February 1, 1996
VIA UPS OVERNIGHT
Raul Rodriguez, Jr.
February 1, 1996
Page 1
Raul Rodriguez, Jr.
13251 Mulberry Drive, Apt. #1
Whittier, CA 90602
John Wood, Plant Manager
Certified Grocers of CA, Ltd.
2601 Eastern Avenue
Los Angeles, CA 90040
Jerome L. Vercruse, Secretary-Treasurer
Teamsters Local Union 630
750 S. Stanford Avenue
Los Angeles, CA 90021
Debby R.Hambleton, Esq.
Rexon, Freedman, Klepetar & Hambleton
12100 Wilshire Boulevard, Suite 730
Los Angeles, California XXX-XX-XXXX
Cor Karaffa
Vice President of Distribution
Certified Grocers of CA, Ltd.
2601 Eastern Avenue
Los Angeles, CA 90040
Raul Rodriguez, Jr.
February 1, 1996
Page 1
Re: Election Office Case No. P-348-LU630-CLA
Gentleman and Madam:
Raul Rodriguez, Jr.
February 1, 1996
Page 1
Raul Rodriguez, Jr., a member of Local Union 630, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester, who is employed by Certified Grocers of California (“Certified”) alleges that his employer’s plant manager violated Article VIII, Section 8(d) of the Rules by removing campaign literature from a union bulletin board at the plant.
This protest was investigated by Regional Coordinator Dolly Gee.
The Rules, at Article VIII, Section 11(d), state, “No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.” In Rodriguez, Case No. P-241-LU630-CLA, the Election Officer granted a protest alleging, inter alia, that Plant Manager Wood had removed campaign literature from the plant’s union bulletin board. The Election Officer found that union bulletin boards at Certified had been used in the past for posting campaign material. Accordingly, she ordered Certified to cease and desist from removing campaign literature relating to the 1995-1996 International delegate and officer election and to post a notice assuring employees of their right to post campaign material on union bulletin boards.
After discussion with the Election Officer, Certified has agreed to permit the posting of campaign material on union bulletin boards and to post the notice attached to this decision on all union bulletin boards for thirty consecutive days.[1] As a result, the Election Officer determines that further processing of this protest is unnecessary as the claim of the protester has been remedied. Accordingly, this 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 and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Raul Rodriguez, Jr.
February 1, 1996
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, 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
Dolly Gee, Regional Coordinator
NOTICE TO TEAMSTER MEMBERS
EMPLOYED BY CERTIFIED GROCERS OF CALIFORNIA
You have the right to participate in campaign activities on behalf of candidates for delegate and alternate delegate to the 1996 IBT Convention.
You have the right to participate in campaign activities on behalf of candidates for International Officer in the IBT.
You have the right to post campaign material on union bulletin boards.
No company official or union member may prohibit you from posting campaign material on union bulletin boards.
Certified Grocers will not interfere with your right to post campaign material on union bulletin boards.
You do not have the right to engage in any conduct which reduces production, decreases discipline, is unsafe or in any way interrupts the business of Certified Grocers, including but not limited to posting campaign or other materials on Certified equipment or property.
_________________________________
Cor Karaffa, Vice President Distribution
Certified Grocers of California
This is an official notice and must remain posted for 30 consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.
Prepared and approved by Barbara Zack Quindel, Election Officer, IBT.
[1]The posting of this notice shall also constitute compliance with the Election Officer’s order in P-241-LU630-CLA.