IN RE: ALVARO QUINONES and DENNIS DICATALDO
Protest Decision 2001 EAD 170
Issued: February 16, 2001
OEA Case Nos. PR020612ME and PR020613ME
Alvaro Quinones and Dennis DiCataldo, Local 115 members and delegate candidates, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). They allege that the Local 115 Members slate improperly used a photograph belonging to the local union in flyers attacking their candidacy. DiCataldo also alleges that a Rules violation has occurred because the flyer attacking his candidacy contained confidential information about him obtained from the Local 115 Legal Fund.
Election Administrator representative William B. Kane investigated the protest.
Findings of Fact
Quinones and DiCataldo each found flyers attacking their candidacy and their slate, the Teamsters United slate. The flyers attacking Quinones contained a copy of part of a photograph of the candidate with John Morris, a former Local 115 secretary-treasurer who was removed from office. The photo with Quinones was originally given directly by Quinones to Morris more than two years ago. Quinones had not seen the picture again until the flyer. The flyer against DiCataldo contained a photograph of DiCataldo and his wife with Morris. This photo was taken about four years ago.
When he was Local 115's secretary-treasurer, Morris often had his picture taken with members. Along with the photos taken with Quinones and DiCataldo, Morris had photos taken with hundreds, if not thousands, of Local 115 members and kept these photos at the union hall. All local union staff members had access to the photos while Morris was secretary-treasurer. In addition, Local 115 members who participated in the transition when Morris was removed from office may have had access to the photos for a brief period.
Our investigator spoke with Jim Smith, a Local 115 business agent who heads the 115 Members slate. Smith's position as business agent allows him access to Local 115's files. Smith denies any participation in or knowledge regarding the preparation, printing or circulation of the flyers. He likewise denies that the 115 Members slate had anything to do with the flyers. Neither Quinones nor DiCataldo have proffered any evidence connecting the photos or the flyers to any Local 115 Members slate candidate or supporter. We, therefore, credit Smith's statement.
With respect to DiCataldo's additional claim that the Local 115 Legal Fund released confidential information, our investigator found no such evidence. DiCataldo informed the fund and various third parties about his bankruptcy. In addition, DiCataldo filed publicly for bankruptcy. We find that the Legal Fund did not release confidential information to the Members First slate and that DiCataldo did not keep his bankruptcy confidential.
Analysis
A valid protest must rest upon more than unsupported speculation. The protestors have provided no evidence linking the Local 115 Members slate to the photographs or the flyers at issue. Likewise, DiCataldo offered no evidence that the Local 115 Legal Fund improperly released any information concerning his bankruptcy, which is a matter of public record.
We cannot assume that one party has violated the Rules solely because a protestor believes this to be the case. Accordingly, we DENY both protests.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 170
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Jim Smith
IBT Local 115
2833 Cottman Ave.
Philadelphia, PA 19149
Alvaro Quinones
8362 Holman Ave.
Pennsauken, NJ 08110
Dennis DiCataldo
2640 Fernwood Ave.
Roslyn, PA 19001
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146