November 1, 1996
VIA UPS OVERNIGHT
Edwin Sanchez
November 1, 1996
Page 1
Edwin Sanchez
4441 Jasper Street
Los Angeles, CA 90032
Sharon Polack, Sr. HR Administrator
TABC, Inc.
6375 Paramount Boulevard
Long Beach, CA 90805
Greg Porter
TABC, Inc.
6375 Paramount Boulevard
Long Beach, CA 90805
Edwin Sanchez
November 1, 1996
Page 1
Re: Election Office Case No. P-1068-LU396-CLA
Gentlepersons:
Edwin Sanchez, a member of Local Union 396, 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”) claiming he had been denied access to campaign in the employee parking lot of TABC Toyota (“TABC”), in violation of Article VIII, Section 11(e) of the Rules.
TABC responds that it complies with the Rules, so long as IBT members provide reasonable notice to TABC. In this case, however, the protester came without any notice and the security guard was not advised of the procedures under these circumstances.
This protest was investigated by Regional Coordinator Dolly M. Gee.
The protester was at the parking lot of TABC at approximately 5:00 a.m. on
October 6, 1996 to campaign for Ron Carey, IBT general president and a candidate for reelection. He had passed out a few pieces of campaign literature when he was approached
by the security guard and asked to leave. Mr. Sanchez then identified himself and explained his right to campaign under the Rules. The guard then called a supervisor, who came out and also advised Mr. Sanchez to leave the premises.
Edwin Sanchez
November 1, 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 work time and candidates and their supporters cannot solicit or campaign to employees who are on work time. The right-of-access is also restricted to campaigning that will not materially interfere with an employer’s normal business activities.
TABC agreed to permit access to its parking lot in Mee, P-847-LU287-CLA (July 31, 1996). TABC indicated that it was accustomed to having campaigners call in advance of their intent to campaign and that those who responded to Mr. Sanchez were not familiar with the procedure for an unexpected campaign visit. After discussions with the Regional Coordinator, TABC has once again agreed to permit access. It states that campaigners should call in advance of coming to the facility and that access be for a reasonable time period before and after each shift.[1] The Election Officer finds this is consistent with the Rules.
Accordingly, the protest is now 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
[1]The shift schedule is as follows: 1st shift starts at 5:30 a.m. and ends at 2:30 p.m.;
2nd shift starts at 3:00 p.m. and ends at 11:30 p.m.