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Office of the Election Supervisor for the International Brotherhood of Teamsters

December 1, 1998

 

VIA FIRST CLASS MAIL

 


Homer Lambert, Jr.

December 1, 1998

Page 1

 

Homer Lambert, Jr.

30 W. 168th Briar Lane

Naperville, IL 60563

 

Linda Leahy

Security Supervisor

Mercy Hospital & Medical Center

2525 S. Michigan

Chicago, IL 60616

 

Owen Arens

Director of Human Resources

Mercy Hospital & Medical Center

2525 S. Michigan

Chicago, IL 60616


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003

 

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Homer Lambert, Jr.

December 1, 1998

Page 1

 

Re: Election Office Case No. PR-376-LU743-EOH

 

Gentlepersons:

 

Homer Lambert, a member of Local Union 743, 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 Mercy Hospital and Medical Center (“MHMC”).  The protestor alleged that on October 27, 1998, he attempted to campaign and to distribute leaflets for candidates in the International Officer Rerun Election in the employee parking lot at MHMC in Chicago, Illinois, and that the security supervisor, Linda Leahy, denied him access, in violation of the Rules.

 

MHMC contends that while Mr. Lambert was campaigning at its Chicago, Illinois facility on October 27, 1998, he was not in the employee parking lot and further that Ms. Leahy did not deny him access, but rather questioned whether anyone had talked to the campaigners about being there.  Ms. Leahy then went inside to check with management to determine what, if anything, she was to do and when she returned the campaigners had departed.

 

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

 


Homer Lambert, Jr.

December 1, 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. 

 

The Protest Chief discussed the issue of access to the employee parking lots with the attorney for MHMC.   MHMC has now agreed that candidates and IBT members can campaign in the main employee parking lot immediately west of Martin Luther King Drive  and in the employee overflow parking lot immediately east of Michigan Avenue at its Chicago, Illinois facility, during the duration of the International Officer Rerun Election.  MHMC does not agree to any additional rights to campaign in other outside areas and this agreement specifically excludes campaigning on the walkways or sidewalks adjacent to the main employee parking lot or the employee overflow parking lot, the visitors parking lot and the driveways used for emergency and other vehicles located between the employee parking areas and the hospital.

 

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

 

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