IN RE: MARIA ASHLEY ALVARADO, Protestor.
Protest Decision 2010 ESD 30
Issued: September 24, 2010
OES Case No. P-029-090710-FW
In Alvarado, 2010 ESD 28 (September 21, 2010), we found that Pacific Coast Producers (PCP) violated the Rules by enforcing a work rule that prohibited employees from wearing campaign stickers on employee bump hats in the workplace. We directed PCP to refrain from enforcing the work rule with respect to campaign stickers and to post a notice on workplace bulletin boards. We denied the other allegations made in the protest.
In an appeal of our decision lodged September 23, 2010, the employer contended that compliance with the remedy we directed may place it in violation of its legal obligations under regulations enforced by the Food and Drug Administration. This argument was not presented during the investigation or addressed in our decision. Based on this new information, we exercise our discretion to STAY our decision only with respect to the finding made and remedy directed against PCP and to no other issue. Eligibility of Reynozo, 2005 ESD 16 (October 14, 2005). The stay with respect to PCP will continue pending further investigation of the merits of the employer's defense.
All interested parties have until 5 p.m. EDT, Monday, September 27, 2010, to produce evidence and argument addressing the employer's defense, including whether the employer's position has merit and, if so, whether the position may be accommodated in a manner that is consistent with the employer's obligations under labor law and the Rules to permit employees who do not interact with the public to wear partisan emblems in the workplace.
Evidence or argument not supplied by the date and time referenced will not be considered.
The appeal period with respect to the other allegations made in the protest is not affected by this stay.
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
Suite 1000
885 Third Avenue
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, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, 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
2010 ESD 30
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Lucio Reyes, Secretary-Treasurer
Teamsters Local Union 601
745 E. Miner Ave.
Stockton, CA 95202
lreyes601@sbcglobal.net
Maria Ashley Alvarado, President
Teamsters Local Union 601
745 E. Miner Ave.
Stockton, CA 95202
europeartmuseum@yahoo.com
Dick Ehrler
Vice President, Human Resources
Pacific Coast Producers
P.O. Box 1600
Lodi, CA 95241-1600
dehrler@pcoastp.com
John M. Skonberg
Littler Mendelson, P.C.
650 California Street, 20th fl.
San Francisco, CA 94108
JSkonberg@littler.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Rochelle Goffe
1234 22nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com
Michael J. Miller
1611 Granville Ave., #8
Los Angeles, CA 90025
miller.michael.j@verizon.net
Paul Hall
9840 Mixon D
Dallas, TX 75220
paul.hall9840@att.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com