November 2, 1998
VIA FIRST CLASS MAIL
Eric Jorgensen
November 2, 1998
Page 1
Eric Jorgensen
2717 N. River Road
Waterford, WI 53185
Jay Saksinski, Office Manager
Consolidated Freightways
401 W. Layton Avenue
Milwaukee, WI 53207
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Acenue, 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
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Arthur Hackworth, Esq.
Consolidated Freightways
175 Linfield Drive
Menlo Park, CA 94025
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz
Kennedy, Schwartz & Cure, P.C.
113 University Place
New York, NY 10003
Eric Jorgensen
November 2, 1998
Page 1
Re: Election Office Case No. PR-325-LU200-NCE
Gentlemen:
Eric Jorgensen
November 2, 1998
Page 1
Eric Jorgensen, a member of Local Union 200, 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 Bruce Demitros. Mr. Demitros is the terminal manager for a Consolidated Freightways facility located in Milwaukee, Wisconsin. Mr. Jorgensen alleged that Mr. Demitros infringed on the pre-existing rights of workers to campaign in the facility by prohibiting the posting of campaign materials inside the terminal. Additionally, the protester alleged that Mr. Demitros made election-related remarks which inhibited his right to engage in campaign activities. Mr. Demitros admits that he posted a notice prohibiting the display of campaign material on terminal property but denies that he made any statement designed to restrict the protester in the exercise of campaign activity.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
The investigation produced insufficient evidence to support the allegation that
Mr. Demitros made any statements which restricted the ability of the protester to engage in campaign activities. The notice which Mr. Demitros admitted posting on September 25, 1998, provided that :
Any employee observed posting election or political posters, publications, newspaper articles, etc. on CF property will be terminated. There are assigned boards for union business postings; however, these are not to be used for posting election advertisements.
At the request of the Election Officer’s representative, Mr. Demitros withdrew the protested notice and posted the following in its place:
This memo will revise and supersede my September 25, 1998 memo concerning union/political postings. Union election or political posters, publications, newspaper articles, etc. may be posted by employees in the following places:
1. On the unlocked general-purpose employee bulletin boards in the line-haul break room, the shop break room, the inbound dock break room and the outbound dock break room; and
2. On employee lockers.
Any employee observed posting union election or political materials in other locations on CF property will be appropriately disciplined. There are assigned boards for union business postings; however, these are not to be used for posting election advertisements.
The protester agrees that the replacement notice accurately reflects the current past practice regarding the posting of campaign material at the terminal and, in consideration of the posting of the new notice, further agreed to withdraw his protest. However, no withdrawal letter from the protester has been received.
Eric Jorgensen
November 2, 1998
Page 1
Based on the foregoing, the protest is deemed 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, 444 North Capitol Street, NW, Suite 445, 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
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator