May 9, 1996
VIA UPS OVERNIGHT
John Murphy
May 9, 1996
Page 1
John Murphy, Secretary-Treasurer
Teamsters Local Union 122
650 Beacon Street
Boston, MA 02215
Airborne Express
159 Wells Avenue
Newton, MA 02159
William Boe, Dir. of Labor Relations
Airborne Express
3101 Western Avenue
Seattle, WA 98121
John Murphy
May 9, 1996
Page 1
Re: Election Office Case Nos. P-663-LU122-ENG, P-759-LU122-ENG
Gentlemen:
John F. Murphy, a member of Local Union 122 and a candidate for International vice president, filed two pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). In P-663-LU122-ENG, the protester alleges that on Friday, March 22, 1996, he and other members of Local Union 122 sought to campaign during a shift change at the edge of a parking lot at the Airborne Express (“Airborne”) facility in North Reading, Massachusetts. The protester contends that an employer representative asked them to leave the property, in violation of Article VIII, Section 11(e) of the Rules. In P-759-LU122-ENG, Mr. Murphy alleges that on May 2, 1996, he and six members went to the Airborne facility on Wells Avenue in Newton, Massachusetts to campaign for James P. Hoffa, a candidate for general president. A few minutes after their arrival, an Airborne supervisor ordered them to leave the property, in violation of the Rules.
Airborne does not dispute that it has not permitted access to these parking lots for campaigning.
John Murphy
May 9, 1996
Page 1
Because these protests involve access to Airborne facilities, they were consolidated for decision by the Election Officer. The protests were assigned to Associate Regional Coordinator David F. Reilly.
Article VIII, Section 11(e) of the Rules creates a limited right of access to IBT members and candidates to distribute literature and seek support for their campaign in any parking lot used by union members to park their vehicles in connection with their employment. While “presumptively available,” this right is not without limitations. It is not available to any employee on working time, and candidates and their supporters cannot solicit or campaign to employees who are on working time. It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
During the investigation of these protests, Airborne agreed to permit access to the parking lot at its facilities in North Reading and Newton, Massachusetts, and to its other facilities subject to the following limitations: that the number of campaigners not exceed five people at any given time; that the campaigners provide reasonable notice to the local manager, stating the place and time such visit shall occur; that the campaigners provide proper identification, that the activity is confined to the parking lot; and that the campaigners not interfere with Airborne’s operations. The Election Officer finds that, based on the particular nature of these facilities, such access complies with the Rules.
Under these circumstances, the Election Officer concludes that further processing of these protests is unwarranted. The protester’s complaints as stated in the protests, have been addressed and relief requested has been achieved.
Accordingly, these protests are 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
John Murphy
May 9, 1996
Page 1
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
David F. Reilly, Associate Regional Coordinator