October 19, 1998
Robert F. McNattin
October 19, 1998
Page 1
George Saavedra
845 Thetford Place
Fairfield, CA 94533
Scott Jardine, Manager
Albertson’s Food & Drug Stores
Distribution Center
9999 Neblick Drive
Roseville, CA 95678
Allan Richards
Labor Relations Representative
Albertsons, Inc.
250 Parkcenter Blvd.
Box 20
Boise, ID 83726
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
Linda Cook, HR Director
Albertson’s Food & Drug Stores
Distribution Center
9999 Niblick Drive
Roseville, CA 95678
Ken Mee
42356 Greenbrier Park Drive
Freemont, CA 94538
Robert F. McNattin
October 19, 1998
Page 1
Re: Election Office Case No. PR-326-LU490-EOH
Gentlemen:
George Saavedra, a member of Local Union 490, 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 and Ken Mee, a candidate for Western Region Vice-President on the Leeham Rank and File Power Slate attempted to campaign and to distribute leaflets in the employee parking lot at the Albertsons, Inc. facility located at 9999 Niblick Drive, Roseville, California, and that Albertsons denied them access, in violation of the Rules.
Robert F. McNattin
October 19, 1998
Page 1
Albertsons contends that Mr. Mee brought a large truck with him into the lot and was asked to park the truck out on the street. Albertsons also contends that it was unaware that the Rules for the 1995-1996 election had been extended to the International Officer Rerun Election which is currently being conducted.
The protest was investigated by Protest Chief Mary E. Leary.
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 right to leaflet and campaign is a personal right to meet and to speak with members and to personally pass out leaflets; however, it does not extend to the right of access to trailers, tents or any other vehicles for campaigning. See Young, P-266-IBT-SCE (January 4, 1996) and Mee, P-835-IBT-CLA (July 18, 1996).
The Protest Chief discussed the denial of access with the labor relations representative for the Roseville, California facility. Albertsons has now agreed that candidates and union members can campaign in the employee parking lot at it 9999 Niblick Drive, Roseville, CA facility 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
Robert F. McNattin
October 19, 1998
Page 1
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