IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 266
Issued: March 26, 2001
OEA Case No. PR012611MW
Katherine Kleckner, 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. We have deferred decision on this matter pursuant to Article XIII, Section 2(f)(2) of the Rules, and decide this matter under the standard enunciated in Article XIII, Section 3(b).
Findings of Fact and Analysis
On January 24, 2001, Kleckner distributed campaign literature on UCH property. When directed to halt her activity, she produced a copy of the Rules. An employer's representative cited the employer's property rights but said he would check with labor relations. The representative returned after consultation and directed the protestor to leave or be arrested. She left, but not until shortly before the start of the shift of the employees that were the audience for her campaigning. Subsequently, UCH relaxed their position on such campaigning.
Our investigator reviewed surveillance tapes of Kleckner's activity on January 24. They show Kleckner distributing leaflets to local union members as they entered a parking structure on the south side of West 57th Street, contrary to the employer's contention that she was campaigning in another area away from the parking lot.
The access provision of Article VII, Section 11(e) permitted Kleckner to campaign at the January 24 location. UCH's conduct on the day in question was accordingly in violation of this provision of the Rules.
However, we DENY the protest because we cannot conclude that it may have affected the results of even this close election. Thus, the incident, which took place several weeks before ballots were mailed, was isolated in nature and occurred during an election campaign during which substantial amounts of campaign material were distributed by or on behalf of the candidates supported by Kleckner. Moreover, even on the day in question, UCH's conduct did not prevent Kleckner from distributing leaflets for an extended time. Finally, there is no evidence of recurrence of UCH's conduct.
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 266
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
Katherine Kleckner
5013 South Ridgeway
Chicago, IL 60632
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