September 6, 1996
VIA UPS OVERNIGHT
Mauricio Terrazas
September 6, 1996
Page 1
Mauricio Terrazas
3800 Bradford Street #233
La Verne, CA 91750
R.G. Biggs, Senior Vice President
and Director of Human Resources
Fedco Inc.
9300 Santa Fe Springs Road
Santa Fe Springs, CA 90670
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Lorenna Blanco, Associate Counsel for
Human Resources
Fedco Inc.
9300 Santa Fe Springs Road
Santa Fe Springs, CA 90670
Mauricio Terrazas
September 6, 1996
Page 1
Re: Election Office Case No. P-903-LU63-CLA
Gentlepersons:
Mauricio Terrazas, a member of Local Union 63, 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 Fedco, Inc. Mr. Terrazas claims that on August 27, 1996, he was advised by Fedco’s Director of Human Resources R.G. Biggs that he could not campaign in the parking lot f its facility. Mr. Terrazas also alleges that he was intimidated by Mr. Biggs when, after he told Mr. Biggs that he could telephone the Election Office or the local union about his right of access to the parking lot, Mr. Biggs replied, “You know who I will call--Mike Riley, the head of Joint Council 42.”
This protest was investigated by Regional Coordinator Dolly M. Gee.
1. Allegations Concerning Access to the Fedco Parking Lot
On August 27, 1996, the protester attempted to campaign in the employee parking lot at Fedco. He sought to leaflet cars with campaign literature.
Mauricio Terrazas
September 6, 1996
Page 1
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.
Following this incident, Regional Coordinator Gee spoke to and exchanged information about the limited access rights under the Rules with Lorenna Blanco, associate counsel for human resources for Fedco, in order to resolve this matter. Fedco has now agreed that it will permit campaigning in its corporate office employee parking lot if the campaigner shows identification that he or she is a candidate or member entitled to such access; that the campaigning right is only available when the parking lot is open to union-represented employees; that the right is not available to an employee on working time and may not be exercised among employees who are on working time; and the right does not extend to campaigning which would materially interfered with Fedco’s normal business activities. The Election Officer finds that this agreement is in accordance with the Rules. Accordingly, this issue has been resolved.
2. Allegation of Intimidation
Mr. Terrazas claims that the statement by Mr. Biggs that he might call “Mike Riley--the head of Joint Council 42” was intimidating, in violation of the Rules. Mr. Terrazas does not offer any explanation as to why such a statement would be intimidating.
The Rules at Article VIII, Section 11(f) prohibit retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed by the Rules. The statement alleged to have been made by Mr. Biggs does not constitute adverse treatment such that it rises to the level of retaliation under the Rules.
Accordingly, the protest is RESOLVED as to the parking lot access and DENIED in all other respects.
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
Mauricio Terrazas
September 6, 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