July 31, 1996
VIA UPS OVERNIGHT
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Ralph Perez, Senior Managing Counsel
Toyota Motor Sales, U.S.A., Inc.
19001 S. Western Avenue
Torrance, CA 90504
Re: Election Office Case No. P-847-LU287-CLA
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Ken Mee, a member of Local Union 287 and a candidate for re-election to the postition of International vice president for the Western region. Mr. Mee alleges that Toyota Motor Sales, U.S.A. (“Toyota” or “the employer”) violated Article VIII, Section 11(e) of the Rules by denying him and a campaign worker access to the parking lot at the Toyota facility in Torrance, California for campaigning. Mr. Mee requests that the Election Officer not only order access to the property, but also asks that Toyota be directed to provide his campaign with compensation for time and expenses incurred in the “fruitless” attempt to campaign.
In response, Toyota states that it denied access because it was unaware of the protester’s right under the Rules to campaign in its parking lot. Additionally, Toyota states that Mr. Mee had requested access to the employer’s facilities in general and did not limit his request to the parking lot.
Regional Coordinator Dolly M. Gee investigated this protest.
Ken Mee
July 31, 1996
Page 1
On June 20, 1996, Mr. Mee and a campaign worker attempted to campaign at Toyota’s facility in Torrance, California, where union members are employed. Mr. Mee requested access to the facility without limiting his request to the parking lot. He was refused access and was referred to Toyota Senior Managing Counsel Ralph Perez. Mr. Perez wrote Mr. Mee a letter dated June 20, 1996 informing him that the employer would not permit representatives from either the campaigns of Ron Carey or James P. Hoffa to campaign at the employer’s Torrance facility.
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. The right of access is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
After discussion with the Regional Coordinator, Toyota has now agreed that it will provide limited access for campaigning at its parking lot, in accordance with the Rules. 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. In these circumstances, the Election Officer refuses Mr. Mee’s request for compensation.
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
Dolly M. Gee, Regional Coordinator