November 12, 1998
VIA FIRST CLASS MAIL
Matt Latzo
November 12, 1998
Page 1
Matt Latzo
9608 Hastings Drive
Columbia, MD 21046
Human Resources Director
J.P. Food Service Inc.
8024 Telegraph Road
Severn, MD 21144
Matt Latzo
November 12, 1998
Page 1
Re: Election Office Case No. PR-379-LU355-EOH
Gentlepersons:
Matt Latzo, a member of Local Union 355, 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 U.S. Food Service. Mr. Latzo alleges that on Wednesday, October 4, 1998, he attempted to campaign and to distribute leaflets for Tom Leedham, a candidate for general president in the International Officers Rerun Election in the employee parking lot at the U.S. Food Service facility, 8024 Telegraph Road, Severn, Maryland, and that he was denied access, in violation of the Rules.
U.S. Food Service 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.
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.
Matt Latzo
November 12, 1998
Page 1
The Protest Chief discussed the denial of access with U.S. Food Service’s Human Resources Generalist Mary Fran Errigo who sent a letter stating “that campaigning may, for this election, be conducted in our employee parking lot.”
Since U.S. Food Service has now agreed that candidates and IBT members can campaign in the employee parking lots at its Severn, Maryland facility during the duration of the International Officer Rerun Election, 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