September 18, 1998
VIA FIRST-CLASS MAIL
Dennis M. Baca
September 18, 1998
Page 1
Dennis M. Baca, Sec.-Treas.
Teamsters Local Union 267
426 S. Link Lane
Fort Collins, CO 80524
Ken Hardebeck, Employee
Relations Manager
Anheuser-Busch, Inc.
2351 Busch Drive
Fort Collins, CO 80524
Jim Walsh, Employee Relations
Assistant Manager
Anheuser-Busch, Inc.
2351 Busch Drive
Fort Collins, CO 80524
Bill Rogers, President
Teamsters Local Union 267
426 S. Link Lane
Fort Collins, CO 80524
Dennis M. Baca
September 18, 1998
Page 1
Re: Election Office Case No PR-157-LU267-RMT
Gentlemen:
Dennis Baca, secretary-treasurer of Local Union 267, 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”) against the employer, the Anheuser-Busch, Inc. plant in Ft. Collins, Colorado. The protester alleged that the employer violated the Rules by removing an Election Officer posting from the union bulletin board prior to the stipulated date for its removal. Anheuser-Busch denied the allegation.
This protest was investigated by Regional Coordinator Jonathan Wilderman.
On June 8, 1998, Mr. Baca posted a copy of the “Notice of Nominations and Procedures for Supplemental Nominations” (“Notice”) on the union bulletin board in the Anheuser-Busch plant in question. The union bulletin board is enclosed and normally kept locked. Mr. Baca said he saw the Notice posted on June 24, 1998, however, on June 26, Mr. Baca said that the Notice was missing from the board. He replaced the Notice the same day.
Mr. Baca stated he questioned the union officials who had access to the Anheuser-Busch bulletin board, but all of the union officials deny removing the Notice from the board. Mr. Baca then concluded that the employer must have removed the Notice. Mr. Baca stated that an unnamed Anheuser-Busch security guard told him the guard had provided keys to the bulletin board to James Walsh, assistant manager of human resources, on June 26, 1998. According to the guard, Mr. Walsh stated that he wanted to take documents from the bulletin board to photocopy and return to the board.
Dennis M. Baca
September 18, 1998
Page 1
Anheuser-Busch stated that it has no knowledge of the removal of any election notice and denied that it participated in any removal. It confirmed that Mr. Walsh removed two postings from the bulletin board to copy and replace on June 26, but not the Election Officer’s Notice. The Company contends Mr. Walsh removed a sample ballot with language encouraging the members to vote “NO” on the company’s contract proposal and a letter from Mr. Baca encouraging the members to not vote on the contract proposed by Anheuser-Busch. Mr. Walsh did not remember seeing the Notice when he copied the other documents.
Under the Final 1996 IBT International Officer Rerun Election Plan (“Final Rerun Plan”), all local unions were to post the “Notice of Nomination and Procedure for Supplemental Nominations” on all Union bulletin boards on or before June 8, 1998. Rerun Plan, I.B.2. The Notice was to remain posted until June 29, 1998, when the ballots for supplemental nominations were collected and counted.
Based on the above, the evidence fails to establish a violation of the Rules by Anheuser-Busch. Anheuser-Busch confirmed that Mr. Walsh had entered the union’s bulletin board, but denied removing the Notice.
Accordingly, this protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001,
Dennis M. Baca
September 18, 1998
Page 1
Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:mk
cc: Kenneth Conboy, Election Appeals Master
Jonathan Wilderman, Regional Coordinator