March 21, 1996
VIA UPS OVERNIGHT
Margaret Peterson
March 21, 1996
Page 1
Margaret Peterson
14327 Jicarilla Road
Apple Valley, CA 92307
Kenneth Green
13045 Iroquois Road
Apple Valley, CA 92308
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
George Knoepfel
17908 Wisteria
Hesperia, CA 92345
Paul Haridakis
Roadway Services, Inc.
44310 Gorge Boulevard
Akron, OH 44309
Margaret Peterson
March 21, 1996
Page 1
Re: Election Office Case No. P-621-LU63-CLA
Gentlepersons:
Margaret Peterson, a member of Local Union 63, and a candidate for delegate on the People, Not Politics slate, 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”). The protester alleges that two shop stewards of Local Union 63 removed campaign literature posted on the union bulletin board in the driver’s room at Roadway Express.
The shop stewards, Ken Green and George Knoepfel, admit that they removed the literature in question. They further respond that they removed the literature because the use of the board for campaign literature had been a matter of repeated dispute in the last local union election. In order to avoid such disputes, the respondents contend that no campaign literature should be posted on the bulletin board. They further state that the denial of access is non-discriminatory: no candidates are allowed to post on the bulletin board. Local Union 63 Secretary-Treasurer Randy Cammack states that the local union permits the posting of campaign literature.
Margaret Peterson
March 21, 1996
Page 1
Regional Coordinator Dolly Gee investigated the protest.
The facts here are not in dispute. Mr. Green and Mr. Knoepfel removed the campign materials from the bulletin board. There is also no dispute that campaign posting was permitted in the 1991 election. The only question is whether this violated the Rules.
Article VIII, Section 11(d) requires that no restrictions be placed on candidates’ or members’ pre-existing rights to use union bulletin boards to display campaign literature. In a series of decisions in the prior election, the Election Officer established that the bulletin board should be used for campaign literature. Cetinske, P-055-LU63-CLA (December 13, 1990), aff’d, 90 - Elec. App. - 21 (December 21, 1990); Cetinske, P-055-LU63-CLA et al. (April 19, 1991), compliance decision (July 11, 1991), rev’d as to remedy, 91 - Elec. App. - 176 (SA) (August 19, 1991).
In similar attempts to restrict preexisting rights to use bulletin boards to post campaign materials, the Election Officer has upheld the right to post campaign literature. In Rodriguez, P-241-LU630-CLA (January 10, 1996), the Election Officer granted a protest alleging that an employer had removed campaign literature from the plant’s union bulletin board. The Election Officer found that union bulletin boards had been used in the past for posting campaign material. Accordingly, she ordered the employer 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. See also Cook, P-173-LU705-CHI (November 15, 1995).
The Election Officer finds that the restrictions placed by the shop stewards on the use of the union bulletin board at Roadway violate the Rules.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation as well as its potential for interfering with the election process.
To remedy this violation, the Election Officer hereby orders that Messrs. Green and Knoepfel cease and desist from removing campaign literature from bulletin boards at Roadway Express and any other place of employment where there is a pre-existing right to post campaign literature. The Election Officer further orders that Local Union 63 post, for a
30-day period, the enclosed Notice to Local Union 63 members on all union bulletin boards at Roadway Express where Local Union 63 notices are normally posted.
The Election Officer further orders that within two (2) days of posting the notice, Local Union 63 shall file an affidavit with the Election Officer setting forth the steps it has taken to comply with this decision and order.
Margaret Peterson
March 21, 1996
Page 1
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
Dolly M. Gee, Regional Coordinator
NOTICE TO TEAMSTER MEMBERS OF LOCAL UNION 63
EMPLOYED BY ROADWAY EXPRESS
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 the Union bulletin boards at the Roadway Express site in Adelanto, California.
No Local Union 63 representative or member may interfere with your engaging in the above-described campaign activity.
___________________
Barbara Zack Quindel
Election Officer
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.