November 4, 1996
VIA UPS OVERNIGHT
Leonard Alexander & Amadeo Bianchi
November 4, 1996
Page 1
Leonard Alexander
5519 Mayo Court
Hollywood, FL 33021
Amadeo Bianchi, Sr.
12920 N.W. Miami Court
North Miami, FL 33168
Rick Pearce
Roadway Express
11301 N.W. 134th Street
Miami, FL 33178
Vince Hickman, Trustee
Teamsters Local Union 390
2940 N.W. 7th Street
Miami, FL 33125
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Leonard Alexander & Amadeo Bianchi
November 4, 1996
Page 1
Re: Election Office Case Nos. P-1123-LU350-SEC
P-1133-LU350-SEC
Gentlepersons:
Leonard Alexander & Amadeo Bianchi
November 4, 1996
Page 1
Related 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”) by Leonard Alexander and Amadeo Bianchi, Sr., members of Local Union 350, against Roadway Express (“Roadway”). Because of the related nature of these protests, they were consolidated by the Election Officer. In P-1123-LU350-SEC, Mr. Alexander alleges that on October 22, 1996, Roadway initiated a policy at its Miami terminal forbidding drivers from wearing campaign buttons when the drivers leave the terminal and are in contact with members of the public or Roadway customers. In P-1133-LU350-SEC, Mr. Bianchi alleges an identical Rules violation and states that Roadway’s October 22 policy is in violation of 15 years of the company’s past practice.
In response to these protests, Roadway states that it has always maintained a policy, which the company reissues annually, allowing employees “who are not in contact with the Company’s customers or the public” to wear campaign paraphernalia. Roadway states that when Terminal Manager Rick Pearce announced at the October 22 meeting the policy that employees who do have contact with the public cannot wear such paraphernalia, he was reiterating a long-standing Roadway policy. Mr. Pearce announced the after he noticed that employees were wearing campaign paraphernalia and posting campaign material on company vehicles.
These protests were investigated by Regional Coordinator J. Griffin Morgan.
The Election Officer interviewed members working at the Miami terminal. These employees stated that during the recent delegate election and in past local union officer elections, IBT members wore campaign material on their uniforms after leaving the terminal and when in contact with customers and members of the general public. The delegate election was held on February 6, 1996. They maintain that this practice has continued during the current election period.
Roadway maintains that the company has always had a policy against wearing campaign material on its uniforms. Roadway states that, if such activity occurred during the recent delegate or local union officer election, the company was unaware of that activity. This policy was reiterated on October 22 and a memo was issued after Mr. Pearce noticed that members were wearing campaign buttons and posting campaign material on company vehicles.
Two memorandums relevant to this protest were issued by the company in 1996. The first memorandum, dated January 1, 1996, is addressed to “All Roadway Express Employees.” The memorandum states:
Employees who are not in contact with the Company’s customers or the public may wear union election-related buttons, hats, etc. which are not vulgar or obscene; do not incite imminent violence; do not present a serious safety concern; and/or are not inflammatory, derogatory or defamatory of Roadway (or its officials).
Leonard Alexander & Amadeo Bianchi
November 4, 1996
Page 1
A memorandum dated October 21, 1996, and addressed to “All Employees” from Mr. Pearce, reiterated the prohibition against employees who have contact with the public from campaigning, as originally stated in the January 1 memorandum.[1]
Article VIII, Section 11(d) of the Rules states that “no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fundraising events or engage in similar activities on employer or Union premises.” The Advisory on Wearing of Campaign Buttons and Other Emblems (“Advisory”) issued by the Election Officer on September 20, 1995, states that “among the rights so protected by the Rules is the right of IBT members to wear campaign emblems on buttons, t-shirts or hats while working (citations omitted). The Advisory states further that:
[A] member’s right to wear campaign emblems, including buttons, t-shirts and hats, while on work time may be circumscribed by the member’s employer or the public at large. The employer may prevent the wearing of campaign emblems only where the prohibition is necessary to maintain production and discipline, safety or preventing alienation of customers. The basis for these limited exceptions is the right of the employer to prevent unrelated third parties from inappropriately assuming that the employer supports the political or campaign position advocated by the employee or the employee’s emblem.
(Citation omitted.)
Leonard Alexander & Amadeo Bianchi
November 4, 1996
Page 1
Here, the Election Officer finds that Roadway has a long-standing policy against employees wearing campaign buttons during the time that they are in contact with customers and members of the public. While the evidence establishes that IBT members employed by Roadway wore campaign buttons during the delegate election process, the Election Officer credits Roadway’s statement that it was not aware of these activities. When the company became aware of the campaigning, it took immediate action to stop these activities. Roadway’s actions were consistent with the Rules and the Election Officer’s Advisory.
In consideration of the foregoing, these protests are DENIED.
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
J. Griffin Morgan, Regional Coordinator
[1]The memorandum states in full:
It has come to my attention that employees have been applying bumper stickers to Roadway equipment advertising candidates for the upcoming IBT election. This practice must stop immediately. Roadway Express cannot and will not allow use of its equipment in this election. Our position in the election must be impartial.
Furthermore, Roadway Express employees who are not in contact with customers or the public have the right to wear campaign buttons, hats, etc. which are not obscene, vulgar or do not incite violence. Those employees in contact with the public, our drivers, are forbidden from wearing campaign paraphernalia while on the clock.
Violations of the above will result in disciplinary action up to and including discharge. If you have any questions, please feel free to see me.