November 3, 1998
VIA FACSIMILE AND UPS OVERNIGHT
Michael McGowan
November 3, 1998
Page 1
Michael McGowan
7254 Black Oak Drive
Walls, MS 38680
Manny Rios, Shop Steward
Teamsters Local Union 390
2514 Hollywood Boulevard, Suite 502
Hollywood, FL 33020
Don Mar, Sec.-Treas.
Teamsters Local Union 390
2514 Hollywood Boulevard, Suite 502
Hollywood, FL 33020
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Robert Altman
Assistant General Counsel
120 Tokeneke Road
Dorian, CT 06820
Air Express International
6701 NW 7th Street, #100
Miami, FL 33126
Michael McGowan
November 3, 1998
Page 1
Re: Election Office Case No. PR-284-LU667-EOH
Gentlepersons:
Michael McGowan, member of Local Union 667 and a candidate for Southern Region Vice President, filed a protest alleging that the Hoffa Slate and Air Express International (“AEI”) had prohibited them from campaigning in the area between rows of warehouses during lunch hours or breaks where an established pre-existing right to campaign exists based on past practice.
This protest was investigated by Protest Chief Mary E. Leary.
Michael McGowan
November 3, 1998
Page 1
On September 4, 1998, the protester and Victor Farvet, member Local Union 390, arrived at AEI at approximately 12:25 p.m. to campaign near two rows of warehouses where employees frequently buy their lunch from a vending truck which is present during the lunch period. Accordingly to Messrs. McGowan and Farvet, Don Mar, Secretary-Treasurer of Local Union 390 arrived at the facility. Mr. McGowan stated that Mr. Mar spoke with Manny Rios, Local 390 steward, and then Mr. Rios asked Messrs. McGowan and Farvet to leave the area. Mr. Farvet then went into a drivers room where there are public pay telephones to make a call to determine the schedule of lunch and breaks. Mr. Farvet states that Mr. Rios told them they had no business being in the facility. Mr. McGowan went to the front offices which face the lake on the north side of the building to present information regarding access rights during the International Officers Rerun Election. When Mr. McGowan went back outside, the security guard came and told them to go to the corner, outside of the facility. According to Mr. McGowan, Mr. Rios appeared and said “I’m telling you two that you cannot campaign here; you have to go to the corner.” Messrs. McGowan and Farvet then went into the facility and asked the receptionist for the owner or plant manager. Mr. Rios again appeared. Mr. McGowan left the facility and went to his vehicle to see where Mr. Rios was pointing and asked the security guard where they could campaign. The security guard pointed to the stop sign at the main street. From the stop sign, one could only see the extreme end of the warehouse.
Mr. Mar stated he walked through the facility with Manny Rios and Jose Noreiga, Local Union 390 stewards, to the dispatch area where non-Union drivers drop off their paper work. Mr. Mar denies seeing Mr. Rios speaking with Messrs. Farvet and McGowan in the dispatch area.
Messrs. McGowan and Farvet state that they have previously campaigned in the area between the warehouses where the vending truck serves employees during the lunch period as members congregate around the truck.
Mr. McGowan stated that during his campaign visits that morning, he stopped at approximately 8-10 worksites, primarily cargo facilities. While he was at Challenge Air, AEI and Allied Systems, Mr. McGowan stated that Mr. Mar appeared or drove by which resulted in the members dispersing. Mr. Mar acknowledged that he was also at the Allied Systems facility for local level grievance hearings. However, Mr. McGowan stated that at one facility, Mr. Mar merely drove up and spoke with the members from his automobile. Additionally, during the investigation, the Protest Chief called the AEI facility and requested the Director of Labor Relations or the Plant Manager and the telephone calls were transferred to Mr. Rios.
The Rules at Article VIII, Section 11(d) only permit campaigning by non-employees in areas other than the employee parking lot if it is established that there is a pre-existing right to do so. Thus, that section states, in pertinent part: “[N]o restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature . . . on employer . . . premises.” If there is no pre-existing right, non-employees are only permitted a limited right-of-access to to distribute literature and seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment under Article VIII, Section 11(e). That section specifically states that “[n]othing in this Subsection shall entitle any candidate or other Union member to access to any other part of premises owned, leased or operated or used by an employer . . . .”
The evidence in this case establishes a pre-existing right to campaign in the area between rows of warehouses during lunch hours or breaks. AEI Assistant General Counsel Robert Altman claims that the company was unaware of the Rules. After discussing the Rules and the
Michael McGowan
November 3, 1998
Page 1
pre-existing right to campaign in this area with Mr. Altman, AEI agreed to permit campaigning in that area.
As to the Local Union 390, the actions taken by Messrs. Mar and Rios appear to be an attempt by the union to deprive the protester of his campaign rights under the Rules. They advised AEI to remove the protester from their property in clear disregard of the pre-existing right to campaign.
Accordingly the protest is GRANTED as to the actions of Messrs. Mar and Rios; and RESOLVED as to AEI.
When the Election Officer determines that the Rules have been violated, he “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
1. Local Union 390, Mr. Mar and Mr. Rios shall immediately cease and desist from interfering with members’ campaign rights.
2. By November 5, 1998, Mr. Mar and Mr. Rios shall sign the attached “Notice to Local Union 390 Members Employed by AEI” and post copies of the Notice on all union and general purpose bulletin boards at AEI.
3. By November 6, 1998, Mr. Mar and Mr. Rios shall filed affidavits with the Election Officer detailing their compliance with this Order and attaching a copy of the signed Notice.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In re Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Michael McGowan
November 3, 1998
Page 1
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
NOTICE TO LOCAL UNION 390 MEMBERS
EMPLOYED BY AEI
In a recent decision, the Election Officer determined that Local Union 390, through the actions of Don Mar, Secretary-Treasurer of Local Union 390 and Manny Rios, Local 390 steward, violated the Election Rules by improperly restricting the right of Teamster members to campaign at AEI for candidates in the International Officer Rerun Election. We have been ordered to immediately cease and desist from interfering with members’ campaign rights.
Dated:________ ___________________
Don Mar
Secretary-Treasurer
___________________
Manny Rios
Steward
This is an official notice that must remain posted until December 3, 1998, and must not be defaced or altered in any manner or be covered with any other material.
Approved by Michael G. Cherkasky, IBT Election Officer