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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 30, 1998




Richard E. Vacha

November 30, 1998

Page 1


Richard E. Vacha

581 W. Glendale

Bedford, OH 44146

Gary M. Tocci, Esq.

Schnader, Harrison, Segal & Lewis

1600 Market Street

Philadelphia, PA 19103

Richard E. Vacha

November 30, 1998

Page 1


Re: Election Office Case No. PR-377-LU507-EOH




Rick Vacha, a member of Local Union 507, 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”).  The protester alleges that United Parcel Service (“UPS”) prohibited him from campaigning in the employee parking lot of its Middleburg Heights, Ohio facility, in violation of the Rules.


The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.


On October 27, 1998, Mr. Vacha entered the employee parking lot of the Middleburg Heights facility and began to campaign for a candidate in the IBT Officer Rerun Election.  An unidentified security guard at the facility ordered the protester off the property.  After failing to convince the guard of his right to campaign in the parking lot, Mr. Vacha left the premises and filed this protest.


Article VIII, Section 11(e) of the Rules states that:


a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment in said regional area(s).


Richard E. Vacha

November 30, 1998

Page 1


The Election Officer’s “Advisory on Limited Right of Access to Employer Premises” sets forth Article VIII, Section 11(e) and outlines its restrictions.  As noted in the advisory, the right of limited access is available “only during hours when the parking lot is normally open to employees.”  The right is “not available to an employee on working time, may not be exercised among employees who are on working time and do[es] not extend to campaigning which would materially interfere with the normal business activities of the employer.”  In United States v. IBT, No. 88 Civ. 4486 (S.D.N.Y. August 22, 1995), the court approved the limited access rule, finding it “crucial to the achievement of a free, fair,  and democratic election process.”  Id., slip op. at 42.


During the 1991 delegate elections, the Election Officer, after inspecting the same UPS parking lot, upheld the right of IBT members to campaign there.  See Carey,

P-1026-LU407-CLE (November 2, 1991),  aff’d, 91 - Elec. App. - 225 (SA) (November 14, 1991).  Again, during the 1996 International Officer Election, access to the same facility was denied and the Election Officer intervened to resolve the matter.  See Adams, P-265-LU407-CLE (January 11, 1996).


On November 23, 1998, UPS submitted a letter to the Election Office in which it noted that UPS “abides by this [access] policy to the best of its ability” and that “to the extent that there has been any deviation from the above-mentioned [access] policy/practice . . . such deviations are inadvertent, and UPS will ensure that [the access] policy will be maintained during the election period.”  Due to the established record of parking lot access issues related to the Middleburg Heights, Ohio facility, the Election Officer requested that counsel for UPS submit additional documentation showing that management at that specific facility knew that candidates and members have a right to campaign in employee parking lot(s) and would actively insure that such access would be allowed.  On November 24, David Caroll, the District Labor Relations Manager responsible for overseeing the UPS Middleburg Heights facility, submitted a letter to the Election Office which stated that UPS would “ensure that our supervisors are aware of these [access] provisions and that the guards for UPS are also aware of IBT campaigning rights in employee parking lots.”


The Election Officer finds that as UPS will insure that IBT members are granted their right of access to the employee parking lot at the Middleburg Heights, Ohio facility for campaign purposes, as provided for by the Rules, further processing of this protest is unwarranted.  The protesters’ complaints as stated in this protest have been addressed, and the relief requested has been achieved.


Accordingly, this protest is now 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:


Richard E. Vacha

November 30, 1998

Page 1


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.






Michael G. Cherkasky

Election Officer



cc:              Kenneth Conboy, Election Appeals Master