Protest Decisions

IN RE: MICHAEL RUSCIGNO, GEORGE SAAVEDRA & JACK MANDARO
Protest Decision 2000 EAD 50
Issued: November 24, 2000
OEA Case No. PR081103AT, PR081601WE & PR082302AT

Michael Ruscigno, George Saavedra and Jack Mandaro, members of Locals 802, 490 and 95, respectively, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against Anheuser-Busch Companies, Inc. ("A-B"). The protesters allege that on August 10, 11, 15 and 18, 2000, A-B improperly prevented the protestors and other IBT members from gathering accreditation petition signatures from IBT members in the parking lots at A-B's facilities in Newark, New Jersey, Fairfield, California and Williamsburg, Virginia. The protestors allege that A-B's conduct violates Article VII, Section 11(e) of the Rules.

Election Administrator representatives William W. Thompson II, Chris Mrak and J. Griffin Morgan investigated the protests. This decision sets forth the resolution of the above-captioned protests, which were previously the subject of our decision in 2000 EAD 43 (October 30, 2000). That prior decision is hereby withdrawn.

It is undisputed that on August 10 and 11, 2000, A-B representatives denied employee parking lot access to Ruscigno and Local 463 member Mike Masterson at its Newark, New Jersey facility. Similarly, it is undisputed that on August 15, 2000, A-B representatives denied employee parking lot access to Saavedra at its Fairfield, California facility. Finally, it is undisputed that on August 18, 2000, A-B representatives denied employee parking lot access to Mandaro at its Williamsburg, Virginia facility. A-B maintains twelve brewery facilities throughout the United States at which it employs IBT members.

On October 6, 1998, in Eckstein, P208, the Election Officer issued a protest decision in which he approved an agreement he had reached with A-B that provided as follows:

· The Election Officer would provide A-B with a list of all IBT candidates in the Rerun Election;

· Access to A-B's employee parking lots at its 12 breweries would be granted only to IBT candidates in the Rerun Election, any Credentialed Representative, and any IBT member campaigning for a candidate in the Rerun Election if the member was from the IBT region for which the candidate was seeking office (for all offices except Regional Vice-Presidents, the IBT region was agreed to be the United States and Canada), with no right of any campaigner to use video cameras or other recording equipment on A-B property;

· The access granted was for the sole purpose of distributing campaign literature and/or soliciting support in connection with the Rerun Election, with A-B reserving its right to exclude any person engaging in any other activities not covered by the Election Rules, including but not limited to directly addressing A-B's current labor dispute with the IBT in a manner intended to implicate that dispute;

· Campaigners provided access were required to provide as much advance notice as possible before their campaign activity, with notice to be provided to the targeted brewery's Human Resources office during regular business hours on the day prior to the intended visit, and with such notice to state the approximate number of persons for whom such access is sought;

· Campaigners were required to present reasonable identification to A-B's security personnel to assure that access is appropriate;

· Access granted was to be for a reasonable period of time during and around employee shift changes and other non-work times during which A-B employees were permitted to be in the parking lot;

· The agreed grant of access was without waiver of A-B's rights under the Election Rules, its right to appeal a related decision of the Election Appeals Master and its right to implement another policy as a result of final adjudication of that appeal.

The Election Administrator has now reached a similar resolution with A-B with respect to access issues during this election cycle. This resolution followed the issuance of an order of the United States District Court for the Southern District of New York, Preska, J., based upon the provisions of the Consent Order [1] and the All Writs Act, 28 U.S.C. § 1651, in which the Court granted a joint application of the United States of America and the International Brotherhood of Teamsters seeking approval of the access provisions of the current Rules. United States of America v. IBT, No. 88 Civ. 4486 (LAP) (November 8, 2000).

A-B has sought this resolution due to its concern that its labor relations with the IBT are currently unsettled, since A-B and IBT have not finalized collective bargaining agreements covering all of A-B's twelve IBT-organized facilities, subjecting A-B to the possibility of labor strife until finalized agreements are reached.

The terms of the resolution which we hereby approve are as follows:

· A-B will permit access to its employee parking lots at its 12 breweries for members of the IBT in accordance with the Rules, subject to the limitations expressed below.

· Access to A-B's employee parking lots at its 12 breweries will be granted in accordance with Article VII, Section 11(e) of the Rules, specifically as follows: (i) a candidate for delegate or alternate delegate and any member of the candidate's Local Union may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by that Local Union's members to park their vehicles in connection with their employment; (ii) 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); or (iii) a Credentialed Representative (as defined in the Rules) shall be provided parking lot access in the manner provided for in the Rules. The foregoing persons may not utilize video cameras or other recording equipment while on A-B property.

· The Election Administrator will provide A-B a list of all currently accredited IBT International Candidates in the 2000-2001 International election, and will update that list as necessary after the IBT's International Convention.

· The access provided herein shall be for the sole purpose of distributing campaign literature and/or otherwise soliciting support in connection with the 2000-2001 IBT International elections. A-B reserves the right to remove from its premises any person who engages in any other activities not covered by the Rules including, but not limited to, directly addressing A-B's current labor dispute with the IBT in a manner intended to implicate that dispute.

· Any IBT candidate, IBT member, or Credentialed Representative is required to provide as much advance notice as possible before having access to any employee parking lot at any brewery. In any event, notice must be provided to the Human Resources Department at the brewery during normal business hours no later than the day prior to the intended visit. The notice must also include the approximate number of persons for whom access is sought. Attached hereto as Attachment A is a list of names and telephone contact numbers for the Human Resources Department at each brewery.

· Before entering any employee parking lot at A-B's breweries, the IBT candidate and/or members seeking access must present reasonable identification to A-B's security personnel to assure that the person seeking access is entitled to such access.

· All access to A-B's employee parking lots will be for a reasonable time during and around employee shift changes at the brewery or at other non-work times when employees are permitted to be in the parking lot.

· The resolution set forth herein is without waiver of A-B's rights under the Rules and its right to maintain its position in any appeal or any decision of the Election Administrator or Election Appeals Master that Article VII, Section 11(e) of the Rules is inapplicable to third party employers. Similarly, the resolution set forth herein is without of any right A-B may have to implement any other access policy as a result of final adjudication of any such appeal.

The Election Administrator is satisfied that this resolution meets the requirements of Article VII, Section 11(e) of the Rules, given the current unsettled state of A-B's labor relations with the IBT. Accordingly, the Election Administrator finds that these protests have now been RESOLVED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Administrator. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 727 15^th Street, NW, 10^th Floor, Washington, DC 20001, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

William W. Thompson II

Chris Mrak

J. Griffin Morgan

2000 EAD 50

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

Barbara Harvey

645 Griswold

Penobscot Building

Suite 1800

Detroit, MI 48226

Tom Leedham

18763 South Highway 211

Molalla, OR 97038

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

Calvin Siemer

Skadden, Arps, Slate, Meagher

& Flom

Suite 220

525 University Ave.

Palo Alto, CA 94301

Michael Ruscigno

42 B2 W. 23d St.

Bayonne, NJ 07002

Jack Mandaro

7294 Merrimac Trail

Williamsburg, VA 23185

George Saavedra

845 Thetford Place

Fairfield, CA 94533