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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 2, 1998

 

VIA FIRST CLASS MAIL

 


Eric Jorgensen

November 2, 1998

Page 1

 

Eric Jorgensen

2717 N. River Road

Waterford, WI 53185

 

Jay Saksinski, Office Manager

Consolidated Freightways

401 W. Layton Avenue

Milwaukee, WI 53207

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Acenue, NW

Suite 500

Washington, DC 20036

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

   Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Arthur Hackworth, Esq.

Consolidated Freightways

175 Linfield Drive

Menlo Park, CA 94025

 

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003

 

Arthur Z. Schwartz

Kennedy, Schwartz & Cure, P.C.

113 University Place

New York, NY 10003


Eric Jorgensen

November 2, 1998

Page 1

 

 

Re:               Election Office Case No. PR-325-LU200-NCE

 

Gentlemen:

 


Eric Jorgensen

November 2, 1998

Page 1

 

  Eric Jorgensen, a member of Local Union 200, 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 Bruce Demitros.  Mr. Demitros is the terminal manager for a Consolidated Freightways facility located in Milwaukee, Wisconsin.  Mr. Jorgensen  alleged that Mr. Demitros infringed on the pre-existing rights of workers to campaign in the facility by prohibiting the posting of campaign materials inside the terminal.  Additionally, the protester alleged that Mr. Demitros made election-related remarks which inhibited his right to engage in campaign activities.   Mr. Demitros admits that he posted a notice prohibiting the display of campaign material on terminal property but denies that he made any statement designed to restrict the protester in the exercise of campaign activity.

 

The protest was investigated by Regional Coordinator Judith E. Kuhn.

 

The investigation produced insufficient evidence to support the allegation that

Mr. Demitros made any statements which restricted the ability of the protester to engage in campaign activities.  The notice which Mr. Demitros admitted posting on September 25, 1998, provided that :

 

Any employee observed posting election or political posters, publications, newspaper articles, etc. on CF property will be terminated.  There are assigned boards for union business postings; however, these are not to be used for posting election advertisements.

 

At the request of the Election Officer’s representative, Mr. Demitros withdrew the protested notice and posted the following in its place:

 

This memo will revise and supersede my September 25, 1998 memo concerning union/political postings.  Union election or political posters, publications, newspaper articles, etc. may be posted by employees in the following places:

 

1.              On the unlocked general-purpose employee bulletin boards in the line-haul break room, the shop break room, the inbound dock break room and the outbound dock break room; and

 

2.              On employee lockers.

 

Any employee observed posting union election or political materials in other locations on CF property will be appropriately disciplined.  There are assigned boards for union business postings; however, these are not to be used for posting election advertisements.

 

The protester agrees that the replacement notice accurately reflects the current past practice regarding the posting of campaign material at the terminal and, in consideration of the posting of the new notice, further agreed to withdraw his protest.  However, no withdrawal letter from the protester has been received.  


Eric Jorgensen

November 2, 1998

Page 1

 

Based on the foregoing, the protest is deemed 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, 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

MGC:chh

 

cc:              Kenneth Conboy, Election Appeals Master

Judith E. Kuhn, Regional Coordinator