bakersfield facility and that he should not be treated differently when he is in the building himself.
UPS responds that certain customers had been invited to the retirement ceremony. It further responds that the dress code for its drivers applies whenever they are in uniform, and that the latitude permitted to employees not subject to the dress code is irrelevant.
The Election Officer has reviewed UPS’s dress code for drivers on numerous occasions during the last International officer election, see, e.g., Epperson, P-779-LU41-MOI (July 18, 1991), and this one. See, e.g., Standard, P-1228-LU767-SOU (November 25, 1996); Bryant, P-1094-LU391-SEC (November 4, 1996); Salazar, P-881-LU435-RMT (October 1, 1996). The Election Officer has noted UPS’s strict enforcement of its dress code for drivers, as well as the fact that the great majority of their work time is spent in potential contact with members of the public. In such circumstances, the Election Officer has consistently found that UPS may prohibit its drivers from wearing campaign paraphernalia on or over their brown uniforms, even during those times when they are within a facility.
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
Dudley Stewart
December 3, 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,
Dudley Stewart
December 3, 1996
Page 1
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Dolly M. Gee, Regional Coordinator
[1]The front of the sweatshirt was printed with red lips and the words, “KISS THE MOB GOODBYE -- VOTE FOR THE RON CAREY SLATE.” The back was printed with “VOTE FOR HOFFA JR. AND KISS YOUR [picture of a donkey] GOODBYE -- MEMBERS FIRST -- VOTE FOR RON CAREY.