October 2, 1998
VIA FIRST CLASS MAIL
Raul Rodriguez
October 2, 1998
Page 1
Raul Rodgriquez
13882 Stagecoach Circle
Victorville, CA 92392
Doug Ammer, Supervisor
Certified Grocers
5200 Sheila Street
Commerce, CA 90040
Paul Alan Levy, Esq.
Public Citizen Litigation
Group
1600 20th Street, N.W.
Washington, D.C. 20009
Tom Leedham Campaign Office
P.O. Box 15877
Washington, D.C. 20003
Margaret Huebner, Vice-Pres.
Human Resources Department
Certified Grocers
5200 Sheila Street
Commerce, CA 90040
Raul Rodriguez
October 2, 1998
Page 1
Re: Election Office Case No. PR-248-LU630-EOH
Gentlepersons:
Raul Rodriguez, a member of Local Union 630, 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 Certified Grocers, Inc. (“Certified Grocers”) and Douglas Ammer, a supervisor at the Certified Grocers warehouse facility located in Commerce, California. The protester alleges that Mr. Ammer failed to allow him access to campaign inside the employer’s facility as he has in the past, in violation of the Rules.
This protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
On August 20, 1998, Mr. Rodriguez attempted to distribute campaign literature at the time clock of the Certified Grocers facility in Commerce, California known as Commerce District Center. According to the protester, after distributing literature for approximately half an hour, he was approached by Mr. Ammer who told him that he had received a directive from labor relations which restricted Mr. Rodriguez from campaigning at any location other than the parking lot. Mr. Rodriguez then left the building.
Raul Rodriguez
October 2, 1998
Page 1
Don Gilpin, Director of Labor Relations at Certified Grocers, provided the Election Office with a copy of a memorandum dated July 21, 1998 and entitled “Campaign Activity - Advisory on Limited Right of Access to Employer Premises.” It read in pertinent part as follows:
Attached for your information and guidance is information recently received from the Office of the Election Officer for the IBT regarding the subject issue.
It has come to my attention that there has been some recent campaign activity at our facilities related to the current IBT election process.
The attached notice governs the “limited right of access to employer premises.” As such, the regulation limits candidates and any member of the candidate’s Local Union to distributing literature or otherwise soliciting for candidacy to parking lots used by the local union’s members to park their vehicles in connection with their employment.
Also, per Certified’s policy, union employee candidate supporters can post campaign material on the union bulletin boards.
* * *
Nothing in the provisions entitle any candidate or other union member to access any part of the Company premises owned, leased, operated or used by the Company or to access a parking lot for purposes or under circumstances other than set forth in the regulation and as outlined herein.
Attached to the memorandum was a copy of an Election Officer’s Advisory entitled “Limited Right of Access to Employer Premises,” which governs the rights of members and candidates to campaign in employee parking lots. Mr. Gilpin stated that he gave this memorandum to
Mr. Ammer.
With respect to the right of members to campaign inside employer facilities, Article VIII, Section 11(d) of the Rules provides:
Raul Rodriguez
October 2, 1998
Page 1
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Mr. Gilpin stated that Certified Grocers was unaware of the preexisting rights provisions of the Rules. Certified Grocers has informed the Election Officer that it will continue to permit Mr. Rodriguez and other employee members to have access for campaigning purposes to the primary bulletin board at each employer facility, the main time clock, and the main cafeterias, so long as the campaigners do not interfere with work activities or other employees who are on work time. Non-employee members will continue to have access to the parking lots to campaign. Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.
Accordingly, this protest is RESOLVED.
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