IN RE: MICHAEL RUSCIGNO,
Michael Ruscigno, a member of Local 802, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election (" Rules") against A.P.A. Trucking Company ("APA").
The protester alleges that on August 3, 2000, APA improperly prevented Ruscigno and Local 805 member Alexandra Pope from "gathering accreditation petition signatures on behalf of the Tom Leedham slate from Local 560 members in the [APA] employees (sic) parking lot on 88 th and Tonelle" Avenue in North Bergen, New Jersey.
Ruscigno has been a full time business agent employed by Local 802 since 1996.
has an automobile provided by the local, and is allowed use of the vehicle for personal business.
decided to campaign on behalf of the Tom Leedham slate among employees of APA
in North Bergen, New Jersey.
Local 560 represents APA's
employees.  Before Ruscigno went to APA
asked an APA driver how to get access to the employee parking area.
The Teamster driver told him to contact "Joe Wallen", "Sal Petandia", or "Bert Treboard" (spelling of each name unknown).
On July 31, 2000, Ruscigno
and left his
beeper number and a message with Wallen's
secretary stating that he
desired access to APA's
employee parking lot for campaign purposes.
did not respond before Ruscigno's visit to the facility on August 3, 2000.
On that day, Ruscigno
arrived at APA
in his Local 802
vehicle at about 7:20 a.m.
He normally starts work for Local 802 at approximately 9:00 am.
On the morning in question, Ruscigno
and Pope waited until a vehicle opened the key card gate, and walked on to the property behind the vehicle before the gate shut.  They proceeded to the area of the picnic tables adjacent to the cafeteria, and began asking passing employees to sign petitions for the Leedham slate.
and Pope told Gutierrez that they were there with petitions for Leedham, and that they had "a right to be here.
gave Gutierrez a copy of the 1995 "Advisory on Limited Right of Access to Employer Premises.
asked Martin if he had read the Advisory, and said that the petitioners did not want to back up traffic at the truck gate.
At this point, Ruscigno
and Pope left APA property.
At the fence, a worker told Ruscigno
that there was another employee parking lot on 85th street, and that the petitioners were "missing half the people.
went to that area, observed another controlled employee parking area, saw clerical employees (not in the Teamster bargaining unit) entering another employee entrance, and returned to 88th Street.
Nor is there any evidence that Ruscigno's
and Pope's presence in the APA employee parking lot interfered with or disrupted APA's
operations in any way.
42 B2 W. 23rd Street
Bayonne, NJ 07002
has leafleted outside the gate during the past year.
About one year ago, he
was removed from APA property by management while distributing the Teamsters for a Democratic Union publication Convoy Dispatch