October 1, 1998
VIA FIRST CLASS MAIL
Richard deVries
October 1, 1998
Page 1
Richard de Vries
1852 S. Allport Street
Chicago, IL 60608
Marcello Chiodi
Human Resources Manager
Claussen Pickle Company
1300 Claussen Drive
Woodstock, IL 60098
Tom Leedham Campaign Office
P.O. Box 15877
Washington, D.C. 20003
John McCormick
6574 O’Hare Street
Portage, IN 46368
Richard deVries
October 1, 1998
Page 1
Re: Election Office Case No. PR-296-LU705-EOH
Gentlemen:
Richard deVries, 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 Claussen Pickles Company and its Human Resources Manager Marcello Chiodi. Protestor deVries alleged that on September 14, 1998, he and other Leedham supporters attempted to campaign and to distribute leaflets in the employee parking lot at Claussen Pickle Company, 1300 Claussen Drive, Woodstock, Illinois, and they were denied access by security personnel. The protestor also alleges that on September 15, 1998, Mr. Chiodi, in a telephone conversation denied the members access to the employee parking lot for purposes of campaigning, in violation of the Rules.
Claussen Pickles does not dispute the allegations. They state that on the date of the incident, Mr. Chiodi was not aware of the Rules.
The protest was investigated by Protest Chief Mary E. Leary.
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 union members 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.
Richard deVries
October 1, 1998
Page 1
The Protest Chief discussed the denial of access with the Labor Relations Manager, of Kraft Foods, Inc., of which Claussen Pickle Company is a subsidiary. Claussen Pickle Company has now agreed that union members can campaign in the employee parking lot at the Claussen Pickle Company Woodstock, Illinois facility. Claussen Pickle Company prefers, but does not require, that campaigners call Marcelo Chiodi in advance at (815) 338-7000, Extension 125 so that security can be notified.
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.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master