January 11, 1996
VIA UPS OVERNIGHT
Alex Adams
January 11, 1996
Page 1
Alex Adams
14968 Carol Drive
Maple Heights, OH 44137
Tony Karp
United Parcel Service
17940 Englewood Drive
Middleburg Heights, OH 44130
Gary Williams
United Parcel Service
17940 Englewood Drive
Middleburg Heights, OH 44130
James R. Collum
602 Lindberg Boulevard
Berea, OH 44017
Ben Sizemore
25091 Barden Road
Oakwood, OH 44146
Alex Adams
January 11, 1996
Page 1
Re: Election Office Case No. P-265-LU407-CLE
Gentlemen:
Alex Adams, a member and candidate for delegate from Local Union 407, filed a protest pursuant to Article XIV, Section 2 of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester alleges that United Parcel Service (“UPS”) denied him and other members of Local Union 407 access to the parking lot at its Middleburg Heights, Ohio facility for purposes of campaigning. The protester asks the Election Officer to ensure the right of IBT members to access the parking lot as provided in the Rules.
This protest was investigated by Regional Coordinator Joyce Goldstein.
At approximately 8:15 a.m. on December 4, 1995, the protester, along with
Alex Adams
January 11, 1996
Page 1
Jim Collum and Ben Sizemore, who are also candidates for delegate from Local Union 407, went to the UPS parking lot at the Middleburg Heights facility to distribute campaign literature. At approximately 8:25 a.m., Lillian Morisky, another Local Union 407 member, joined the candidates in the parking lot. At all relevant times, UPS employees Mr. Collum and Ms. Morisky were off duty. The protester and Mr. Sizemore are not UPS employees.
Upon their arrival at the parking lot, the three candidates walked to the guard shack and began passing out campaign literature to employees. Approximately 10 minutes later, two UPS supervisors, Tong Karp and Gary Williams, instructed the candidates to leave the parking lot, advising them that they could pass out materials at the end of the driveway leading to the lot from Englewood Drive. The candidates informed the supervisors that they were delegate candidates distributing election materials pursuant to the Rules. The supervisors stated that they knew nothing about this and prohibited the members from distributing campaign material in the employee parking lot.
Article VIII, Section 11(e) of the Rules states that “candidates for delegate or alternate delegate and any member of the candidate’s Local Union may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment . . .”
On November 21, 1995, the Election Officer distributed a document to certain employers of IBT members, including UPS, entitled “Advisory on Limited Right of Access to Employer Premises,” which sets forth Article VIII, Section 11(e) and outlines its restrictions. As noted in the advisory, the right of limited access is available “only during hours when the parking lot is normally open to employees.” The right is “not available to an employee on working time, may not be exercised among employees who are on working time and do[es] not extend to campaigning which would materially interfere with the normal business activities of the employer.”
As the Election Officer stated, “[t]he limited access rule has been designed to infringe upon any employer’s property rights only to the extent necessary to implement the goals of the Consent Decree [providing for supervision of the delegate and International officer elections].” In United States v. IBT, No. 88 Civ. 4486 (S.D.N.Y. August 22, 1995), the court approved the limited access rule, finding it “crucial to the achievement of a free, fair, and democratic election process.” Id., slip op. at 42.
During the 1991 delegate elections, the Election Officer, after inspecting the same UPS parking lot, upheld the right of IBT members to campaign there. See Carey, Case No.
P-1026-LU407-CLE (November 2, 1991), aff’d, 91 - Elec. App. - 225 (SA) (November 14, 1991). In this case, after further discussion with the Election Officer, UPS has agreed to allow IBT members a right of access to its parking lot at its Middleburg Heights, Ohio facility for campaign purposes, as provided by the Rules.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protesters’ complaints as stated in this protest have been addressed, and the relief requested has been achieved. Accordingly, this protest is now RESOLVED.
Alex Adams
January 11, 1996
Page 1
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, 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
Joyce Goldstein, Regional Coordinator