Protest Decisions

December 12, 1995

VIA UPS OVERNIGHT

Timothy M. Casey

502 Bristol Drive

Carol Stream, IL 60188

Frank Gentry, District Manager

Yellow Freight

10301 S. Harlem Avenue

Chicago Ridge, IL 60415

Re:  Election Office Case No. P-244-LU710-CHI

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by

Timothy Casey, a member of Local Union 710. 

Mr. Casey alleges that a representative of Yellow Freight Systems, Inc. (“Yellow Freight”), which employs IBT members at its Chicago Ridge, Illinois facility, interfered with his right to campaign on the employer’s property, in violation of Article VIII, Sections 11(e) and 11(f) of the Rules.  On November 18, Mr. Casey contends he and fellow Member

Dan Tuffs sought to advance their candidacies for delegate by distributing campaign literature to Yellow Freight employees in the company’s employee/customer parking lot.  Before beginning their campaign activities, Messrs. Casey and Tuffs advised the gatehouse guard of their intention to distribute campaign literature.

After approximately five minutes of campaigning, a Yellow Freight security guard,

Glenn Luszoz, confronted and ordered the two men off the employer’s property.  According to Mr. Casey, both IBT members identified themselves as Local Union 710 members and asserted that they had a right under the Rules to campaign on the employer’s property.  After some heated discussion, the guard stated that Messrs. Casey and Tuffs could campaign on a public sidewalk adjoining the company’s property.

Timothy M. Casey

December 12, 1995

Page 1

This protest was investigated by Election Officer Representative Dennis M. Sarsany.

The Rules, at Article VIII, Section 11(e), guarantee the right of a candidate for delegate 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.  Article VIII, Section 11(e).

On December 4, following communications between the Election Officer and representatives of Yellow Freight, the company, through a letter to Mr. Casey, agreed to grant “a limited right of access to Teamster members to campaign on employer parking lots provided certain conditions are met . . . and that access to [Yellow Freight’s Chicago Ridge facility] will be afforded as called for by the Election Rules.”   Under the circumstances, the Election Officer concludes that further processing of this protest is unwarranted.[1]  The protester’s complaint therein was adequately remedied by Yellow Freight.

Accordingly, the protest is RESOLVED.

If any interested party is not satisfied with this determination, they 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 and Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

Timothy M. Casey

December 12, 1995

Page 1

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, DC 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

Julie Hamos, Regional Coordinator