October 26, 1995
VIA UPS OVERNIGHT
Bernerd Marosites
3330 Miller Road
Kalamazoo, MI 49003
The Rank & File Slate
c/o William Lloyd
10179 N. 32nd Street
Richland, MI 49083
Re: Election Office Case No. P-193-LU7-MGN
Gentlemen:
A pre-election protest was filed pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Bernerd Marosites, a member of Local Union 7, who alleges that the local union’s “Rank and File” slate campaigned on work time and from transportation furnished by their employer. The protest is filed against the members of the Rank and File slate: William “Bill” Lloyd (referred to by the protester as “Willis Lloyd”), John Anglin, Anthony Roscheck, Andy Meulman, and Don McCartney.
The charged members of the Rank and File slate assert that any campaigning was done on a break from work.
Regional Coordinator William A. Wertheimer, Jr. investigated the protest.
Keith Polaskey, a United Parcel Service (“UPS”) driver and member of Local Union 7, distributed campaign literature on behalf of the Rank and File slate while delivering to Comstock Michigan Fruit Canners in Riverside, Michigan on October 6, 1995. On that day, Mr. Polaskey laid Rank and File campaign material on the tables outside the break room approximately 30 feet from the receiving dock where the delivery had been made, and also talked to a couple of people in the area.
Bernerd Marosites
October 26, 1995
Page 1
On October 10, 1995, Mr. Polaskey campaigned again while delivering at Comstock. He gave Rank and File literature to a woman on a lift truck on the receiving dock and walked over to the tables and placed literature there again. Mr. Polaskey then walked over to the receiving dock crew leader and talked to him about James P. Hoffa’s campaign for general president for about 10 to 15 minutes.
Mr. Polaskey states that on each occasion after making the delivery to Comstock, he went on break to deliver the campaign materials. He was on break when he had the conversation with the crew leader on October 10. UPS records confirm that during the times Mr. Polaskey was campaigning, had punched out on break on the portable computer he carries as a UPS driver.
While Article VIII, Section 11 of the Rules prohibits a member from campaigning during his/her work hours, the rule permits campaigning during breaks. Mr. Polaskey has not violated the Rules by undertaking the protested campaign activity while on break.
For the foregoing reasons, the protest is DENIED.
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
William A. Wertheimer, Jr., Regional Coordinator