November 21, 1995
VIA UPS OVERNIGHT
Gary L. Aldridge
November 21, 1995
Page 1
Gary L. Aldridge
3406 Evergreen Drive
Olive Branch, MS 38654
Roadway Express, Inc.
3310 Gill Road
Memphis, TN 38109
Barbara J. Leukart
Jones, Day, Reavis and Pogue
North Point
901 Lakeside Avenue
Cleveland, OH 44114
Gary L. Aldridge
November 21, 1995
Page 1
Re: Election Office Case No. P-171-LU667-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Gary L. Aldridge, a member of Local Union 667.
Mr. Aldridge is a candidate for delegate. On September 20, 1995, he approached the employee parking lot contiguous to the terminal facility of Roadway Express, Inc., located at 3310 Gill Road in Memphis, Tennessee. His purpose was to campaign. The presence of
Mr. Aldridge was observed by a Roadway supervisor. Mr. Aldridge identified himself as a candidate for delegate and appeared at the parking lot at a time when it was normally open to employees. As he recalls, the protester was told by the supervisor to “leave or be arrested.”
His protest was investigated by Regional Coordinator Bruce Boyens.
On October 1, 1995, the protester returned to the same parking lot to which he had previously been denied access. He was given reasonable access to the location and allowed to pursue his campaign activities. The Election Officer has not been apprised of any further violations of the Rules with respect to this employer and the protester.
Gary L. Aldridge
November 21, 1995
Page 1
The Rules, at Article VIII, Section 11(e), guarantee the right of a candidate for delegate, alternate or any member of the candidate’s local union to distribute literature and solicit support at locations maintained for the purpose of parking employee vehicles. The only limitations on the right are that such campaigning must occur during times when the area is “normally open to employees” and cannot “materially interfere with the course of the employer’s normal business.” Employees may not engage in such campaigning during work time.
Under the circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint, as contained in this protest, has been adequately remedied by his subsequent access.
Accordingly, the protest is RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator