October 1, 1998
VIA FIRST CLASS MAIL
David Leininger
October 1, 1998
Page 1
David Leininger
200 N. Pecos Road, Space #86
Las Vegas, NV 89101
Larry Miller
Corporate Administrator
Nevada Ready Mix
6610 E. Vegas Valley Drive
Las Vegas, NV 89122
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
David Leininger
October 1, 1998
Page 1
Re: Election Officer Case No. PR-260-LU631-EOH
Gentlemen:
David Leininger, a member of Local Union 631, 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 his employer, Nevada Ready Mix (“NRM”). The protester alleges that NRM removed a campaign sticker from the company vehicle that he is assigned while leaving different campaign stickers on other company vehicles, in violation of the Rules. NRM denies the allegation and responds that the company removed all stickers from all company vehicles except for those stickers from Local Union 631.
This protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
David Leininger
October 1, 1998
Page 1
Mr. Leininger is a driver working out of an NRM facility located in Las Vegas, Nevada. On August 17, 1998, the protester posted a sticker in support of Tom Leedham, a candidate for general president, on the window of the cement mixer assigned to him. There is no dispute that NRM had allowed the posting of both campaign and non-campaign related stickers in the past. The employee handbook, most recently revised in February 1998, includes the following provision:
18. Before applying decorative items, (i.e. stickers), to your assigned truck, request permission from a supervisor or Lindy Dees. If you do not cooperate with this policy, the items will be removed and disciplinary action may follow.
The employee handbook applies to all employees at all plants owned and operated by NRM.
Larry Miller, the Corporate Administrator for NRM, stated that the provision relating to stickers had not been enforced in the past and that consequently drivers placed any stickers they wanted to on their company vehicles. However, on August 18 he saw a company truck (not Mr. Leininger’s) with numerous stickers all over the back window and decided to begin enforcing the handbook provision by both refusing to allow any more stickers on company vehicles (except those from Local Union 631) and by removing existing stickers from all company vehicles.
Both parties agree that on August 18 the Leedham campaign sticker was removed from the truck assigned to Mr. Leininger. According to the protester, however, only stickers supporting the Leedham campaign or Teamsters for a Democratic Union (“TDU”) were removed from company vehicles that day while those supporting James Hoffa, a candidate for general president, were allowed to remain on vehicles. However, on or about September 2, David Deitrich, a business agent for Local Union 631, inspected 25 trucks at the NRM facility. Of a total of three stickers still remaining on the NRM trucks, one supported the Leedham campaign, one supported the Hoffa campaign, and one was a non-campaign related sticker.
Mr. Miller denies that he ordered certain stickers to be taken off while allowing others to remain and denies specifically targeting Mr. Leininger’s truck over any other vehicles in the lot that day. He asserts that he informed his employees on August 18 that all stickers, campaign and non-campaign (with the exception of stickers from Local Union 631), were to be removed from company vehicles from that day forward. While Mr. Miller admits that not all stickers were immediately removed on that very day from every vehicle, he stated that by the time he became aware of Mr. Leininger’s protest, he made sure that there were no stickers remaining on any company vehicles at his facility. Mr. Miller also stated that all NRM plants are now prohibiting the placement of stickers on company vehicles and strictly enforcing the employee handbook sticker provision in the same manner as at his facility.
David Leininger
October 1, 1998
Page 1
Article VIII, Section 11 (a) of the Rules provides that “All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” However, the Rules strictly prohibit IBT members from appropriating union or employer property in order to make personal campaign statements. Specifically, nothing in Article VIII or any other article of the Rules authorizes members to affix campaign material to employer-owned vehicles.
Furthermore, affixing campaign material to employer-owned vehicles results in improper contributions by those employers to a candidate’s campaign, as well as supplying the false impression that the employers endorse one candidate, in violation of Article XII, Section 1(b)(1) of the Rules. That Section specifically states the following:
[N]o employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel.
Employers are strictly liable for such a violation and can be directed to remove the campaign materials and post a notice.
In Meadows, PR-108-LU916-NYC (July 8, 1998), the Election Officer determined that
if an employer can show that it maintains and strictly enforces a policy prohibiting the placement of such materials on company vehicles (including the regular inspection of such vehicles for such materials and the removal of any material found) and if no employer agent was involved in the violation of the employer policy, the Election Officer will not find the employer liable for the violation.
With respect to the claim that NRM violated the Rules by allowing Hoffa campaign stickers to remain posted while removing Leedham campaign stickers, the Election Officer finds NRM not liable for the violation of the Rules due to the following factors: 1) NRM maintains a clear sticker policy which requires the permission of management prior to posting a sticker and is applicable to all employees; 2) since August 18, 1998, and continuously thereafter, NRM demands strict compliance with the sticker application policy; 3) NRM has removed all campaign stickers from company vehicles; and 4) NRM allows no new stickers to be posted on vehicles except Local Union 631 stickers which are not related to the campaign.
Accordingly, the protest is DENIED.
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:
David Leininger
October 1, 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, 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