Protest Decisions

              January 8, 1999

VIA FIRST-CLASS MAIL

Mauricio Terrazas

January 8, 1999

Page 1

Mauricio Terrazas

3800 Bradford Street, #233

La Verne, CA 91750

Mr. Miller, Branch Manager

Terminal Operations

Yellow Freight System Inc.

11300 Peoria Street

Sun Valley, CA 91352

Daniel L. Hornbeck, Esq.

Yellow Freight

P.O. Box 7563

10990 Roe Avenue

Overland Pk, KS 66207

Mauricio Terrazas

January 8, 1999

Page 1

Re: Election Office Case No. PR-324-LU63-EOH

Gentlemen:

Mauricio Terrazas, a member of Local Union 63 at all materials times herein,[1] 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 Yellow Freight.  The protestor alleged that on October 5, 1998, Yellow Freight confiscated campaign materials which he had placed on the windshields of cars in the parking lot where IBT members park their cars at the Yellow Freight facility in Sun Valley, CA, in violation of the Rules.

The employer contends that while it does not have a problem with IBT members campaigning in the parking lot, it prohibits the placement of campaign materials on the automobiles in the parking lot due to the litter problem which results and because persons who are not members and who are not represented by the Teamsters also park their automobiles in the parking lot. 

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

Mauricio Terrazas

January 8, 1999

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 to 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. 

Mauricio Terrazas

January 8, 1999

Page 1

The right to leaflet and campaign is a personal right to meet and to speak with members and to personally pass out leaflets; however, the right-of- access does not extend to “papering cars,” and Mr. Terrazas has been specifically advised of this.  See Terrazas, P-914-LU63-CLA (September 11, 1996).  

Yellow Freight did state its willingness to allow access to its Sun Valley, CA employee parking lot for purposes of distributing literature and/or otherwise soliciting support in connection with the International Officer Rerun Election, as long as did not include placing campaign literature on the automobiles.

Accordingly, the protest is DENIED.

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, 444 N. Capitol St. N.W., Suite 445, Washington, D.C. 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