OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: ROGER OLIVAS, ) Protest Decision 2021 ESD 44
) Issued: January 15, 2021
Protestor. ) OES Case No. P-052-011321-FW
____________________________________)
Roger Olivas, member of Local Union 439, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that the local union’s delegates and alternate delegates election plan summary was not posted on all union bulletin boards, as required by the Rules.
Election Supervisor representative Deborah Schaaf investigated this protest.
Findings of Fact and Analysis
The Election Supervisor approved Local Union 439’s proposed local union election plan for its delegates and alternate delegates election on October 8, 2020. Pursuant to Article II, Section 4(h) of the Rules, Local Union 439’s secretary-treasurer was required to post the plan summary on all local union bulletin boards within seven days of receipt of the approved plan and “maintain such posting through the entire delegate nomination and election period.” On October 15, 2020, Ken Guertin, at that time the local union secretary-treasurer, submitted a declaration of posting of the plan summary to OES, listing each local union bulletin board on which the document was posted and the union representative who posted it.
The nominations meeting for Local Union 439’s delegates and alternate delegates election is scheduled for February 17, 2021. If the number of candidates for either position exceeds the number to be elected for that position, an election will be required, and ballots will be mailed March 29 and counted April 15, 2021.
The local union officers election held in Fall 2020 resulted in a change of local union leadership. The new officers assumed office effective January 4, 2021. Protestor Olivas, formerly the local union vice president, filed the instant protest, alleging that the plan summary was removed from the union board in the UPS Lathrop feeder department after the change of officers. Photographic evidence substantiated that the summary was not posted on the locked board at the time the photo was taken.
Investigation identified no other bulletin board where the plan summary was no longer posted. Further, current local union representatives denied removing or directing removal of the plan summary. Counsel to the local union told our investigator that he had not discussed the delegates and alternate delegates election with current leadership by the time the protest was filed or advised them of the need to maintain the posting of the summary. We conclude on these facts that the removal of the plan summary from Lathrop feeder board was inadvertent.
To resolve the protest, current local union representatives committed to repost the plan summary to the Lathrop feeder board by the date this decision issued. In addition, each union bulletin board will be inspected in the next 2-3 weekdays, when notice of the nominations meeting is posted[1], and local union representatives committed that the plan summary will be reposted to any board that at that time lacks it.
On this basis, we deem this protest RESOLVED.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 44
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Roger Olivas
Romp1422@comcast.net
Teamsters Local Union 439
Sal Lomeli
sal@teamsters439.com
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com
[1] The notice of nominations meeting must be mailed to members and posted on union bulletin boards at least 21 days before the nominations meeting. Article II, Section 5(d). Local Union 439 mailed the notice in a joint council newsletter on January 4 and will post the notice on union bulletin boards during the week of January 18.