October 2, 1998
VIA FACSIMILE AND FIRST CLASS MAIL
Mauricio Terrazas
October 2, 1998
Page 1
Mauricio Terrazas
3800 Bradford Street, #233
La Verne, CA 91750
Via UPS Overnight
Raul Rodriguez, Jr.
13882 Stagecoach Circle
Victorville, CA 92392
Via UPS Overnight
Amos Cretean, Operations
USA Waste Services, Inc.
407 E. El Segundo Blvd.
Compton, CA 90224
Fax: (310) 763-6780
Raul Lopez
Secretary-Treasurer
Teamsters Local Union 396
880 Oak Park Road, Suite 200
Covina, CA 91724
Fax: (626) 915-3635
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Fax: (202) 544-3388
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Fax: (212) 258-0207
Robert Kikuchi, President
Teamsters Local Union 396
880 Oak Park Road, Suite 200
Covina, CA 91724
Fax: (626) 915-3635
Bill Arlington
USA Waste Services, Inc.
800 S. Temescal Street
Corona, CA 91711
Fax: (909) 272-0438
Susan Piller, Esq.
Senior Vice President, Employee Relations
USA Waste Services, Inc.
1001 Fannin, Suite 4000
Houston, TX 77002
Fax: (713) 209-9716
Mauricio Terrazas
October 2, 1998
Page 1
Re: Election Officer Case Nos. PR-226-LU396-EOH
PR-232-LU396-EOH
Withdrawal and Resolution of Decision Against USA Waste
Mauricio Terrazas
October 2, 1998
Page 1
Gentlepersons:
Two related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Mauricio Terrazas, a member of Local Union 63, filed a protest (PR-226) against Raul Lopez, the secretary-treasurer of Local Union 396, Amos Cretean, Operations Manager at USA Waste Services, Inc. (“USA Waste”), and USA Waste. Raul Rodriguez, a member of Local Union 630, filed a protest (PR-232) against Local Union 396, Bob Kikuchi, president of Local Union 396, and Bill Arlington, a representative of USA Waste.
On September 23, 1998, the Election Officer issued a decision in the above-captioned case finding that USA Waste violated Article VIII, Section 11(e) of the Rules by prohibiting access to its employee parking lots for the purpose of campaigning. USA Waste appealed the Election Officer’s decision to the Election Appeals Master and a hearing in the matter was scheduled for October 2, 1998.
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 any 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.
USA Waste Counsel Susan Piller and Deputy Election Officer Benetta M. Mansfield reached an agreement whereby USA Waste will provide access to the employee parking lots at its facilities in accordance with Article VIII, Section 11(e) of the Rules. USA Waste will permit access to IBT members and candidates entitled to such access under the rule between 8:00 a.m. and 5:00 p.m., Monday through Friday. Members entering USA Waste property desiring to campaign in the employee parking lot should check in at the office of the facility and present identification (a photo i.d. and evidence of IBT membership). USA Waste understands that members may be on the employee parking lot to campaign for and distribute literature on behalf of candidates in the International officer rerun election to its employees on non-working time. USA Waste reserves the right to ask individuals to leave who are not engaged in conduct which fits within Article VIII, Section 11(e) of the Rules.
Mauricio Terrazas
October 2, 1998
Page 1
The Election Officer finds that this agreement satisfies Article VIII, Section 11(e) of the Rules, and accordingly WITHDRAWS that portion of the decision which pertains to USA Waste and finds that the protests as they pertain to USA Waste are RESOLVED. In so doing, the Election Officer leaves standing his findings of violations and the remedies ordered against Local Union 396, Robert Kikuchi, President of Local Union 396, and Raul Lopez, Secretary-Treasurer of Local Union 396.
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, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master