November 22, 1996
VIA UPS OVERNIGHT
Clifford T. Chentnik
November 22, 1996
Page 1
Clifford Chentnik
N3066 Apricot Road
Lake Geneva, WI 53147
Mike McMames
Cassens Transport Company
3060 U.S. Route 20
Belvedere, IL 61008
Joe M. Clark, Dir. of Labor Relations
Cassens Transport Company
13475 Eldon Avenue
Detroit, MI 48234
Clifford T. Chentnik
November 22, 1996
Page 1
Re: Election Office Case No. P-1222-LU325-CHI
Gentlemen:
Clifford T. Chentnik, a member of Local Union 325, 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 Cassens Transport (“Cassens”) violated the Rules on November 8 when it refused to permit International officer candidate Lorelei Anderson,
Ken Townsend, Ron Rawes and Mr. Chentnik to distribute campaign material on behalf of
Ron Carey in its Belvedere facility employee parking lot. Mr. Chentnik also alleges that he and Gene Bond were denied permission to campaign in the Belvedere employee parking lot on November 11, 1996, in violation of the Rules. Mr. Chentnik also alleges that Cassens’ actions violated other labor laws.
Cassens admits that it did not permit Mr. Chentnik access to its employee parking lot.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Clifford T. Chentnik
November 22, 1996
Page 1
The protester alleges that he was denied access to campaign in employee parking lots at Cassens on two occasions. Cassens Terminal Manager Mike McMames confirmed that campaigners were not allowed on Cassens’ property based on a company policy designed to maintain neutrality. Cassens’ no-campaigning policy was also confirmed by Cassens Director of Labor Relations Joe Clark.
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 Mr. Clark and, following Mr. Clark’s consultation with Cassens’ legal counsel, Cassens has now agreed to permit access to its parking lot for campaigning. The protester has 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