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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: MARIA DELGADO-ROBLES,
Protest Decision 2001 EAD 91
Issued: January 23, 2001
OEA Case No. PR121201ME 

Maria Delgado-Robles, a member of Local 115, 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"). The protestor alleges that Local 115 and her employer Heraus Electro-Nite Company ("HENC") colluded to lay her off in retaliation for her support of former Local 115 principal officer John Morris, and in order to prevent her participation in the Local 115 delegate election.

Election Administrator representatives William B. Kane and William W. Thompson II investigated the protest.

Findings of Fact and Analysis

HENC laid Delgado-Robles off on November 3, 2000. She claims that the local union colluded with her employer in implementing this layoff, and that the local union failed to fairly represent her in challenging the layoff, based on her opposition to Local 115 president and delegate candidate James Smith, Jr.

Delgado-Robles claims that her layoff was not conducted according to seniority, and that it is not justified because the plant is now working overtime. In support of her seniority claim, she notes that the shop steward's son, who has less seniority than her, was not laid off. No evidence was offered linking the protestor's layoff with the delegate election at Local 115. Delgado-Robles, however, noted her past support for former Local 115 principal officer John Morris, who has been removed from office.

Ms. Delgado-Robles's eligibility in the Local 115 delegate election will not be affected by her layoff, since she cannot be issued a withdrawal card due to the layoff until May 3, 2001, while the local's delegate candidate nomination meeting was held on January 7, 2001, and the election will be conducted on March 6.

Moreover, there is no evidence that the protestor's layoff was improperly motivated under the Rules. The collective bargaining agreement provides for notice to the local union of any planned layoffs. Pursuant to this provision, notice was given to the local on October 30, 2000 that five employees, including the protestor, would be laid off on November 3. The layoff was justified by a slowdown in business, which HENC has experienced as a supplier to the steel industry, which itself has experienced layoffs recently. Those laid off were selected by seniority, with only two skilled mechanics being passed over for layoff, as provided for in Article XXI, Sections 1 and 17 of the labor agreement and past practice. The protestor is an unskilled employee. Moreover, she is fourth from the bottom of the seniority list, and even if the less senior mechanics had been laid off, she would still have been laid off with them.

At the time of the layoff, shop steward Leo Reilly explained to Delgado-Robles her rights to bumping, vacation pay and benefits. She admitted that she could not do the work of the less senior mechanics. Subsequently, the protestor went to Local 115's hall with her husband, a Local 115 steward at another shop. Assistant Trustees John Schmitt and Joseph Waldron explained her rights and the basis for her layoff. She sought a local union investigation of various allegations regarding the layoff, and one was conducted. By letter of November 29, 2000, she was notified of the results of the investigation. This letter again advised her of the contractual basis for her layoff. Delgado-Robles never challenged the findings spelled out in the letter, and never asked to file a grievance. Also, contrary to her claims, the son of the shop steward does not have less seniority than the protestor.

In conclusion, there is no evidence here to support the protestor's allegations of a Rules violation. Delgado-Robles' layoff appears to have been implemented consistent with the collective bargaining agreement. Moreover, it appears that the local union fairly represented her with respect to this matter.

Accordingly, the protest is DENIED.

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 91

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

 

Maria Delgado-Robles

8362 Holman Ave.

Pennsauken, NJ 08110

 

Heraus Electro-Nite Co.

9901 Blue Grass Road

Philadelphia, PA 19114

 

IBT Local 115

2833 Cottman Avenue

Philadelphia, PA 19149