September 22, 1998
VIA FIRST CLASS MAIL
Kim A. Shanahan
September 22, 1998
Page 1
Kim A. Shanahan
727 Lockhaven Drive
Pacifica, CA 94044
Art Fisher, Security Manager
Fleming Foods
3771 Channel Drive
West Sacramento, CA 95691
Cliff Webb, Secretary-Treasurer
Teamsters Local Union 150
7120 E. Parkway
Sacramento, CA 95823
Jim O’Bra
Human Resources Director
Fleming Foods
3771 Channel Drive
West Sacramento, CA 95691
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-186-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 Fleming Foods. Ms. Shanahan alleged that on July 23, 1998, she and another Leedham supporter attempted to campaign and distribute leaflets in the employee parking lot at Fleming Foods facility in West Sacramento California. They were told to leave the property by a security official, later identified as Art Fisher.
Fleming Foods admitted that it asked the campaigners to leave and responded that the campaigners did not check in at the guard house.
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 Jim O’Bra, the Human Resources Director. Mr. O’Bra has now agreed that union members can campaign in the parking lot at the West Sacramento facility. Fleming would prefer, but does not require, that campaigners notify Mr. Art Fisher at (916) 373-4200 prior to coming to its property to campaign. Fleming requires all campaigners to check in at the guard house. Fleming stresses that campaigners comply with the Rules in that campaign activities in the employee parking lot take place on non-working time: when employees are coming and leaving work, and during lunch and break times. Fleming has requested that the gates to its facility not be blocked and that traffic not be disrupted. The protester has been advised that such access will be permitted.
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