February 21, 1996
VIA UPS OVERNIGHT
John G. Platt
1480 Cedar Oak
Placerville, CA 95667
Nancy McGagin
Raley’s Superstores
500 West Capitol
West Sacramento, CA 95605
Re: Election Office Case No. P-424-LU150-CSF
Gentlepersons:
John G. Platt, a candidate for delegate from Local Union 150, filed a protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Raley’s Superstores, which has a collective bargaining agreement with Local Union 150, violated the Rules by denying Robert Ream, a candidate for alternate delegate from Local Union 150, access to its parking lot at its distribution center in Sacramento, California for the purpose of campaigning.
This protest was investigated by Regional Coordinator Matthew D. Ross.
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 . . .” The only limita-tions on the right are that such campaigning must occur during times when the area is “normally open to employees” and cannot “materially interfere with the course of the employer’s normal business.” Employees may not engage in such campaigning during work time. Additionally, the employer may require reasonable identification to assure that the person seeking access is a candidate or other union member entitled to such access.
John G. Platt
February 21, 1996
Page 1
The 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.
After discussion with the Regional Coordinator, Raley’s Superstores has agreed to allow IBT members a right-of-access to its parking lot at its Sacramento distribution center for campaign purposes, as provided by the Rules.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints as stated in this protest have 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 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