Protest Decisions

              November 18, 1996

VIA UPS OVERNIGHT

Gordy Teller

November 18, 1996

Page 1

Gordy Teller

c/o Teamsters Local Union 174

553 John Street

Seattle, WA  98109

Norm Ebby

Safeway Distribution Center

1121 124th, N.E.

Bellevue, WA  98005

Safeway, Inc.

4th & Jackson Street

Oakland, CA  94660

Ron Carey Campaign

c/o Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

Gordy Teller

November 18, 1996

Page 1

Re:  Election Office Case No. P-1158-LU174-PNW

Gentlemen:

Gordy Teller, a member of Local Union 174, 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 Safeway, Inc. (“Safeway”) is allowing the display of Hoffa campaign bumper stickers at the Safeway Distribution Center in Bellevue, Washington, in violation of the Rules.  Specifically, Mr. Teller states that on October 27, 1996, he saw Hoffa bumper stickers outside a supervisor’s office and that when he returned the next day with Local Union 174 member Kirk Stephenson in order to take pictures of the stickers, they were ordered off the premises by Safeway Supervisor Norm Ebby.

Gordy Teller

November 18, 1996

Page 1

Safeway responds that the office where the bumper stickers were posted is in the receiving clerk’s work area.  The employer states that it has always allowed employees to post personal items in their work areas, including campaign materials and family photos.  The employer states that Mr. Ebby is a “bargaining unit lead,” not a supervisor, and that he ejected Mr. Teller from the area because he is not an employee and was not authorized to be on Safeway property.

The Hoffa campaign was served with a copy of the protest but did not respond.  There is no evidence that the Hoffa campaign took any action.

Regional Coordinator Christine M. Mrak investigated this protest.

Mr. Teller states that he entered the Safeway Distribution Center on October 27, 1996, in order to campaign.  Mr. Teller states that he saw five Hoffa bumper stickers displayed on two windows and a door to an office island in the warehouse.  There were two signs on each window facing the warehouse and one on the door.  When Mr. Teller asked who the office belonged to, a clerical employee told him that it was a supervisor’s work area.

Mr. Teller states that he returned to the Safeway Distribution Center on October 28, 1996 with Mr. Stephenson to take pictures of the Hoffa stickers.  Mr. Ebby, who Mr. Teller states described himself as a “Teamster Supervisor,” told Messrs. Teller and Stephenson to leave. 

Mr. Teller states that he informed Mr. Ebby that the stickers were in violation of the Rules, but states that Mr. Ebby simply reiterated that they should leave the area.

Safeway admits that the campaign stickers complained of are posted in its warehouse.  It further states that it permits the posting of personal items such as family photographs and union stickers and considers campaign materials to fall into that category.

Safeway states that the office island in the warehouse which had the Hoffa campaign stickers is the bargaining unit receiving clerk’s work area and that Mr. Ebby is a bargaining unit lead, not a supervisor.  Safeway states that it does not have a stake in the International officer election process and is willing to abide by any decision of the Election Officer.

Article VIII, Section 11(a) of the Rules guarantees the right of union members “to participate in campaign activities, including the right to . . . support or oppose any candidate, [and] to aid or campaign for any candidate.”  However, the Election Officer has held that this protection “does not extend to affixing campaign material to property that belongs to an employer.”  Aguilar, P-1080-LU848-CLA (October 31, 1996); Hoffa, P-1048-LU572-CLA (November 1, 1996).  As the Election Officer stated in Phelan, P-711-LU550-NYC (April 23, 1996), aff’d, 96 - Elec. App. - 184 (KC) (May 6, 1996), “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.”  

Gordy Teller

November 18, 1996

Page 1

In a series of recent cases, the Election Officer has held that the affixing of campaign stickers to employer trucks has the effect of causing the employer to make an improper campaign contribution, in violation of Article XII, Section 1(b)(1) of the Rules.[1]  See Eckstein, P-1157-LU641-PNJ (November 6, 1996); Feeley, P-874-LU817-MGN (September 17, 1996); Maney,

P-956-IATSE-NYC et seq. (October 2, 1996), aff’d, 96 - Elec. App. - 251 (KC) (October 15, 1996); Knox, P-1006-SFD-MGN (October 14, 1996); Knox, P-1046-LU337-MOI et seq. (October 30, 1996).  The Election Officer has found that the placement of stickers on employer property can also create a false impression of employer endorsement, which would be another form of an improper campaign contribution. 

Furthermore, under Article XII, Section 1(b)(9) of the Rules, International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.”  Therefore, the placement of campaign material on employer property results in a violation of the Rules on the part of the candidate who the member intends to support.

The Election Officer finds that the placement of the Hoffa campaign stickers inside the Safeway warehouse violated the Rules.   The Election Officer further notes that Safeway has agreed to abide by the Rules, to ensure that campaign material will be promptly removed from its property, and to prevent future occurrences.

For the foregoing reasons, the protest 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.

With respect to the role of International officer campaigns, the Election Officer has recently reaffirmed that “International officer candidates and slates have an obligation to take reasonable steps to ensure that their campaign materials are not affixed improperly to private property . . .”  Sweeney, P-1058-LU807-NYC (October 28, 1996); Willett, P-863-LU331-PNJ (August 16, 1996).  Thus, “[t]he Election Officer expects International officer campaigns, when they receive notice of protests involving campaign material improperly affixed to employer property, to take their share of responsibility for ensuring that such materials are removed promptly.”  Sweeney, P-1029-RCS-NYC et seq. (October 28, 1996).  There is no evidence that the Hoffa campaign took any action with respect to this protest.  The Election Officer expects the International officer campaigns to take affirmative steps to remedy instances of improper posting.

The Election Officer orders the following:

Gordy Teller

November 18, 1996

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1.  Safeway shall cease and desist from permitting the posting of campaign materials on its property and shall ensure that all campaign materials are immediately removed from its warehouse.

2.  Safeway shall post the attached “Notice to All Safeway Employees” on bulletin boards at its Distribution Center in Bellevue, Washington within two (2) days of receipt of this decision.  The notice shall remain posted until December 10, 1996 and shall not be covered or obstructed in any manner.

3.  Within three (3) days of the completion of this posting, Safeway shall submit an affidavit to the Election Officer demonstrating compliance with this order.

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

Christine M. Mrak, Regional Coordinator

              NOTICE TO IBT MEMBERS EMPLOYED AT

SAFEWAY DISTRIBUTION CENTER IN BELLEVUE

              RE:  IMPROPER USE OF EMPLOYER PROPERTY

The IBT Election Officer found that International officer campaign material cannot be posted at this facility.

The Election Rules protect campaigning as a personal right of members.

Employer resources or property do not belong to members and cannot be used by them to campaign.

Putting International officer campaign material on employer property, including on employer property in your work area inside the warehouse, violates the Election Rules. 

You are hereby instructed to stop such activity.

_________________________                             ___________________________

Date                                                                                                  Frank Jorgensen

Labor Relations Manager

This is an official notice which must remain posted through December 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.

Approved by Barbara Zack Quindel, IBT Election Officer.