Protest Decisions

              February 14, 1996

VIA UPS OVERNIGHT

Amadeo E. Bianchi

12920 N.W. Miami Court

North Miami, FL 33168

Donald Marr

8637 S.W. 50th Street

Cooper City, FL 33328

Re:  Election Office Case No. P-356-LU390-SEC

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by

Amadeo E. Bianchi, a member of Local Union 390 and a candidate for delegate, against Donald Marr, a member of the same local union.  The protester asserts that Mr. Marr interfered with his right to campaign in the employee parking lot at Allied Systems ("Allied"), where Mr. Marr is employed and serves as chief steward.      

The charged party responds that he did not realize Mr. Bianchi and his supporters were entitled to campaign in the parking lot.  Access to this area has traditionally been limited.

The protest was investigated by Regional Coordinator J. Griffin Morgan. 

Article VIII, Section 11(e) of the Rules permits a candidate for delegate and any member of his local union to "distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by that Local Union's members to park their vehicles in connection with their employment." 

Amadeo E. Bianchi

February 14, 1996

Page 2

On January 24, 1996, the protester and several supporters went to the employee parking lot at Allied Systems at 6:10 a.m. for the purpose of campaigning.  Mr. Bianchi claims that Mr. Marr told him to "get off this property . . . you have no right to be here" and proceeded to the guard house.  The security guard immediately told Mr. Bianchi that he needed to leave the premises.  After Mr. Bianchi showed the guard his letter from the Regional Coordinator explaining that he was entitled to campaign in the parking lot, the guard allowed him and his supporters to remain there and campaign.  Mr. Bianchi was subsequently approached by a railroad police officer and two supervisors who told him to leave the area.[1]  Again, after producing the Regional Coordinator's letter, the protester and his supporters were permitted to stay.

According to Mr. Bianchi, Mr. Marr encouraged both the security guard and the railroad police officer to remove him and his supporters from the property.  In addition, the protester claims that Mr. Marr told his coworkers not to speak with the campaigners.

Mr. Marr contends that he never spoke directly to Mr. Bianchi and his supporters, and did not urge fellow workers to ignore the campaigners.  Mr. Marr admits that he encouraged the security guard and railroad police officer to remove Mr. Bianchi and his supporters but attributes that to the fact that he did not know campaigning was allowed in the parking lot.

The investigation conducted by the Election Officer indicates that Mr. Marr ordered the protester to leave Allied's property.  As the charged party himself admits, he encouraged security personnel to remove the protester and his supporters from the premises.  The Election Officer finds that Mr. Marr, even if not familiar with the Rules, interfered with the protester's right to campaign, in violation of Article VIII, Section 11(e).  While the violation is de minimus, as Mr. Marr's actions did not ultimately prevent Mr. Bianchi from campaigning, the Election Officer finds it significant nonetheless as the right to campaign is critical to the conduct of fair, honest, open and informed elections.  

Accordingly, the instant protest is GRANTED.  The Election Officer orders Mr. Marr to immediately cease and desist from any and all interference with the right of candidates to campaign in the employee parking lot at Allied or to exercise any other rights permitted by 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:

Amadeo E. Bianchi

February 14, 1996

Page 2

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

J. Griffin Morgan, Regional Coordinator