December 5, 1996
VIA UPS OVERNIGHT
Andre Lawrence & Robert Lutzka
December 5, 1996
Page 1
Andre Lawrence
325 Hyde Park
Bellwood, IL 60104
Robert Lutzka
c/o Andre Lawrence
325 Hyde Park
Bellwood, IL 60104
Mike Dean
2160 Hassell Road #108
Hoffman Estates, IL 60195
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Andre Lawrence & Robert Lutzka
December 5, 1996
Page 1
Re: Election Office Case No. P-1322-LU705-NYC
Gentlemen:
Robert Lutzka and Andre Lawrence, both members of Local Union 705, 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 Local Union 705 member Mike Dean wore a red Hoffa vest over his UPS brown uniform while at the Jefferson Street UPS facility, in violation of the Rules.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Article VIII, Section 11(d) of the Rules states that “no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fundraising events or engage in similar activities on employer or Union premises.” The Advisory on Wearing of Campaign Buttons and Other Emblems (“Advisory”) issued by the Election Officer on September 20, 1995 states that “among the rights so protected by the Rules is the right of IBT members to wear campaign emblems on buttons, t-shirts or hats while working (citations omitted).
Andre Lawrence & Robert Lutzka
December 5, 1996
Page 1
The Election Officer reviewed UPS’s dress code on numerous occasions during the last International officer election, see, e.g., Epperson, P-779-LU41-MOI (July 18, 1991), and the current one. See, e.g., Stewart, P-1285-UPS-CLA (December 3, 1996); Standard, P-1228-LU767-SOU (November 25, 1996); Bryant, P-1094-LU391-SEC (November 4, 1996); Salazar, P-881-LU435-RMT (October 1, 1996). In view of UPS’s strict enforcement of the dress code and the substantial contact that UPS drivers have with members of the public, the Election Officer has consistently found that UPS may prohibit its drivers from wearing campaign paraphernalia on or over their brown uniforms.
There is no evidence that UPS was aware of the conduct. In the absence of any evidence that UPS has acted discriminatorily, the Election Officer will not find a single incident such as this to violate the Rules.
For the foregoing reason, 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
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
Barbara C. Deinhardt, New York City Protest Coordinator