October 20, 1998
VIA FIRST CLASS MAIL
October 20, 1998
Page 1
Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Becky Edwards
Personnel Director
Albertson’s Inc.
2780 Tower Road
Aurora, CO 80011
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
October 20, 1998
Page 1
Re: Election Office Case No. PR-323-LU206-EOH
Gentlepersons:
Stefan Ostrach, a member of Local Union 206, 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 Albertsons, Inc. The protestor alleged that on October 6, 1998, he attempted to campaign and to distribute leaflets in the employee parking lot at the Denver Distribution Center of Albertsons, Inc. located at 2780 Tower Road, Aurora, Colorado, and that Albertsons denied him access, in violation of the Rules.
Albertsons does not dispute the allegations; it contends that it did not know at the time that the Rules for the 1995-1996 election were in effect during the International officers Rerun Election that is currently being conducted.
The protest was investigated by Protest Chief Mary E. Leary.
October 20, 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 to 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 Protest Chief discussed the denial of access with Albertsons’ Director of Labor Relations for the Rocky Mountain Area. Albertsons has now agreed that candidates and IBT members can campaign in the employee parking lots at its Denver Distribution Center, located at 2780 Tower Road, Aurora, Colorado, during the duration of the International officer Rerun Election.
Based on the above, 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, D.C. 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