October 6, 1998
VIA FACSIMILE & FIRST-CLASS MAIL
David A. Eckstein
October 6, 1998
Page 1
David A. Eckstein
35 E Street, NW, #110
Washington, D.C. 20001
Rick Dade
9307 Fresham Court
Laurel, MD 20708
Donald Fahey
13 Devore Street
Flemington, NJ 08822
John McCormick
6574 O’Hare Street
Portage, IN XXX-XX-XXXX
Chris Schweitzer
10843 Lurline Avenue
Chatsworth, CA 91311
Michael M. Connery, Esq.
Calvin Siemer, Esq.
Skadden, Arps, Slate, Meagher
& Flom, L.L.P.
919 Third Ave.
New York, New York XXX-XX-XXXX
John Litinsky, Human Resources
Director
Budweiser Brewery
200 Highway 1
Newark, NJ 07101
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Tom Leedham Campaign Office
P.O. Box 15877
Washington, D.C. 20003
Steve Puls
Human Resources Manager
Anheuser-Busch, Inc.
15800 Roscoe Blvd.
Van Nuys, CA XXX-XX-XXXX
Arthur Z Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Larry Harmon
Human Resources Manager
Anheuser-Busch, Inc.
2885 Belgium Road
Baldwinsville, NY 13027
Paul Alan Levy, Esq.
Public Citizen Litigation
Group
1600 20th Street, NW
Washington, D.C. 20009
David A. Eckstein
October 6, 1998
Page 1
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, D.C. 20036
David A. Eckstein
October 6, 1998
Page 1
Re: Election Office Case Nos. PR-208-AB-EOH
PR-217-AB-EOH
Determination on Compliance
PR-247-AB-EOH
PR-315-AB-EOH
Gentlepersons:
Dave Eckstein (PR-208) and Rick Dade (PR-217), candidates for International office, filed protests pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that Anheuser-Busch, Inc. (“Anheuser-Busch” or the “Company”) had prohibited them from campaigning in company employee parking lots at the Newark, New Jersey Budweiser brewery and at a Company facility in Baldwinsville, New York. On September 15, 1998, the Election Officer issued a decision in PR-208 and PR-217 finding Anheuser-Busch in violation of Article VIII, Section 11(e) of the Rules. The Election Officer ordered Anheuser-Busch to permit campaigning in the employee parking lots at its 12 brewery facilities where it employs IBT members, limited by the conditions set forth in Article VIII, Section 11(e) of the Rules. On September 25, 1998, this decision was affirmed in all respects by the Election Appeals Master. In re Eckstein, 98 - Elec. App. - 380 (KC).
On August 21, 1998, Donald Fahey, a member of Local Union 863 filed PR-247 alleging that Anheuser-Busch barred the protester and John McCormick, a candidate for general secretary-treasurer, from campaigning in its employee parking lot at the Newark, New Jersey facility. On September 30, Chris Schweitzer, a member of Local Union 896 filed PR-315 alleging that Anheuser-Busch barred the protester and Tom Leedham, a candidate for general president from campaigning at its Los Angeles, California facility.
Article VIII, Section 11(e) of the Rules creates a limited right-of-access to IBT members and candidates to distribute literature and to seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment. While “presumptively available,” this right is not without limitations. It is not available to any employee on working time and candidates and their supporters cannot solicit or campaign to employees who are on working time. It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities. An employer may require reasonable identification.
David A. Eckstein
October 6, 1998
Page 1
After discussions with Counsel to the Election Officer Richard W. Mark, Anheuser-Busch has now agreed to admit IBT members to campaign in its employee parking lots at its 12 brewery facilities. By letter dated October 6, 1998, to the Election Officer, Anheuser-Busch has agreed to the following:
1. The Election Officer will provide Anheuser-Busch a list of all authorized IBT candidates in the Rerun Election.[1]
2. Access to the Company’s employee parking lots at its 12 breweries will be granted only to (i)IBT candidates in the Rerun Election; (ii) any IBT member campaigning for a candidate in the Rerun Election if the member is from the IBT region for which said candidate is seeking office;[2] or (iii) a Credentialed Representative (as defined under the Rules). The foregoing persons may not utilize video cameras or other recording equipment while on Anheuser-Busch premises.
3. The access provided herein shall be for the sole purpose of distributing campaign literature and/or otherwise soliciting support in connection with the Rerun Election. The Company reserves the right to remove from its premises any person who engages in any other activities not covered by the Rules including, but not limited to, directly addressing Anheuser-Busch’s current labor dispute with the IBT in a manner intended to implicate that dispute.
4. Any IBT candidate, IBT member, or Credentialed Representative is required to provide as much advance notice as possible before having access to any employee parking lot at any brewery. In any event, notice must be provided to the Human Resources Department at the brewery during normal business hours on the day prior to the intended visit. The notice must also include the approximate number of persons for whom access is sought.
David A. Eckstein
October 6, 1998
Page 1
4. Before entering any employee parking lot at Anheuser-Busch’s breweries, the IBT candidate and/or member(s) seeking access must present reasonable identification to the Company’s security personnel to assure that the person seeking access is entitled to such access.
5. All access to the Company’s employee parking lots will be for a reasonable time during and around employee shift changes at the brewery or at other non-work times when employees are permitted to be in the parking lot.
This grant of access is without waiver of Anheuser-Busch’s rights under the Rules and its right to appeal 98 - Elec. App. - 380 (KC), and to implement any other policy as a result of the final adjudication of that appeal.
The Election Officer is satisfied that this agreement meets the requirements of Article VII, Section 11(e) of the Rules.
Accordingly, the Election Officer finds that these protests have now been 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:
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,
Michael G. Cherkasky
Election Officer
David A. Eckstein
October 6, 1998
Page 1
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, NYC Protest Coordinator
Beth Goldman, Assistant United States Attorney
All Candidates and Slates (via First Class Mail)
[1]That list is attached to this decision as Appendix A.
[2]For all offices except Regional Vice-President, the IBT region is the United States and Canada.