September 24, 1998
VIA FIRST-CLASS MAIL
September 24, 1998
Page 1
Thomas J. Livaudais
10814 Harkwood Boulevard
Orlando, FL 32817
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
and Lewis
1600 Market Street
Philadelphia, PA 19103
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
September 24, 1998
Page 1
Re: Election Office Case No. PR-255-LU385-EOH
Gentlemen:
Thomas J. Livaudais, a member of Local Union 385, 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 Raul Gallegos and Andy Sokolowski, supervisors at Trailer Conditions Inc. (“TCI”), a wholly-owned subsidiary of United Parcel Services (“UPS”). The protester alleges that Messrs. Gallegos and Sokolowski prohibited him from displaying a campaign sticker on his personal tool box, in violation of the Rules.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
On August 26, 1998 the protester, a repairman at the TCI facility located in Orlando, Florida, was approached by Supervisors Gallegos and Sokolowski who informed him that he would have to remove his campaign sticker in support of Tom Leedham from his personal tool box. According to Mr. Livaudais, they told him that UPS policy prohibited “the distribution of campaign literature and materials” at the facility. Although the protester attempted to convince them that a campaign sticker was not the same as campaign literature, the supervisors remained unconvinced. Mr. Livaudais subsequently removed the sticker and filed this protest.
September 24, 1998
Page 1
During the investigation of the protest, Mr. Livaudais informed the Election Officer that he was approached the next day by Messrs. Gallegos and Sokolowski who told him that they had talked to “management” and that Mr. Livaudais would now be allowed to display campaign stickers on his personal property. Despite the resolution of the matter, Mr. Livaudais declined the invitation to withdraw his protest. In light of the fact that the protested activity has ceased, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint, as contained in this protest, has been addressed.
Accordingly, the 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:
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
cc: Kenneth Conboy, Election Appeals Master