September 22, 1998
VIA FIRST CLASS MAIL
Kim A. Shanahan
September 22, 1998
Page 1
Kim A. Shanahan
727 Lockhaven Drive
Pacifica, CA 94044
Sharon Hale, Vice-President of Distribution
Crystal Creamery
8340 Belvedere
Sacramento, CA 95814
Cliff Webb, Secretary-Treasurer
Teamsters Local Union 150
7120 E. Parkway
Sacramento, CA 95823
Katie Brownlee
Human Resources Director
Crystal Creamery
8340 Belvedere
Sacramento, CA 95814
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Kim A. Shanahan
September 22, 1998
Page 1
Re: Election Office Case No. PR-185-LU856-PNW
Gentlepersons:
Kim Shanahan, a member of Local Union 856 and a candidate for International office on the Tom Leedham “Rank and File Power” Slate (“Leedham Slate”), 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”) against Crystal Creamery. Ms. Shanahan alleged that on July 21, 1998, she and another Leedham supporter attempted to campaign and distribute leaflets in the employee parking lot at Crystal Creamery in Sacramento, California. They were told to leave the parking lot by Sharon Hale, Vice President of Distribution, in violation of the Rules.
Crystal Creamery does not dispute the allegations. They state that on the date of the incident, Crystal Creamery was not aware of the Rules.
The protest was investigated by Adjunct Regional Coordinator Paige Keys.
Kim A. Shanahan
September 22, 1998
Page 1
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 working time and candidates and their supporters cannot solicit or campaign to employees who are on working time. It is also restricted to campaigning that will not materially interfere with an employer’s normal business activities. An employer may require reasonable identification.
The Adjunct Regional Coordinator discussed the denial of access with Katie Brownlee, the Human Resources Director. Ms. Brownlee has now agreed that union members can campaign in the parking lot at the Crystal Creamery's Sacramento, California facility. Brownlee would prefer, but does not require, that campaigners call ahead so she can notify security. Her number is (916) 444-7200 and she can be paged. If one does not call in advance, for access during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Friday), one can use the telephone inside the visitor’s booth to call the receptionist. For access outside normal business hours (weekends and graveyard shift), one should use the telephone in the visitor’s booth; however, a receptionist is not on duty 24 hours per day. Therefore, advance notice is recommended after hours to enable notification of security who can allow access and advise of shift changes or periods when workers may not be not be at the facility, i.e. when only two of three shifts are operating.
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,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Paige Keys, Adjunct Regional Coordinator