November 21, 1996
VIA UPS OVERNIGHT
Richard Meyer
November 21, 1996
Page 1
Richard Meyer
1570 Flicker Drive
Florissant, MO 63031
Todd Nullmeyer
Roadway Express
205 Soccer Park Road
Fenton, MO 63026
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Barbara J. Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Richard Meyer
November 21, 1996
Page 1
Re: Election Office Case No. P-1226-LU600-MOI
Gentlepersons:
Richard Meyer, a member of Local Union 600, 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”). The protester alleges that on Friday, November 8, 1996,
Tom Nullmeyer, senior assistant terminal manager for Roadway Express in St. Louis, Missouri, removed Hoffa campaign postings from poles on the street adjacent to Roadway’s property. The protester asserts that on the following day, November 9, the Hoffa signs had been replaced by Carey campaign postings. The protester argues that based on the alleged removal of the Hoffa postings by Mr. Nullmeyer, Roadway Express has improperly participated in the International officer election, in violation of the Rules.
The protest was investigated by Regional Coordinator Michael D. Gordon.
The investigation confirmed that Mr. Nullmeyer removed campaign postings from poles located on the public thoroughfare surrounding the Roadway Express facility.
Richard Meyer
November 21, 1996
Page 1
The Election Officer has found that the posting of campaign signs and other materials in the public right-of-way is not protected by the Rules. Hoffa, P-1034-JC1-CLE (October 17, 1996); Braga, P-795-LU439-CSF (June 19, 1996). The Rules, at Article VIII, Section 11(a), protect the right of union members to distribute literature and solicit support for candidates outside a meeting hall. Article VIII, Section 11(d) authorizes union members to use employer or union bulletin boards for campaign publicity, assuming that a pre-existing right has been established. That same section permits the distribution of campaign literature at campaign events occurring on employer or union premises when such activity has previously been allowed. A right to distribute campaign literature at an employer parking lot is available, within certain limitations, under Article VIII, Section 11(e) of the Rules.
The Rules, however, do not grant any right to distribute, post or receive campaign material at any other locations. “Union members who choose to post campaign materials on public utility poles or public signs existing along public streets or sidewalks are not engaging in conduct which is either protected or sanctioned by the Rules.” Hoffa; Braga. For the same reason, tearing down signs which have been posted on public utility poles, or other structures
in the public right-of-way, is not within the jurisdiction of the Rules. Therefore, neither
Mr. Nullmeyer nor Roadway Express violated the Rules with such conduct.
Accordingly, the protest is 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
Michael D. Gordon, Regional Coordinator