August 27, 1996
VIA UPS OVERNIGHT
Ron Bryan
August 27, 1996
Page 1
Ron Bryan
77 W. Dover Drive
Des Plaines, IL 60018
Daniel Hornbeck
Yellow Freight
10990 Roe Avenue
Overland Park, KS 66211
Jerry Blitstein
Yellow Freight
1000 S. Chadick
Wheeling, IL 60090
Ron Bryan
August 27, 1996
Page 1
Re: Election Office Case No. P-878-LU705-CHI
Gentlemen:
Ron L. Bryan, a member of Local Union 705, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against, Jerry Blitstein, a union steward for Local Union 705. The protester contends that Mr. Blitstein, while still on working time, entered the break room at the Yellow Freight facility in Wheeling, Illinois, and posted two pieces of campaign literature supporting the election of Ron Carey for general president. Mr. Bryan alleges that he saw Mr. Blitstein punch out at the employer’s time clock after he posted the literature.
Mr. Blitstein states that he moved Carey literature that was already posted on the bulletin board away from Hoffa/Hogan literature on the bulletin board. He believes that he did this after he punched out and therefore was not on work time. He argues that even if he had posted Carey literature while on the clock, his conduct was “incidental campaigning” permitted by the Rules.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Ron Bryan
August 27, 1996
Page 1
The investigation showed that Mr. Bryan posted information about a blood drive on the general purpose bulletin board in the break room. Mr. Blitstein came into the break room where Mr. Bryan and Carol Milano, a fellow worker, were having a discussion. Mr. Blitstein made a remark about a piece of campaign literature supporting Mr. Hoffa on the bulletin board and then left. A few minutes later, Mr. Blitstein returned to the break room and posted two pieces of literature supporting Mr. Carey on the bulletin board.
Mr. Bryan and Ms. Milano contend Mr. Blitstein was on work time when he posted the campaign literature. Mr. Blitstein contends he was not.
The Rules protect “incidental” campaigning on work time in order to ensure that as members interact normally during the course of their on-the-job responsibilities, that interaction may include campaigning. See Benson, Post-67-LU104-RMT (April 16, 1991) (“Use of a CB radio [for campaigning] while otherwise working . . . is exactly the type of normal ‘shop talk’ the Rule on incidental campaigning was meant to [cover].”) Benson, P-125-LU104-RMT (October 12, 1995) (Stopping truck and handing out a piece of campaign literature during work time is incidental.)
In assessing whether campaign activity falls within normal workplace interaction and is, thus, “incidental,” the Election Officer has looked to the absence of evidence that an employee failed to perform work, deviated from prescribed duties, or interfered with another employee’s work. See Raymond, P-434-LU572-CLA, et seq. (March 14, 1996). The Election Officer has also looked to employer tolerance of similar personal activity, and to the brevity of the campaigning.
Here the Election Officer finds it unnecessary to determine whether Mr. Blitstein was on work time when he posted the campaign literature. The evidence demonstrates that even if
Mr. Blitstein posted the campaign material on work time, it was shortly before he punched out and he only engaged in campaign activity for a few moments. In these circumstances, such conduct is incidental campaigning protected by the Rules.
Accordingly, the protest is DENIED.
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
Ron Bryan
August 27, 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
Julie E. Hamos, Regional Coordinator