IN RE: DAVID THORNSBERRY
Protest Decision 2001 EAD 208
Issued: March 2, 2001
OEA Case No. PR020112MW
David Thornsberry, campaign manager and delegate candidate on the United Rank & File slate at Local 89, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Thornsberry alleges that American Greetings Corporation violated Article VII, Section 11(e) of the Rules by denying two members of the United Rank & File slate access to an employee parking lot in Corbin, Kentucky for the purpose of campaigning among Local 89 members.
Election Administrator representative Jason Weidenfeld investigated the protest.
Mike Seward and Dale Ferguson arrived at the American Greetings facility in Corbin, Kentucky before 6:00 a.m. on January 31, 2001. They entered the parking lot and began leafleting parked cars. After they had placed leaflets on many of the cars, the guard at the facility informed Seward and Ferguson that Denny Bowman, the human resources manager at the facility, asked that they leave the property. Seward and Ferguson complied with the request and leafleted employees across the road from the entrance to the facility.
Later that day, Seward and Ferguson talked with Bowman. Bowman expressed concern that the leafleting of cars would present a litter problem and also requested advance notice so the guards would know when a non-employee would be on the premises. On February 2, 2001, American Greetings' corporate director of industrial relations, Brian Kelly, wrote a letter stating that no campaigning would be permitted on American Greetings property.
In a February 28, 2001 letter amending his February 2, 2001 correspondence, Kelly informed the United Rank & File slate that parking lot campaigning would be allowed, subject to certain provisions. We are satisfied that these provisions meet the requirements of Article VII, Section 11(e) of the Rules. In addition, the request not to leaflet cars is consistent with prior decisions that limit the placement of literature on employee cars parked in employer parking lots. DeVasier, 2001 EAD 194 (February 27, 2001); Maxwell, P731 (April 25, 1996); Howe, P1083 (November 14, 1991).
Based on the foregoing, this protest is deemed 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 upon evidence that was not presented to the Office of the Election Administrator in any such appeal. 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, 727 15th Street NW, Tenth Floor, Washington, DC 20005, 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
2001 EAD 208
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
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
Brian H. Kelly
Corporate Director,
Industrial Relations
American Greetings Corporation
One American Rd.
Cleveland, OH 44144-2398
Denny Bowman
Human Resources Manager
American Greetings Corporation
American Greetings Road
Corbin, KY 40702-3570
David Thornsberry
10403 Truman Way
Louisville, KY 40299
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657