March 4, 1996
VIA UPS OVERNIGHT
Peter A. George
212 Sedgefield Lane
Danville, VA 24541
Johnson Controls
Operations
1701 W. Mountain Street
Kernersville, NC 27285
Re: Election Office Case No. P-372-LU391-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Peter A. George, a member of Local Union 391 and a candidate for delegate on the Working Teamsters for Reform Slate. Mr. George states that he and other slate members were prevented from campaigning during working hours in the employee parking lot of Johnson Controls of Winston-Salem, North Carolina.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
It is undisputed that Mr. George and other members of the Working Teamsters for Reform Slate arrived at the Johnson Controls employee parking lot at approximately 2:30 p.m. on January 29, 1996. On arrival, Mr. George showed the guard a letter dated January 22, 1996, from Regional Coordinator Morgan, generally explaining the right of employees to distribute campaign literature in work site parking lots. At 3:15 p.m., the guard asked
Mr. George and his group to leave the parking lot, by order of the plant manager, Jim DiBiagio. Mr. George asked to speak with Mr. DiBiagio, who said that he had tried, and failed, to contact Regional Coordinator Morgan in order to verify the contents of the letter. Mr. Morgan was out of town.
Peter George
March 4, 1996
Page 1
Thereafter, Mr. DiBiagio spoke with an officer of Local Union 391, with his corporate headquarters, and with Regional Coordinator Morgan. Mr. Morgan explained the provisions of Article VIII, Section 11(c) of the Rules, under which members have a right of limited access to employee parking lots for campaign purposes. Mr. DiBiagio has agreed to allow members to exercise their right to campaign in the employee parking lot at Johnson Controls in accordance with Article VIII, Section 11(c) of the Rules. Mr. George was advised that the employer would permit such access on February 6, 1996.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint has been addressed, and the relief requested has been achieved. Accordingly, this protest is now 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 & 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 N. 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
J. Griffin Morgan, Regional Coordinator