April 25, 1996
VIA UPS OVERNIGHT
Richard E. Vigil
1265 Westgate Avenue #6
Los Angeles, CA 90025
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Re: Election Office Case No. P-735-LU63-CLA
Richard E. Vigil, a member of and candidate for delegate from Local Union 63, 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”) seeking access to three work sites where members of Local Union 63 are employed. The protester sought access to the American Red Cross facility on South Vermont Avenue in Los Angeles, California, the Golden State Foods facility in City of Industry, California, and the Stater Brothers Foods Facility in Colton, California. The protester also alleged that although he has been denied access to these employers for campaigning, access has been provided to Randy Cammack, one of his opponents in the delegate election.
The protest was assigned to Regional Coordinator Dolly M. Gee.
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.
Richard Vigil
April 25, 1996
Page 1
After discussion with the Regional Coordinator and in an effort to resolve this protest, the three employers have agreed to permit access to their facilities for campaigning as permitted by the Rules. There is no evidence that access was denied on a discriminatory basis.
American Red Cross Plant Manager Claire McChristy has agreed on behalf of that employer to permit access to its facility for campaigning as permitted by the Rules. Golden State Foods Division Human Resources Manager Trudy K. Marino has agreed that IBT members who are not employees may have access to campaign in its employee parking lot
one-half hour before dispatch times or warehouse start times, with specific times to be mutually agreed to in advance of any campaign activity. Stater Brothers Vice President of Human Resources Kathy Finazzo and Vice President of Labor Relations George Frahm have agreed that the protester may have access to its parking lot for campaigning during shift changes.
The protester was informed on April 22, 1996 that he may have access to the American Red Cross facility and on April 23, 1996 that he may have access to Golden State Foods and Stater Brothers.
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
Richard Vigil
April 25, 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
Dolly M. Gee, Regional Coordinator