This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters


September 18, 1998




Kim A. Shanahan

September 18, 1998

Page 1


Kim A. Shanahan

727 Lockhaven Drive

Pacifica, CA 94044


Cliff Webb, Sec.-Treas.

Teamsters Local Union 150

7120 E. Parkway

Sacramento, CA 95823



Kathy Haas

Human Resources Director

Price Costco

7981 Stockton Boulevard

Sacramento, CA 95823


Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003

Kim A. Shanahan

September 18, 1998

Page 1


Re: Election Office Case No. PR-187-LU856-PNW




Kim Shanahan, a member of Local Union 856 and a candidate for International office on the Tom Leedham “Rank and File Power” Slate (“Leedham Slate”), 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 Costco Wholesale.  Ms. Shanahan alleged that on July 21, 1998, she and another Leedham supporter entered the employee break room at Costco’s Stockton Boulevard Warehouse, but were asked to leave the facility in violation of the Rules.


Costco does not dispute the facts but contends that non-employees are not permitted in their break rooms and there is no pre-existing right to enter the facility.


This protest was investigated by Adjunct Regional Coordinator Paige Keys.


There is no factual dispute.  The protester argues that employees in the break room are on non-work time, and that equal access should be provided to campaign in the break room.  Moreover, she contends that at this facility, Costco does not have a separate employee parking lot or employee entrance.  Therefore, unless campaigning inside the facility is permitted, there is no place to campaign on employer property to IBT members.


Kim A. Shanahan

September 18, 1998

Page 1


The Rules at Article VIII, Section 11(d) only permit campaigning by non-employees inside an employer if it is established that there is a pre-existing right to do so.  Thus, that section states, in pertinent part: “[N]o restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature . . . on employer . . . premises.”  If there is no pre-existing right, non-employees are not permitted inside employer facilities.  While Article VIII, Section 11(e) of the Rules creates a limited right-of-access to IBT members and candidates to distribute literature and seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment; that section specifically states that “[n]othing in this Subsection shall entitle any candidate or other Union member to access to any other part of premises owned, leased or operated or used by an employer . . . .”


Therefore, the protester’s argument under the Rules is wrong.  However, Costco recognizes that at this facility, the employees and customers park in the same parking lot and therefore parking lot access is not feasible.  In order that members may gain access for campaign purposes for the duration of the International officer Rerun Election, Costco has agreed to following access at its Stockton Boulevard Warehouse:


1.  Costco has expressed a desire to comply with the Rules.


2.  In order to facilitate access to IBT members, arrangements have been made for campaigning at the receiving dock when  members arrive at work, which is at 5:00 a.m.


3.  To avoid problems with security, Costco has requested that campaigners notify one of the following people the day before they plan to campaign:  Warehouse Manager John Koehl, Assistant Manager Rob Geissler or Assistant Manager Bob Martin.  They can be reached at 916-682-3569.  Costco is requesting notice the day before campaigning because the IBT-represented employees arrive at 5:00 a.m., however the managers do not arrive until 9:00 a.m.


Despite that fact that a one-day advance notification, in other situations, may not comply with the Rules, the Election Officer finds that Costco has set forth a plan that gives reasonable access for campaigning at a time and place that will provide maximum access to IBT employees. 


Accordingly, in the circumstances presented here, the Election Officer finds that this 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:




Kim A. Shanahan

September 18, 1998

Page 1



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.






Michael G. Cherkasky

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Paige Keys, Adjunct  Regional Coordinator