June 4, 1996
VIA UPS OVERNIGHT
Bruce Blake
1101 West Road
La Habra Heights, CA 90631
Wayne Perkins
3018 Longhorn Drive
Canyon Lake, CA 92587
Re: Election Office Case No. P-749-LU848-CLA
Gentlemen:
Bruce D. Blake, a member of Local Union 848, 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”) against Wayne Parkins, a shop steward in Local Union 848. The protester alleges that Mr. Parkins removed leaflets supporting the campaign of Ron Carey for general president from the union bulletin board and break tables at Certified Grocers.
The protest was assigned to Associate Regional Coordinator Glenn Rothner.
Article VIII, Section 11(d) of the Rules provides:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Bruce Blake
June 4, 1996
Page 1
The protester and Mr. Parkins have agreed to divide the union bulletin board at Certified Grocers into halves, each half to be allocated to one of the two candidates for general president. The protester and Mr. Parkins have agreed to respect each campaign’s right to post literature on the bulletin board. The protester and Mr. Parkins have further agreed not to remove or otherwise interfere with campaign literature set out on tables located in the break area.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint, as stated in this protest, has been addressed, and relief has been provided. 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
Glenn Rothner, Associate Regional Coordinator