IN RE: CASSANDRA DAVIS,
Protest Decision 2001 EAD 265
Issued: March 26, 2001
OEA Case No. PR012511MW
Cassandra Davis, a member of Local Union 743, 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"). She alleges University of Chicago Hospitals ("UCH") impermissibly interfered with her right to campaign on employer property.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
On January 25, 2001, the protestor and four other members of the local distributed campaign literature at a building entrance on UCH property used by its employees, patients and visitors. The employer directed the five to leave the entrance area. They moved across the street to a parking structure used by UCH employees, where they leafleted without interference.
The access provision of Article VII, Section 11(e) permits members and candidates in local union delegate elections a right to campaign on employer property by permitting campaign activity in "parking lot[s] used by that Local Union's members to park their vehicles in connection with their employment." The Rules did not authorize the protestor and her fellows to leaflet elsewhere on UCH property, particularly where campaigning occurred among both UCH employees and business invitees. Accordingly, this protest is DENIED.
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 (fax: 202-454-1501), all within the time 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 265
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
Cassandra Davis
711 McKinley
Gary, IN 46404
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Julie Hamos
203 North Wabash
Suite 1800
Chicago, IL 60601
University of Chicago Hospitals
Attn: Andrew Wissel
5841 S. Maryland Avenue
Chicago, IL 60637
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657