November 13, 1996
VIA UPS OVERNIGHT
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
Clifford Andersen
206 8th Street, Box 237
Standard, IL 61363
Roger Lewis
R.R. 1, Box 121
Greentop, MO 63546
John Baker
Roadway Express
2000 Lincoln Highway
Chicago Heights, IL 60411
Tom Forest
Roadway Express
2000 Lincoln Highway
Chicago Heights, IL 60411
Bill Rentschler
Roadway Express
2000 Lincoln Highway
Chicago Heights, IL 60411
Dave Tippy
Roadway Express
2000 Lincoln Highway
Chicago Heights, IL 60411
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
Re: Election Office Case Nos. P-1002-LU710-CHI
P-1024-LU710-CHI
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
Gentlepersons:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) regarding access to the employee parking lot at the Roadway Express, Inc. (“Roadway”) facility in Chicago Heights, Illinois, for campaigning in the International officer election. In P-1002-LU710-CHI, Local Union 710 member Clifford A. Andersen alleges that on September 19, 1996, he and Local Union 710 member Roger Lewis were told to the leave the parking lot because they were campaigning for the reelection of General President Ron Carey. He further alleges that drivers are constantly told to vote for general president candidate James P. Hoffa instead of Mr. Carey and that it is “a mistake” to pick up Carey campaign literature or wear Carey campaign paraphernalia. In P-1024-LU710-CHI, Mr. Lewis alleges that on September 25, 1996, he and Local Union 710 member John Dennis were told to the leave the parking lot because they had not given 24-hour advance notice of their intent to campaign. The Election Officer consolidated these protests for decision because they involve the same employer facility and raise similar issues under the Rules.
Roadway responds to the parking lot access aspect of P-1002-LU710-CHI by stating that it asked Messrs. Andersen and Lewis to move their car from the visitor parking area. It denies asking them to leave the lot or stop campaigning for Mr. Carey. The company responds in
P-1024-LU710-CHI that it has a right to enforce a requirement of 24-hour advance notice.
These protests were investigated by Regional Coordinator Julie E. Hamos.
1. Allegations Concerning Parking Lot Access
A. Mr. Andersen’s allegations (P-1002-LU710-CHI)
Mr. Andersen states that on September 19, 1996, he and Mr. Lewis were campaigning in the parking lot of Roadway’s Chicago Heights facility when they were approached by Foreman Dave Tippy and a Saulk Village police officer. Mr. Andersen alleges that Mr. Tippy told them to “leave the property post haste as Mr. Tom Forrest [Assistant Relay Manager] had called and ordered him to extricate us from the property” because they were campaigning for Mr. Carey.
Roadway responds that Messrs. Andersen and Lewis were not asked to leave the property or stop campaigning for Mr. Carey. The company states that the campaigners had parked their car in the visitor parking area and that it wanted them to move the car to another location.
Mr. Andersen has returned to campaign in the parking lot at Roadway’s Chicago Heights facility on several occasions and has not been disturbed. Thus, the Election Officer finds the
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
protest in P-1002-LU710-CHI, with respect to the particular incident on September 19, to be RESOLVED.[1]
B. Mr. Lewis’s allegations (P-1024-LU710-CHI)
Mr. Lewis alleges that on September 25, 1996, he and Mr. Dennis entered the employee parking lot at Roadway’s Chicago Heights facility at approximately 7:35 p.m., in order to campaign for Mr. Carey. He further alleges that after about 25 minutes, they were approached by Foreman Bill Rentschler and Linehaul Coordinator John Baker, who told them to leave for failure to give 24-hour advance notice.
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.
The Rules also specify that employers may not restrict the right granted by Article VIII, Section 11(e), except by seeking relief from the Election Officer with respect to specific parking lots, by presenting adequate reasons. Thus, Section 11(e) also provides:
The foregoing rights are presumptively available, notwithstanding any employer rule or policy to the contrary, based upon the Election Officer’s finding that an absence of such rights would subvert the Consent Order’s objectives of ensuring free, honest, fair and informed elections and opening the Union and its membership to democratic processes . . . An employer seeking to deny access to Union members in an employee parking lot may seek relief from the Election Officer at any time.
With respect to the Chicago Heights facility, Roadway states that two reasons justify requiring 24-hour advance notice: (1) that “numerous vehicles have been broken into, and at least four employee vehicles have been stolen from the employee parking lot;” and (2) that “the Company relies on supervisors to maintain plant security” due to gaps in the rotating shifts of security personnel, and that “[t]he 24-hour notice provision gives the Company sufficient time to inform security, all supervisors, and any other appropriate persons in a timely manner of the campaign activities, and thereby, to avoid unnecessary confrontations.”
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
The Election Officer finds that neither of these reasons justify a requirement of 24-hour notice for IBT members wishing to campaign in the parking lot, under the Rules. With respect to Roadway’s concern about crime in the parking lot, Article VIII, Section 11(e) already provides that “[a]n employer may require reasonable identification to assure that a person seeking access to an employee parking lot pursuant to this rule is a candidate or other member entitled to such access.” Thus, Roadway is already entitled to know when campaigners are in its parking lot and who they are. Its concern about crime by unknown persons at other times does not justify an additional requirement of 24-hour advance notice for persons who already may be required to identify themselves.
Roadway’s second concern is that it needs 24 hours to instruct “security, all supervisors, and any other appropriate persons in a timely manner of the campaign activities” in order to avoid unnecessary confrontations with IBT campaigners. Roadway does not state, however, why that concern cannot be addressed by appropriate training, e.g., issuing an instruction to relevant persons that IBT members, upon the furnishing of identification, have the right to campaign in the Chicago Heights parking lot under the terms of the limited right-of-access guaranteed by the Rules.
Thus, the Election Officer finds that Roadway has not met its burden of showing why a requirement of 24-hour advance notice is necessary at its Chicago Heights facility.[2]
2. Allegations Concerning Election-Related Pressure by Roadway
Mr. Andersen states that at the Chicago Heights facility,
Drivers are constantly told about voting for Mr. Hoffa over Mr. Carey in the drivers room, on the dock and in the yard at the terminal. The minute an employee picks up any Carey literature or wears any Carey apparel such as hats, shirts or jackets, he is told “that is a mistake.”
When the Regional Coordinator asked Mr. Andersen for evidence of this allegation,
Mr. Andersen stated, “There are reports from the guys, but nothing specific.” He further said that he did not know any details and would talk to some other members.
“With respect to any protest, it shall be the burden of the complainant to present evidence that a violation has occurred.” Rules, Article XIV, Section 1. With respect to this allegation,
Mr. Andersen has not met his burden.
Clifford Andersen & Roger Lewis
November 13, 1996
Page 1
The protest in P-1002-LU710-CHI is RESOLVED with respect to parking lot access and DENIED with respect to allegations of employer pressure to support Mr. Hoffa. The protest in P-1024-LU710-CHI is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
Roadway shall immediately cease and desist from enforcing its purported requirement of 24-hour advance notice before IBT members may access the parking lot of its facility in Chicago Heights for campaigning.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Julie E. Hamos, Regional Coordinator
[1]The Election Officer notes that Mr. Andersen gave Roadway 24-hour advance notice of his subsequent campaign visits. As the rest of this decision makes clear, Roadway may not require him to do so.
[2]During the investigation of this and related protests, see Cetinske, P-886-LU480-SCE et seq. (November 1, 1996) (decision on remand), the Election Officer notes that Roadway has declined to discuss a resolution of its interests except by full 24-hour notice.