November 6, 1996
VIA UPS OVERNIGHT
Bill Lloyd & Charles Lloyd
November 6, 1996
Page 1
Bill Lloyd
3237 N. Oketo
Chicago, IL 60634
Charles Lloyd
5266 S. State #404
Chicago, IL 60609
John Engler, HR Manager
C.P.C. Entenmann’s Baking
300 W. North Avenue
Northlake, IL 60164
Philip Renaught, Attorney
C.P.C. Baking Business
55 Paradise Lane
Bayshore, NY 11706
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bill Lloyd & Charles Lloyd
November 6, 1996
Page 1
Re: Election Office Case No. P-1036-LU703-CHI
Gentlemen:
Bill Lloyd, a member of Local Union 703, and Charles Lloyd, a member of Local Union 738, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that C.P.C. Entenmann’s Baking (“Entenmann’s”) in Northlake, Illinois, refused to permit the protesters to pass out campaign literature on behalf of the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”) in the employee parking lot, in violation of the Rules.
Entenmann’s admits that it did not permit the protesters access to its parking lot.
Regional Coordinator Julie E. Hamos investigated this protest.
Bill Lloyd & Charles Lloyd
November 6, 1996
Page 1
Bill Lloyd and Charles Lloyd state that on September 30, 1996, they were campaigning in the Entenmann’s employee parking lot on behalf of the Carey slate. Entenmann’s Manager of Human Resources John Engler told the protesters that no Teamsters are allowed on the property and if they did not leave the property, Mr. Engler was going to call the police.
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 work time and candidates and their supporters cannot solicit or campaign to employees who are on work time. It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
The Regional Coordinator discussed the denial of access with Entenmann’s. Entenmann’s has now agreed to permit access to its parking lot for campaigning and the protesters have been so advised.
Accordingly, the Election Officer is satisfied that the 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
Julie E. Hamos, Regional Coordinator