October 16, 1998
VIA FIRST CLASS MAIL
Robert F. McNattin
October 16, 1998
Page 1
Robert F. McNattin
1973 Tatum Street
Roseville, MN 55113
Tony Gamaile, Warehouse Supervisor
Super Valu Inc.
101 Jefferson Avenue S.
Hopkins, MN 55343
Bill Nelson
Director of Distribution
Super Valu Inc.
101 Jefferson Avenue S.
Hopkins, MN 55343
Denis Decker
Director of Labor Relations
Super Valu Inc.
1180 Valley View Road
Eden Prairie, MN 55344
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Steve Yochim
Warehouse Manager
Super Valu Inc.
101 Jefferson Avenue S.
Hopkins, MN 55343
Robert F. McNattin
October 16, 1998
Page 1
Re: Election Office Case No. PR-333-LU120-EOH
Gentlemen:
Robert F. McNattin, a member of Local Union 120, 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 Super Valu. Protestor McNattin alleged that on Saturday, October 10, 1998, he and other Leedham supporters attempted to campaign and to distribute leaflets in the employee parking lot at the Super Valu warehouse facility in Hopkins, Minnesota and that they were denied access to the employee parking lot for purposes of campaigning by Tony Gamaile, Warehouse Supervisor, in violation of the Rules.
Robert F. McNattin
October 16, 1998
Page 1
Super Valu does not dispute the allegations; however, it contends that it also requested the campaigners to cease placing leaflets on vehicles parked in the employee parking lot.
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 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.
The right to leaflet and campaign is a personal right to meet and speak with members and to personally pass out leaflets; however, it does not entail the right to place leaflets on the automobiles parked in the employee parking lots.
The Protest Chief discussed the denial of access with the Director of Distribution at the Hopkins, Minnesota Super Valu warehouse facility. Super Valu has now agreed that candidates and union members can campaign in the employee parking lot at Super Valu’s Hopkins, Minnesota facility. Super Valu prefers, but does not require, that campaigners call either Bill Nelson, Director of Distribution at (612) 932-4396 or Steve Yochim, Warehouse Manager
(612) 932-4399 in advance so that security can be notified. Since there have been incidents of vandalism in the past, such advance notice would be appreciated, and especially when the candidates and members plan to campaign during evening and weekend shifts due to the absence of most management officials during those periods.
Based on the above, 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
Robert F. McNattin
October 16, 1998
Page 1
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, 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