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IN RE: LUCIO REYES and JUANLUCIO REYES, Protestors. Lucio Reyes, principal officer of Local Union 601 and candidate for International office, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Rome Aloise and Ron Horner used union resources to support the Hoffa campaign. Juanlucio Reyes, member and business agent of Local Union 601, filed a separate pre-election protest alleging that Rome Aloise and Ormar Locklear used union resources to support the Hoffa campaign. These protests were consolidated for investigation, and Election Supervisor representatives Chris Mrak, Rochelle Goffe, and Michael J. Miller investigated them. Findings of Fact and Analysis Lucio Reyes made the following allegations:
Juanlucio Reyes made the following allegations:
Both protests are dated July 14, 2010 but were not filed until July 20. Article XIII, Section 2(b) of the Rules requires that pre-election protests “be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.” For activity alleged to have occurred before the effective date of the Rules, Article XIII, Section 2(a) requires that a protest be filed within 30 days of the date the Rules were issued, “or such protests shall be waived.” The Rules’ Timetable of Events states that June 3, 2010 was the deadline for filing protests that alleged violations occurring before the Rules became effective or during the first 28 days the Rules were in effect. These time limits have oft been said to be prudential, not jurisdictional. See, e.g., Halberg, 2007 ESD 402 (May 2, 2007); Gleason, 2006 ESD 370 (November 9, 2006), aff’d, 06 EAM 79 (December 7, 2006); Leedham Slate, 2001 EAD 394 (June 23, 2001), aff’d, 01 EAM (July 23, 2001); Aksamit, 2001 EAD 213 (March 5, 2001), aff’d, 01 EAM 47 (March 16, 2001); Ruscigno, P144 (October 4, 1995), aff’d, 95 EAM 25 (October 18, 1995). Despite the prudential nature of the limitations period, we have denied protests as untimely filed where no justification exists for the delayed filing and where prudential considerations do not warrant a waiver of the limit. White, 2006 ESD 104 (February 27, 2006), aff’d, 06 EAM 15 (March 6, 2006); Milligan, 2001 EAD 156 (February 12, 2001). Each protest was untimely filed by 47 days. We inquired of each protestor the reasons for not filing timely. Lucio Reyes told our investigators that he did not consider filing the instant protest until protest cases P-008 and P-011 were filed against him, on July 12 and 14, respectively. Juanlucio Reyes, who is the son of and campaign manager for Lucio Reyes, told our investigator he was unaware of the Rules’ time limits for filing protests. We previously found the May 25 faxing by the Hoffa campaign to violate the Rules and ordered a remedy. The Election Appeals Master affirmed. Gegare, 2010 ESD 2 (May 31, 2010), aff’d, 10 EAM 1 (June 14, 2010). We find no substantial basis for waiving the protest time limits for the remaining allegations. Accordingly, we DENY these protests as untimely filed. 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 Supervisor 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 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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
cc: Kenneth Conboy
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel David J. Hoffa Ken Paff Barbara Harvey Fred Gegare P.O. Box 9663 Green Bay, WI 54308-9663 kirchmanb@yahoo.com Scott D. Soldon Previant Goldberg 1555 North RiverCenter Drive, Ste. 202 P.O. Box 12993 Milwaukee, WI 53212 sds@previant.com Fred Zuckerman, President Teamstersters Local Union 89 3813 Taylor Blvd. Louisville, KY 40215 fredzuckerman@aol.com Robert M. Colone, Esq. P.O. Box 272 Sellersburg, IN 47172-0272 rmcolone@hotmail.com Lucio Reyes, Secretary-Treasurer Teamsters Local Union 601 745 E. Miner Ave. Stockton, CA 95202 lreyes601@sbcglobal.net Juanlucio Reyes, Business Agent Teamsters Local Union 601 745 E. Miner Ave. Stockton, CA 95202 lreyes601@sbcglobal.net Rome Aloise 250 Executive Park Blvd., Suite 3100 San Francisco, CA 94134-3306 raloise@teamsters853.org Christine Mrak 2357 Hobart Avenue, SW Seattle, WA 98116 chrismrak@gmail.com Rochelle Goffe 1234 22nd Avenue, E Seattle, WA 98112 rochellegoffe@gmail.com Michael J. Miller 1611 Granville Ave., #8 Los Angeles, CA 90025 miller.michael.j@verizon.net Jeffrey Ellison 214 S. Main Street, Ste. 210 Ann Arbor, MI 48104 EllisonEsq@aol.com
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