October 17, 1996
VIA UPS OVERNIGHT
Deborah Budzowski
October 17, 1996
Page 1
Deborah Budzowski
7418 Brookside Drive
Brooklyn, OH 44144
Mike O’Brien, Warehouse Manager
Reiser Foods
5700 Lee Road
Maple Heights, OH 44137
Robert Duvin
Reiser Foods
5700 Lee Road
Maple Heights, OH 44137
Deborah Budzowski
October 17, 1996
Page 1
Re: Election Office Case No. P-1075-LU507-CLE
Gentlepersons:
Deborah Budzowski, a member of Local Union 507, 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 Riser Foods has violated the Rules by refusing to recognize the right of IBT members to campaign in the employer’s parking lot.
Riser Foods has indicated that it will agree to abide by the Rules.
This protest was investigated by Regional Coordinator Joyce Goldstein.
The investigation revealed that on October 9, 1996, Ms. Budzowski and a local union steward had a discussion with Riser Foods’ Warehouse Manager Mike O’Brien about IBT members’ rights to campaign in the employer’s parking lot under the Rules. Ms. Budzowski stated that she told Mr. O’Brien of the “federal law which governs campaigning for the National candidates in the National Teamster Election” and informed him of IBT members’ right to campaign. Mr. O’Brien replied that he was aware of the International officer election but that no campaigners would be allowed on the lot. When Ms. Budzowski told Mr. O’Brien to speak to employer’s counsel Robert Duvin, he again told her that the employer was aware of the International officer election and that no campaigners would be allowed on the lot.
Deborah Budzowski
October 17, 1996
Page 1
Upon receipt of the protest, the Regional Coordinator contacted Riser Foods’ counsel, Marc J. Bloch, and informed him of the Consent Decree and the Rules. The Regional Coordinator sent Mr. Bloch a copy of the “Advisory on Limited Right of Access to Employer Premises.” After review of the Rules, Mr. Bloch stated that his client would “abide by the rules of conduct for the International election.”
Accordingly, the Election Officer is satisfied that Ms. Budzowski’s 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, 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
Joyce Goldstein, Regional Coordinator