November 2, 1998
VIA FIRST CLASS MAIL
Bob Hasegawa
November 2, 1998
Page 1
Bob Hasegawa
3121 16th Avenue S.
Seattle, WA 98144
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
And Lewis
1600 Market Street
Philadelphia, PA 19103
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Jon Rabine, President
Teamsters Joint Council 28
553 John Street
Seattle, WA 98109
Bob Hasegawa
November 2, 1998
Page 1
Re: Election Office Case No. PR-234-LU174-PNW
Gentlemen:
Bob Hasegawa, secretary-treasurer of Local Union 174 and a candidate for international vice-president on the Tom Leedham “Rank and File Power” 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 United Parcel Service (“UPS”). The protester alleges that UPS, at its Redmond, Washington, facility restricted the right of members to campaign by prohibiting employees who do not interact with customers from wearing campaign buttons and other paraphernalia during work hours.
Bob Hasegawa
November 2, 1998
Page 1
This protest was investigated by Regional Coordinator Christine M. Mrak.
On August 13, 1998, Don Scott, an IBT member, was approached by his Supervisor Don Carter who told him, “You can’t wear your Leedham button on the clock. You need to tell your Leedham people that.” Mr. Scott states that around the third week of August, UPS changed its policy to permit employees to wear campaign paraphernalia during work hours within the Redmond facility. Under this policy, employees have to remove the campaign paraphernalia when interfacing with customers.
In Dzilenski, PR-254-LU174-EOH (October 13, 1998), the Election Officer determined that another case involving the same UPS facility was resolved. There, UPS stated that the Election Officer’s decision in Krutchen, PR-205-LU705-NCE (September 8, 1998), aff’d, 98 - Elec. App. 377 (KC) (September 24, 1998) aptly describes the company’s nationwide approach to the issue of employees wearing campaign paraphernalia during work hours. In that decision, the Election Officer found that “UPS continues to observe its longstanding, strict dress and grooming code for UPS drivers and other employees who come in contact with the public . . . [and that] [t]his dress code includes a prohibition against wearing campaign paraphernalia, including union campaign buttons on UPS uniforms.” Krutchen at p.3. The Election Officer went on, however, to state that “[the fact] [t]hat UPS does not apply this policy to employees who do not interact with the public is consistent with the Rules.” (Emphasis added). Krutchen at p.6.
UPS allows all of its employees, at this facility and nationwide, to wear campaign paraphernalia while at work, as long as they remove it when they interact with customers. Furthermore, as stated in Dzilenski, upon being made aware of a violation of the campaign paraphernalia policy at its Redmond facility, UPS required the supervisors at that facility to immediately cease from improperly prohibiting the wearing of campaign paraphernalia and to comply with its policy as described in PR-205.
In these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint, as contained in this protest, has been addressed.
Accordingly, the protest is 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:
Bob Hasegawa
November 2, 1998
Page 1
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
Christine M. Mrak, Regional Coordinator