IN RE: RAUL RODRIGUEZ,
Protest Decision 2001 EAD 429
Issued: August 24, 2001
OEA Case No. PR081311WE
Raul Rodriguez, a member of Local 630, 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"). The protest alleges that employer Unified Western Grocers of California ("UWG") plant manager Larry Young improperly removed campaign literature from a union bulletin board at UWG's facility where there had been a past practice of posting such materials.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
The protestor says that there are four bulletin boards at the UWG facility; two locked company boards, one locked union bulletin board and an open utility board. He says that past practice is to allow the posting of campaign material on the union bulletin board.
Rodriguez says that on August 2, 2001, Leedham literature he posted on the UWG union bulletin was removed. The shop steward told Rodriguez that he knew nothing about this. Rodriguez then contacted Young, although he was not sure it was Young who removed the literature. Rodriguez says that Young demanded that he see a copy of Rodriguez's literature before it was reposted on the board. Rodriguez did so and Young approved the reposting, which occurred on August 3.
Then, on August 6 all campaign literature was removed from the board. Hoffa slate literature posted on the utility board was also removed. When Rodriguez asked Young about the removal of the literature, Young handed Rodriguez a copy of the contract. Article XIV, section A states:
The Employer shall provide a bulletin board which shall be used exclusively for authorized union notices but same shall not be posted until they have been first called to the attention of the Employer. All such union notices shall be authorized and signed by the Secretary/Treasurer of the Local Union or by his designee who shall be a full-time representative of the Local Union involved.
Rodriguez told Young that this provision did not apply because at a joint labor/management meeting on December 21, 2000 that Young had attended the parties reached an agreement that campaign materials could be posted in the union board. Rodriguez also showed Young a copy of Halstead, 2001 EAD 79 (January 10, 2001), regarding posting of campaign materials at Local 572.
Rodriguez added that Young became the plant manager less than one year ago, and that before this, the plant manager's secretary always kept the key to the bulletin board. However, when Young became the plant manager he started keeping the key so that members had to go through Young personally to gain access to the board.
Local 630 business agent Robert Rios stated that at an arbitration meeting after this protest was filed he spoke with Young and Kim Frampton of UWG's labor relations department. Young had contacted Frampton, Frampton had given him a copy of the labor agreement, and Young removed the campaign material after examining the contract. Thereafter, Young says he learned of the December 21 agreement allowing members to post campaign materials, and agreed to allow the posting.
UWG Human Resources Director Terry Boudin corroborated Young's claim that he was unaware of the policy regarding campaign materials. Boudin says he inquired of her office about the posting policy and that Young was made aware that the posting of campaign material was allowed. Boudin recommitted that this was UWG's policy, and Young has agreed to comply. Based on this agreement by Young and UWG commitment to allow the posting, we deem this matter 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 (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 429
DISTRIBUTION LIST VIA 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
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
Raul Rodriguez
13882 Stage Coach Circle
Victorville, CA 92392
IBT Local 630
750 South Stanford Ave.
Los Angeles, CA 90021
Unified Western Grocers
Larry Young, Plant Manager
2601 S. Eastern Avenue
Los Angeles, CA 90040