December 5, 1996
VIA UPS OVERNIGHT
Gordy Teller
December 5, 1996
Page 1
Gordy Teller
Teamsters Local Union 174
553 John Street
Seattle, WA 98109
Wendy Russ
Systi-Matic
12530 135th Avenue, N.E.
Kirkland, WA 98034
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Gordy Teller
December 5, 1996
Page 1
Re: Election Office Case No. P-1260-LU117-PNW
Gentlepersons:
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 on November 15, 1996, he was improperly prohibited from campaigning in the lunch room at Systi-Matic in Kirkland, Washington, after a Local Union 117 business agent had campaigned there earlier in the week. He further states that he is a supporter of General President Ron Carey and the business agent is a supporter of James P. Hoffa.
Systi-Matic responds that it is not opposed to campaigning in its lunch room, as long as campaigners check in first, are polite and do not deface employer property. With respect to ejecting Mr. Teller, Systi-Matic responds that it did so after Mr. Teller was rude and had defaced property.
This protest was investigated by Regional Coordinator Christine M. Mrak.
Gordy Teller
December 5, 1996
Page 1
The investigation revealed that Mr. Teller’s visit to Systi-Matic on November 15, 1996, was his second campaign visit to the facility. On his first trip, he was accompanied by Local Union 227 member Ed Chalfant. Mr. Teller states that he went to Systi-Matic’s lunch room and began taping campaign material to the walls. Local Union 117 Business Agent
Jeff Alfieri was in the facility at the time and met Mr. Teller in the lunch room. Mr. Teller alleges that Mr. Alfieri began “screaming” at him not to post campaign material and saying that there were ongoing problems with bulletin board use in the facility, which Mr. Teller states he did not believe. Mr. Alfieri states that he told Mr. Teller that Systi-Matic has a check-in policy for persons wanting to campaign in the lunch room and that, due to company sensitivity about postings, he only leaves material on the tables.
It is undisputed that Human Resources Representative Wendy Russ entered the lunch room and told Mr. Teller about the check-in policy. Mr. Teller alleges that she also told him that he could post material in the lunch room. In any event, Messrs. Teller and Chalfant then went to the employee parking lot and left campaign material on cars. Systi-Matic states that Mr. Teller’s leaflets caused a significant litter problem in the parking lot, which cost the employer $100 to clean up.
Between Mr. Teller’s first and second visits to Systi-Matic, Mr. Alfieri admits going to the facility on one occasion for the sole purpose of campaigning with employees during their lunch break. Mr. Alfieri states that he checked in with the employer as usual but did not say that he was there only to campaign. However, he states that he did make his purpose clear to Plant Manager Mike Downing.
Mr. Teller returned to Systi-Matic on November 15 at approximately 11:00 a.m. When he checked in, he was informed by Ms. Russ that he could not enter the facility.
Ms. Russ offered, however, to post material for him in the lunch room. He gave two pieces of campaign literature to her. Mr. Teller then went to the parking lot to put material on
cars. While in the lot, he spoke with another member, who told him about Mr. Alfieri’s campaigning noted above.
Mr. Downing approached Mr. Teller in the lot and objected to his putting campaign material on cars, stating that people throw such material on the ground. Mr. Teller states that he replied that it was not his fault if others littered. At that point, Mr. Downing suggested that Mr. Teller take his literature into the lunch room, where they went together. Mr. Teller alleges that he saw Ms. Russ “peeking around a door” as he and Mr. Downing were talking.
In the lunch room, Mr. Teller states that the literature he had given to Ms. Russ had not been posted and that the bulletin board was full of pro-Hoffa literature. Mr. Teller states that he asked to be able to post his campaign material, to which Mr. Downing replied that the bulletin board was for company business. Mr. Teller alleges that he then pointed out the Hoffa material, at which point Mr. Downing “turned red and angry” and posted two pieces of Mr. Teller’s literature. Mr. Teller started to put literature on the tables.
Gordy Teller
December 5, 1996
Page 1
At that point, Mr. Teller alleges that Systi-Matic Vice President Greg Shilly entered the lunch room and accused him of using derogatory language to Ms. Russ. Mr. Teller denied it and the ensuing argument resulted in Mr. Shilly instructing Mr. Teller to leave. Mr. Teller alleges that Mr. Downing walked him to the parking lot and said, “Get out,” to which
Mr. Teller replied, “I’ll leave when I’m done papering the lot.”
After Mr. Downing left, Mr. Teller states that he re-entered the building and attempted to talk to Ms. Russ, who refused to see him. Mr. Teller further states that he spoke with the receptionist, who said that she did not hear the remark that Mr. Teller was accused of making, but she did not want to get involved.
On this record, the Election Officer finds that Systi-Matic has developed a practice of permitting non-employees to campaign in its lunch room, as long as campaigners check in, maintain decorum and do not deface property. Such a practice is protected under Article VIII, Section 11(d) of the Rules as a “preexisting right,” which “shall be made available to all candidates and members on a nondiscriminatory basis.”
The Election Officer further finds that Systi-Matic was justly concerned about the scope and manner of Mr. Teller’s campaigning. On his first visit, Mr. Teller taped campaign material to the lunch room walls, which is not protected by the Rules or Systi-Matic’s practice. Mr. Teller also placed campaign literature on cars in the employee parking lot and caused a litter problem for Systi-Matic that the company had to clean up at its own expense. As the Election Officer has stated on several occasions, the limited right under the Rules to campaign in employee parking lots does not extend to putting material on cars, partly due to the litter problem that results. See, e.g., Edmundson, P-1173-LU741-PNW (November 22, 1996); Terrazas, P-1097-LU936-RMT (November 7, 1996); Maxwell, P-731-LU24-CLE (April 25, 1996).
On Mr. Teller’s second visit to Systi-Matic, the Election Officer finds that the employer did not violate the Rules when it barred him from the lunch room due to his prior behavior, and instead offering to post material in the lunch room for him.[1] In any event, Systi-Matic did permit Mr. Teller to campaign in the lunch room after Mr. Downing intercepted him from leafleting cars again.
With respect to Systi-Matic’s charge that Mr. Teller was verbally abusive to Ms. Russ, the Election Officer finds insufficient evidence. The Election Officer notes, however, that
Mr. Teller subsequently continued the unprotected activity of leafleting cars and then re-entered the building that he had been asked to leave.
Gordy Teller
December 5, 1996
Page 1
In this circumstance, the Election Officer finds that Systi-Matic had sufficient cause to eject Mr. Teller from the premises for abusing the right-of-access that the company had created. In the last days of the International officer election, the Election Officer will enforce Systi-Matic’s policy of allowing access and will expect Mr. Teller, if he returns, to abide by it and other provisions of the Rules.
For the foregoing reasons, 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
Christine M. Mrak, Regional Coordinator
[1]The Election Officer notes Mr. Teller’s statement that he did not find his literature in the lunch room when he got there some minutes later. There is no evidence on this record that Ms. Russ would not have posted Mr. Teller’s literature in a reasonable time.