April 8, 1996
VIA UPS OVERNIGHT
Richard Lopez
April 8, 1996
Page 1
Richard Lopez
606 N. 6th Avenue
Maywood, IL 60153
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Lisa Golz
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Clinton Fluker
1440 W. 123rd Street
Chicago, IL 60643
R.S. Owens Company
5535 N. Lynch
Chicago, IL 60630
Richard Lopez
April 8, 1996
Page 1
Re: Election Office Case No. P-667-LU743-CHI
Gentlepersons:
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 Richard Lopez, a member of Local Union 743 and supporter of the Take Back Local 743 slate (“Take Back” slate). Mr. Lopez states that he and a non-member attempted to campaign at an R.S. Owens Company facility (“R.S. Owens”) where neither of them work, and were turned away by company personnel. He alleges that the company was told to do so by Local Union 743 Business Agent Clinton Fluker, a member of the opposing Local 743 Movement Towards Members slate (“MTM” slate). Mr. Lopez asserts that his inability to campaign at R.S. Owens constituted a discriminatory denial of access, in view of his allegation that Local Union 743 Business Agent Lisa Golz campaigned at the facility on some earlier date. Ms. Golz is a member of the MTM slate.
This protest was investigated by Regional Coordinator Bruce Boyens.
Richard Lopez
April 8, 1996
Page 1
Mr. Lopez alleges that at some time prior to March 21, 1996, Ms. Golz campaigned at R.S. Owens while on local union time. At lunch time on March 21, Mr. Lopez went to the facility with former Local Union 743 member Rex Broaddus to campaign. Neither works at
R.S. Owens. They were denied access by the company’s director of personnel, Kathy Wemlinger, who told them that she had received a telephone call from Mr. Fluker about restricting access to local union employees or representatives.
The Election Officer’s investigation revealed the following background to this incident. Rex Broaddus had visited R.S. Owens the day before with his father, Terry Broaddus, formerly a Local Union 743 business agent assigned to R.S. Owens. Terry Broaddus saw Ms. Wemlinger and told her that he was helping the union with the election and needed to talk to the steward. He states that he told Ms. Wemlinger that he was retired, but she states that he did not. She permitted him to enter. He then saw the steward, Andreas Ramos, and gave campaign material to Ms. Ramos, talked to other employees about the Take Back slate, and left.
Mr. Ramos, who both sides put forth as a witness, states that he had not asked Terry Broaddus to come to the facility and was surprised to see him. Afterward, Mr. Ramos called
Ms. Golz, who called Mr. Fluker. Mr. Fluker called Ms. Wemlinger the next day (March 21) to make sure that she knew that Terry Broaddus no longer worked for the local union.
Ms. Wemlinger states that she was shocked at the news, because Terry Broaddus had clearly led her to believe that he was still a Local Union 743 business agent. Mr. Fluker asked
Ms. Wemlinger to deny access to anyone who was not a local union employee or representative, which is what Ms. Wemlinger told Mr. Lopez and Rex Broaddus when they showed up at lunch time. She said they could campaign outside or in the parking lot.
With respect to Mr. Lopez’s assertion that he attempted to enter R.S. Owens because
Ms. Golz had campaigned there, Ms. Golz denies this accusation. She states that she visits her stewards on a monthly basis to “give them their checks” and to discuss any issues at the facility. She visited Mr. Ramos on that basis on February 26, 1996, and left him materials to post that were not related to the election. Mr. Ramos fully corroborates Ms. Golz. He also states that he posted the materials she gave him at about the same time he posted MTM slate materials that he received in the mail. He further states that he posted the campaign materials given him by Terry Broaddus.
Turning to Mr. Lopez’s attempt to enter the R.S. Owens facility, the Rules do not provide a right for members to enter employer premises where they are not employed, except for “any parking lot used by that Local Union’s members to park their vehicles in connection with their employment.” Article VIII, Section 11(e). Thus, Ms. Wemlinger was correct in refusing access to Mr. Lopez and directing him to the parking lot. Rex Broaddus, a non-member, had no right under the Rules to be on R.S. Owens premises at all.
Mr. Lopez claims an access right under Article VIII, Section 11(d) of the Rules:
Richard Lopez
April 8, 1996
Page 1
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer . . . bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature . . . or engage in similar activities on employer . . . premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
This provision requires non-discriminatory recognition of “preexisting” rights to use employer facilities. Unless Mr. Lopez can show that R.S. Owens had a preexisting practice of allowing non-employees such as himself to enter its premises to campaign, this provision does not apply to him. The non-discrimination provision requires equal treatment only of those members who have a preexisting right to be there. There is no evidence that R.S. Owens had any preexisting practice of allowing non-employees to enter its premises to campaign.
For the reasons given above, the protest is DENIED.
This denial does not end the Election Officer's consideration of this matter. Article XIV, Section 4 of the Rules provides that “[i]f as a result of . . . any investigation undertaken by the Election Officer with or without a protest, the Election Officer determines that the Rules have been violated or that any other conduct has occurred which may prevent or has prevented a fair, honest, open and informed election, the Election Officer may take whatever remedial action is appropriate.”
This is such a matter. The Election Officer finds that Terry Broaddus entered the R.S. Owens facility on March 20, 1996, on false pretenses and campaigned in violation of the Rules. In making this determination, the Election Officer credits the statement of Mr. Ramos that he did not ask for Terry Broaddus to visit the facility and was surprised that he was there. The Election Officer also credits the statement of Ms. Wemlinger that she was shocked to learn that Terry Broaddus was no longer employed by the local union, because he gave her the clear impression that he was still a Local Union 743 business agent.
Accordingly, the Election Officer orders Terry Broaddus to cease and desist from representing himself as employed by Local Union 743 for purposes of gaining entry to employer premises and otherwise to cease and desist from attempting to gain entry to employer premises unless he has a preexisting right to do so. This order does not bar Terry Broaddus, if an IBT member, from campaigning properly in employee parking lots in conformity with the Rules.
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:
Richard Lopez
April 8, 1996
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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
Bruce Boyens, Regional Coordinator