November 16, 1998
VIA FIRST CLASS MAIL
Raul E. Coronado
November 16, 1998
Page 1
Raul E. Coronado
152 Parker Avenue
Maplewood, NJ 07040
Gene Francini, Vice President
Fujicolor Photo Service Inc.
514 S. River Street
Hackensack, NJ 07601
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
David J. Weisenfeld
c/o Thelen, Reid & Priest, LLP
40 West 57th Street
New York, NY 10019
Raul E. Coronado
November 16, 1998
Page 1
Re: Election Office Case No. PR-356-LU966-EOH
Gentlemen:
Raul E. Coronado, a member of IBT Local Union 966 and a business agent for IBT Local Union 819, 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 the Fujicolor Photo Services, Inc. located at 514 South River St., Hackensack, New York. Mr. Coronado alleged that on October 26, 1998, he attempted to campaign for the Tom Leedham “Rank and File Power” Slate and he was denied access to the employee parking lot, in violation of the Rules.
During the investigation, Protest Chief Mary E. Leary discussed the matter with counsel for Fujicolor Photo Services, Inc. (“Fujicolor”). Fujicolor agrees to grant access to members and candidates campaigning for the International Officer Rerun Election, however, insists that any such activity “not disrupt or interfere with on-duty Fujicolor employees or with Fujicolor operations by delaying delivery drivers’ or customers’ entry to or exit from the Fujicolor facility.”
Raul E. Coronado
November 16, 1998
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.
Based upon Fujicolor’s agreement to grant access, Mr. Coronado advises the Election Office that he wishes to withdraw his protest. Since Fujicolor’s agreement to grant access to its employee parking lot is consistent with the Rules, the Election Officer finds that the withdrawal effectuates the purpose of the Rules and permits the protest to be WITHDRAWN.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
cc: Kenneth Conboy, Election Appeals Master