September 19, 1996
VIA UPS OVERNIGHT
Mauricio Terrazas
September 19, 1996
Page 1
Mauricio Terrazas
3800 Bradford Street #233
La Verne, CA 91750
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Freddie Towler
Ingram Paper
17411 Valley Boulevard
City of Industry, CA 91744
Joseph D. Smallwood, Attorney
International Paper
50 E. Rivercenter Boulevard
Suite 700
Covington, KY 41011
Mauricio Terrazas
September 19, 1996
Page 1
Re: Election Office Case No. P-936-LU63-CLA
Gentlemen:
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”) alleging that he was denied access to the employee parking lot at Ingram Paper (“Ingram”), also known as International Paper Company, on August 30, 1996.
Mr. Terrazas states that he spoke with Fred Towler, corporate administrative manager for Ingram, who informed the protester that he would have to speak to Ingram’s counsel before
Mr. Terrazas could be granted access.
Ingram’s management admits that it denied Mr. Terrazas access to the parking lot.
Regional Coordinator Dolly M. Gee investigated this protest.
Mauricio Terrazas
September 19, 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 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.
It is undisputed that Mr. Terrazas was denied access to the employer’s parking lot in order to campaign. The Election Officer’s investigator discussed the denial of access to the lot with Ingram’s management. International Paper Company has now agreed to permit parking-lot access to relevant employee parking lots, in compliance with the Rules.
Accordingly, the Election Officer is satisfied that Mr. Terrazas’ protest has been 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