October 7, 1996
VIA UPS OVERNIGHT
George Saavedra
845 Thetford Place
Fairfield, CA 94533
Thomas McMurtry, Operations Manager
Heinz U.S.A.
2800 S. California Street
Stockton, CA 95206
Re: Election Office Case No. P-960-LU439-CLA
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by George Saavedra, a member of Local Union 439. Mr. Saavedra alleges that he was prevented from campaigning in an employee parking lot at a Heinz U.S.A. (“Heinz”) facility in Stockton, California, in violation of the Rules.
Thomas L. McMurtry, operations manager for Heinz, admits that he refused to allow Mr. Saavedra access to the employee lot.
Regional Coordinator Matthew D. Ross investigated the protest.
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.
George Saavedra
October 7, 1996
Page 1
The parties do not dispute that Mr. Saavedra was not permitted to campaign in the employee parking lot of Heinz’s Stockton, California facility. After communicating with the Election Officer’s Regional Coordinator, Mr. McMurtry now states that he will comply with the Rules and permit campaigning in the employee lot.
Accordingly, the protest is 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, D.C. 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
Matthew D. Ross, Regional Coordinator