IN RE: DONALD RAY HARDISON, Protestor.
Protest Decision 2006 ESD 168
Issued: April 3, 2006
OES Case No. P-06-182-022706-AT
Donald Ray Hardison, member and delegate candidate from Local Union 822, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Pepsi Bottling Group, an employer of Local Union 822 members, interfered with the protestor's right to campaign at employee parking lots at the employer's Newport News, Virginia facility. The protest also alleged that the employer permitted Vanessa West, a delegate candidate on the opposing slate and business agent for the local union, to campaign at the employer's facility and that she did so on union-paid time.
Election Supervisor representative Maureen Geraghty investigated this protest.
Findings of Fact
The protest alleged that, on February 24, protestor Hardison and members of his slate entered the employee parking lots of the employer's facility to campaign. After a few minutes, the employer's HR manager met them there and directed them to stop campaigning and leave. Hardison explained to the HR manager the limited right of access to employee parking lots that IBT members have under the Rules and gave her a copy of the court order enforcing that right. Campaigning continued while the HR manager returned to her office to evaluate what Hardison gave her and to consult with the employer's counsel. The HR manager returned to the parking lot 30 minutes later, told the campaigners that they were trespassing and directed them to leave. This protest followed.
Our representative contacted the employer's national counsel, who agreed that the Pepsi Bottling Group will permit campaigners access to parking lots where employees park their vehicles at the Newport News facility and at all Pepsi Bottling Group employee parking lots nationwide where Teamsters members park their vehicle in connection with work. This understanding covers campaign activity in the IBT international officer election through the conclusion of the mail-ballot election for International officers presently scheduled to occur in the fall of 2006.
The protestor and his supporters apparently did not seek to campaign in the Newport News parking lot again, although they received assurances that the employer would not again interfere with their access rights under Article VII, Section 12(e) of the Rules. The protestor stated that he and members of his slate had nearly finished campaigning on February 24 and were preparing to depart the premises when the HR manager instructed them to leave.
Accordingly, the portion of the protest regarding access to Pepsi Bottling Group's Newport News employee parking lots for the purpose of campaigning is RESOLVED.
On April 3, 2006, the protester submitted a written request to withdraw the allegations that Vanessa West improperly campaigned on union-paid time and that the employer improperly granted West access to the facility for the purpose of campaigning. Accordingly, this portion of the protest is WITHDRAWN.
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 Supervisor 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
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 168
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Donald Ray Hardison
2158 Kingsley Lane
Chesapeake, VA 23323
lndmrkldr@cox.net
Carla Whitten, Manager
Human Resources
The Pepsi Bottling Group
17200 Warwick Blvd.
Newport News, VA 23603
Diana Ortiz, Labor Counsel
Pepsi Bottling Group
Somers, NY 10589
Vanessa West, Business Agent
Local Union 822
P.O. Box 12673
Norfolk, VA 23502
James Wright, President
Local Union 822
P.O. Box 12673
Norfolk, VA 23502
Maureen Geraghty
The Geraghty Law Firm
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com