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Office of the Election Supervisor for the International Brotherhood of Teamsters

January 26, 1999




Kenneth E. Hilbish

January 26, 1999

Page 1


Kenneth E. Hilbish, President

Teamsters Local Union 528

2540 Lakewood Avenue, S.W.

Atlanta, GA 30315


Ray Stallings

4002 Anvil Block Road

Ellenwood, GA 30049


Ken Paff

Teamsters for a Democratic Union

7435 Michigan Avenue

Detroit, MI 48210


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street, NW

Washington, DC 20009

Tom Leedham Slate

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003

Kenneth E. Hilbish

January 26, 1999

Page 1


Re:              Election Office Case No. PR-274-LU528-EOH




Kenneth E. Hilbish, the president of Local Union 528, 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 Ray Stallings, a member of Local Union 528, the Tom Leedham “Rank and File Power” Slate, and Teamsters for a Democratic Union (“TDU”), an independent committee under the Rules.  The protester alleged that Mr. Stallings posted a solicitation for a fundraising raffles for the Leedham Slate and TDU at his work site, in violation of the Rules.  Mr. Stallings denied the allegations.  The Election Officer deferred this protest for post-election review pursuant to his authority under Article XIV, Section 2(f)(2) of the Rules.


This protest was investigated by Director of Campaign Finance Leslie Deak.


Kenneth E. Hilbish

January 26, 1999

Page 1


Mr. Stallings wrote the following solicitation for the sale of raffle tickets on a letter-sized sheet of paper:


              Raffle Tickets to Support Convoy Dispatch Newspaper

              $1.00 Each

              Can Win $1,000 – 2,000 100.00 50.00 25.00

              See Ray Stallings

              Also Leedham Raffle Tickets

              5.00 each or 6 for 25.00

              Prize   1,000, 500.00, 250.00


Mr. Stallings posted the solicitation on the time clock near the dispatch window at the Krogers warehouse in Atlanta, Georgia.


Mr. Hilbish stated that solicitations, election-related or otherwise, were never posted around the time clock.  He stated that not even Kroger posted flyers where Mr. Stallings posted his solicitation.  Mr. Hilbish further stated that a general purpose bulletin board was hung in the break room and Mr. Stallings could have posted his solicitation on that board.


Mr. Stallings disagreed with Mr. Hilbish’s statements.  He stated that numerous other flyers were posted on the time clock, for example, a notice selling tickets for a charity golf tournament and a notice requesting contributions for IBT members who were injured and out of work.  He stated that it has been Kroger’s practice to allow the posting of notices and solicitations all around the time clock.  Mr. Stallings added that management as well as workers posted solicitations, such as notices for the sale of tickets to a charity bowling tournament. 

Mr. Stallings explained that Kroger employees post flyers not only around the time clock, but around the dispatch window next to the time clock and on the wall between the clock and the window. 


Mr. Stallings submitted two photographs of the area in question to the Election Officer.  The photographs show papers taped to the time clock, envelopes collecting money for injured IBT members taped to the dispatch window, and other papers taped to the wall around the time clock and dispatch window.


Under Article VIII, Section 11(d) of the Rules:


[N]o 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 . . . premises.


Kenneth E. Hilbish

January 26, 1999

Page 1


One source of “preexisting rights” for purposes of this section is past practice.  Pace, P-459-LU272-NYC (March 25, 1996); In Re: Hall, 90 - Elec. App. - 1 (October 4, 1990); Brinkman, P-151-LU305-PNW (September 18, 1995), aff’d, 95 - Elec. App. - 21 (KC) (October 10, 1995).  Mr. Stallings’ photographs demonstrate that Kroger employees commonly posted all manner of solicitations on and around the time clock.  Such practice establishes a preexisting right to post solicitations on the time clock.  Accordingly, the Election Officer finds that Mr. Stallings’ posting of the campaign solicitations for the International Officers Rerun Election is protected by the Rules.


Accordingly, this protest is hereby 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:


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.







Michael G. Cherkasky

Election Officer


cc:              Kenneth Conboy, Election Appeals Master