December 4, 1996
VIA UPS OVERNIGHT
Reyna Guerrero
December 4, 1996
Page 1
Reyna Guerrero
1628 Trinao Way
Ceres, CA 95307
Patterson Frozen Foods, Inc.
100 W. Las Palmas
Patterson, CA 95363
David Montoya, Secretary-Treasurer
Teamsters Local Union 748
1222 I Street
Modesto, CA 95354
Reyna Guerrero
December 4, 1996
Page 1
Re: Election Office Case No. P-1315-LU748-CSF
Gentlepersons:
Reyna Guerrero, a member of Local Union 748, 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”) alleging that she was suspended by her employer, Patterson Frozen Foods (“Patterson”) in Patterson, California, following threats on several occasions “because of [her] campaign activities supporting General President Ron Carey.” She also alleges that other employees have been threatened for supporting Mr. Carey. Ms. Guerrero further alleges that Local Union 748 Secretary-Treasurer David Montoya “is somehow involved in these unjust actions against our people.”
Patterson responds that it suspended Ms. Guerrero indefinitely after she allegedly created a disturbance on a day when Patterson was expecting a prospective customer to tour the facility and had posted notices calling for heightened decorum. Patterson converted Ms. Guerrero’s suspension into a termination two days after Ms. Guerrero filed this protest.
Mr. Montoya denies any involvement by himself or Local Union 748 in Ms. Guerrero’s suspension and subsequent termination. He states that the local union has filed a grievance on Ms. Guerrero’s behalf.
This protest was investigated by Regional Coordinator Matthew D. Ross.
Reyna Guerrero
December 4, 1996
Page 1
The Election Officer has determined to defer her decision in this matter until the conclusion of the grievance procedure pursuant to the collective bargaining agreement. Pursuant to the Rules, the Election Officer has jurisdiction and authority to determine Ms. Guerrero’s protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by any findings of fact and conclusions of law made during the grievance procedure. See Golubovic, P-025-LU710-CHI (July 21, 1995); Star Market, P-760-LU25-ENG, aff’d, 91 - Elec. App. - 187, aff’d, U.S. v. IBT, 776 F. Supp. 144, aff’d, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such independent investigation. Ms. Guerrero is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the collective bargaining agreement.
Accordingly, the protest is DEFERRED.
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, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Matthew D. Ross, Regional Coordinator