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Office of the Election Supervisor for the International Brotherhood of Teamsters

September 29, 1998





Richard de Vries

September 29, 1998

Page 1


Richard de Vries

1852 S. Allport

Chicago, IL 60608


Dennis Donnellan

Director of Human Resources

Brock Confections, Inc.

401 N. Cicero Avenue

Chicago, IL 60644             

Tom Leedham Campaign Office

P.O. Box 15877

Washington, D.C.  20003

Richard de Vries

September 29, 1998

Page 1



Re: Election Office Case No. PR-291-LU705-EOH




Richard de Vries, a member of Local Union 705, 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 Brach & Brock Confections, Inc.   The protester alleged that on September 11, 1998, Brach & Brock Confections denied access to persons campaigning for Tom Leedham when ordered to leave the property by Security Guard Daryl Jones.   The protester further alleged that three security guards then conducted surveillance of himself and others as they leafleted cars entering the lot from Cicero Avenue and the security guards instructed employees to keep moving past the campaigners.


Brach & Brock Confectioners state that on the date of the incident, they were not aware of the Rules.


The protest was investigated by Protest Chief Mary E. Leary.


Richard de Vries

September 29, 1998

Page 1


Article VIII, Section 11(e) of the Rules creates a limited right-of-access to IBT members and candidates to distribute literature and seek support for their campaign in any parking lot used by employees to park their vehicles in connection with their employment.  While “presumptively available,” this right is not without limitations.  It is not available to any employee on working time and candidates and their supporters cannot solicit or campaign to employees who are on working time.  It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities. An employer may require reasonable identification of the person and their IBT membership.


The Protest Chief discussed the denial of access with Dennis Donnellan, the Director of Human Resources of Brach & Brock Confections, Inc.  Mr. Donnellan has now agreed that union members and candidates can campaign in the employee parking lot at Brach & Brock Confections, Inc.  


Brach & Brock Confections, Inc.  prefers, but does not require, that campaigners call Dennis Donnellan, Director of Human Resources in advance and properly identify themselves  so that security can be notified.  His number is at (773) 473-2365. 


Accordingly, the Election Officer is satisfied that the protest has been 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.






Michael G. Cherkasky

Election Officer




cc:               Kenneth Conboy, Election Appeals Master