IN RE: TOM LEEDHAM RANK AND POWER SLATE,
Protest Decision 2001 EAD 431
Issued: August 27, 2001
OEA Case No. PR082112WE
The Tom Leedham Rank and File Power slate (the "Leedham slate") 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"). It alleges that Consolidated Disposal Service ("Disposal Service") violated Article VII, Section 11(e) of the Rules by denying Leedham supporters, including International vice president candidate Maria Martinez, access to an employee parking lot for the purpose of campaigning among Local 396 members.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
On August 20, 2001, Leedham supporters attempted to campaign in the parking lot of Disposal Service in Long Beach, California. The facility manager, Rod Agajanian, told our investigator that the campaigners would have been allowed on the lot had they provided advance notice. Not having such notice, Agajanian contacted the local police department to ensure that the campaigners would leave the lot, which they did. Agajanian told our investigator that his involvement with union matters was not extensive and that Maria Maydeck should be contacted to discuss the matter in detail. Maydeck is Disposal Service's human resources director for the Los Angeles area.
On August 23 and 24, 2001, our investigator spoke with Maydeck. After reviewing the access provision of the Rules, she sought to confirm that Disposal Service has the right to request and receive identification from any campaigners. Upon receiving confirmation that this is an employer's right under the provision, Maydeck said that campaigners would be granted access to the parking lots at Disposal Service's facilities.
With respect to the Long Beach facility, Maydeck explained that the physical structure of the facility requires employees to traverse the parking lot while working. For this reason, she requested that upon arrival at this facility, campaigners provide the facility's general manager Russell Dix with identification. If Dix is unavailable, Maydeck asked that the campaigners provide the facility's receptionist with such identification.
Maydeck's agreement to provide parking lot access and her request for campaigners' identification upon arrival at the Long Beach facility are consistent with the access provision. We are satisfied that Disposal Service will permit members and International officer candidates to exercise their rights under the parking lot access provision of the Rules. We, therefore, deem the protest 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 (facsimile: 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 431
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
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr.
Suite 1100
2777 N. Stemmons Freeway
Dallas, Texas 75207
IBT Local 396
880 Oak Park Rd.
Suite 200
Covina, CA 91724
Ron Krall
Consolidated Disposal Service, LLC
12949 Telegraph Road
Santa Fe Springs, CA 90670
Maria Maydeck
Consolidated Disposal Service, LLC
12949 Telegraph Road
Santa Fe Springs, CA 90670