April 2, 1996
VIA UPS OVERNIGHT
Sam Rosas
1796 Cherry Hill Court
Lathrop, CA 95330
John Flanigan
Specialized Distribution
Management, Inc.
16900 W. Shulte Road
Tracy, CA 95376
Re: Election Office Case No. P-582-LU459-CSF
Gentlemen:
Sam Rosas, a member of Local Union 439, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Mr. Rosas alleges that his employer, Specialized Distribution Managegment, Inc. (“SDMI”), posted a notice in the lunchroom, a non-work area, prohibiting campaigning in the lunchroom.
This protest was investigated by Regional Coordinator Matthew D. Ross.
Upon receipt of the protest, SDMI was contacted by Regional Coordinator Ross. SDMI advised that it would permit campaigning in parking lots and campaigning in non-work areas during non-working time by SDMI employees, in accordance with the Rules. On
March 8, SDMI posted a notice stating, in pertinent part, that “We also will not permit any employee or non-employee to distribute campaign material or engage in campaign activity except when all involved are on non-working time and in non-working areas. Any campaign activity on non-working time and in non-working areas must be conducted in a way that does not disrupt operations.” Mr. Rosas was advised that such campaigning would be permitted.
Sam Rosas
April 2, 1996
Page 1
Because respondent SDMI has agreed to allow its employees the right to campaign in non-work areas during non-working time, 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 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
Matthew D. Ross, Regional Coordinator