October 19, 1998
VIA FIRST CLASS MAIL
Ken Mee
October 19, 1998
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Guy Langlais
Summit Logistics
16900 West Schulte Road
Tracy, CA 95376
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure, P.C.
113 University Place
New York, NY 10003
Ken Mee
October 19, 1998
Page 1
Re: Election Office Case No. PR-335-LU287-EOH
Gentlemen:
Ken Mee, a candidate for Western Region Vice-President, 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 Summit Logistics, Inc. alleging that on October 13, 1998, he attempted to enter the employee parking lot at Summit Logistics, 16900 Schulte Road, Tracy, California to campaign for the International Officer Rerun Election and was denied access by security personnel, in violation of the Rules.
Summit Logistics does not dispute the allegations.
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.
Ken Mee
October 19, 1998
Page 1
The Protest Chief discussed the denial of access with Guy Langlais, Director of Human Resources for Summit Logistics, Inc.. Summit Logistics, Inc. has now agreed that union members can campaign in the employee parking lot at its Tracy, California facility. Additionally, the Director of Human Resources has delivered a letter to the security personnel instructing them to allow candidates and members access to the employee parking lot for the duration of the election. Summit Logistics, Inc. prefers, but does not require, that campaigners call the Human Resources Department in advance at (209) 833-4915 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