December 20, 1995
VIA UPS OVERNIGHT
Randy Olson
December 20, 1995
Page 1
Randy Olson
1825 San Jose Street
San Leandro, CA 94577
Coca Cola Company
1551 Atlantic Avenue
Union City, CA 94587
United Parcel Service
8400 Pardee Drive
Oakland, CA 94621
United Parcel Service
Allen Shepherd Way
Building M-106
Oakland, CA 94621
Waste Management
2615 Davis Street
San Leandro, CA 94577
Waste Management
172 98th Avenue
Oakland, CA 94603
Randy Olson
December 20, 1995
Page 1
Re: Election Office Case No. P-251-LU70-CSF
Gentlemen:
A pre-election protest was filed November 27, 1995 pursuant to Article XIV,
Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) by Randy Olson, a member of Local Union 70. The protester alleges that United Parcel Service (“UPS”), the Coca-Cola Company, and Waste Management have discriminated against him and his slate of candidates for local union office by denying them access to certain work sites for the purpose of campaigning, while permitting campaigning by an opposing slate of candidates for local union officer. The protester also alleges that UPS discharged him and another member of his slate of candidates for local union officer in retaliation for their campaign activities.
The protest was investigated by Regional Coordinator Matthew D. Ross.
Randy Olson
December 20, 1995
Page 1
Mr. Olson was a member of the “Working Teamsters,” a slate of candidates for local union officer. Local Union 70 held its local union officer election on December 7, 1995. It will hold its International Union delegate election on March 12, 1996. The investigation confirmed that the allegations in this protest pertain entirely to campaign activity by the protester in support of his effort to become a local union officer. The protester claimed that he attempted to distribute campaign literature that mentioned his intent to run for delegate as well as local union officer. However, despite repeated requests, the protester failed to provide any copies of such literature to the Regional Coordinator. Pursuant to Article I of the Rules, the authority of the Election Officer is to supervise all phases of the International Union delegate and officer elections. Her authority does not extend to elections for local union officer. Zero, Case No. P-078-LU337-EOH (August 4, 1995). The protester has failed to state any claim of violation of the Rules.
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 and Watkins
885 Third Avenue
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
Matthew D. Ross, Regional Coordinator