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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ALVARO QUINONES,
Protest Decision 2001 EAD 336
Issued: May 1, 2001
OEA Case No. PT041311ME

Alvaro Quinones, a member of Local Union 115 and a delegate candidate in its recent election, filed a post-election protest pursuant to Article XIII, Section 3(a) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Local 115 printed more delegate election ballots than justified by the number of members indicated on the local's worksite list, and that this may have resulted in election fraud.

Election Administrator representative William Kane investigated the protest.

We DENY the protest as untimely, since it was filed more than one month following the ballot count at Local 115. We reject Quinones' claim that he belatedly learned of the allegedly large number of ballots that were printed, and that his late filing is therefore justified. As a candidate, Quinones had access to the information upon which he now relies. He has failed to demonstrate sufficient cause for his late filing.

Moreover, our investigation revealed no evidence whatsoever of ballot fraud. The number of ballots printed was consistent with communications between our representative and the local union. In addition, our investigation determined that ballots were properly handled at all times. Thus, even if the protest were timely, it would be without merit.

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 (fax: 202-454-1501), all within the time 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 336

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

 

IBT Local 115

2833 Cottman Avenue

Philadelphia, PA 19149

 

Alvaro Quinones

8362 Holman Avenue

Pennsauken, NJ 08110

 

William Kane

242 Old Haymaker Road

Monroeville, PA 15146

 

Susan Boyle

Baptiste & Wilder

1150 Connecticut Ave. NW

Suite 500

Washington, DC 20036