IN RE: JUAN LEAL, Protestor
	Protest Decision 2010 ESD 39
	Issued: October 14, 2010
	OES Case No. P-039-101210-ME
Juan Leal, member of Local Union 683, 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 the local union did not comply with its obligations under the Rules with respect to its local union election plan.
Election Supervisor representative Michael J. Miller investigated this protest.
Findings of Fact and Analysis
Under Article II, Section 4 of the Rules, local unions conduct their delegates and alternate delegates elections in accordance with election plans approved by the Election Supervisor. Once the plan is submitted, local union members (and others specified by the rule) have the right to inspect and obtain a copy of the proposed plan from the local union, including worksite lists attached to it, at no cost. Article II, Section 4(c); Huff, 2005 ESD 6 (August 18, 2005). In addition, any member has "the right to submit written comments to the Election Supervisor, with a copy to the Local Union, concerning a proposed Local Union Plan, within fifteen (15) days of the submission of the Plan to the Election Supervisor." Article II, Section 4(d).
In response to protestor Leal's request, the local union mailed a copy of the proposed plan to Leal by certified mail on October 5. Leal acknowledged receipt of the plan on October 7. The next day, he filed a protest against Todd Mendez, principal officer of Local Union 683, "for false and misleading answers on" the plan. Leal amended his protest on October 13, alleging that the plan mailed to him did not include the worksite list, the bulletin board list, the local union's current bylaws, the current IBT Constitution, or "an original issue of the Local Union newsletter [published] after January 1, 2009."
The particulars of Leal's original complaint, that the proposed plan included false and misleading answers, were 1) that the surname of the agent hired by the local union to conduct its election was misspelled, 2) that local union officers and employees used email to communicate incidentally with members when the plan said they did not, and 3) that the local union maintains an email list of members when the plan stated it did not. We treat these statements by Leal as comments to the Election Supervisor, pursuant to Article II, Section 4(d), and not as a protest.
We next address Leal's amendment to his protest that asserts the local union did not produce certain attachments to the plan. As we have stated, a local union is required to produce worksite and bulletin board lists that are appended to the plan, when a member requests that the plan be produced. Alcazar, 2010 ESD 37 (October 13, 2010); Cook, 2010 ESD 34 (October 9, 2010); Evans, 2005 ESD 4 (August 12, 2005). In addition, the local union must produce its current bylaws, as these are to be made part of the plan pursuant to Article II, Section 4(b)(11). Contrary to Leal's assertion, however, the local union is not required to produce a copy of the IBT Constitution, for the Rules provision requires that the local union append to the proposed plan the "then-current Local Union Bylaws or Constitution," referring to a local union document and not to the International Constitution. Finally, while the local union is required to produce, on request, the local union publications published after January 1, 2009, it may produce copies thereof, instead of the originals that Leal seeks.
The local union has mailed Leal the attachments the Rules require it to produce. This action satisfies each aspect of his amended protest.
Accordingly, we deem this protest RESOLVED.
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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc:    Kenneth Conboy
	        2010 ESD 39
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DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
	International Brotherhood of Teamsters
	25 Louisiana Avenue, N.W.
	Washington,D.C. 20001
	braymond@teamster.org
David J. Hoffa
	Hoffa Keegel 2011
	1100 Connecticut Avenue, N.W., Ste. 730
	Washington D.C. 20036
	hoffadav@hotmail.com
Ken Paff
	Teamsters for a Democratic Union
	P.O. Box 10128
	Detroit, MI 48210-0128
	ken@tdu.org
Barbara Harvey
	1394 E. Jefferson Avenue
	Detroit, MI 48207
	blmharvey@sbcglobal.net
Fred Gegare
	P.O. Box 9663
	Green Bay, WI 54308-9663
	kirchmanb@yahoo.com
Scott D. Soldon
	Previant Goldberg
	155 North River Center Drive, Ste. 202
	P.O. Box 12993
	Milwaukee, WI 53212
	sds@previant.com
Fred Zuckerman, President
	Teamsters 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
Carl Biers
	Box 424, 315 Flatbush Avenue
	Brooklyn, NY 11217
	info@SandyPope2011.org
Juan E. Leal
	1980 Julianna
	El Cajon, CA 92019-3897
	fcceutig@cox.net
Todd C. Mendez, Secretary-Treasurer
	Teamsters Local Union 683
	P.O. Box 620922
	San Diego, CA 92162
	toddmendez@teamsters683.com
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
Kathryn Naylor
	Office of the Election Supervisor
	1801 K Street, N.W., Suite 421 L
	Washington, D.C. 20006
	knaylor@ibtvote.org
Jeffrey Ellison
	214 S. Main Street, Ste. 210
	Ann Arbor, MI 48104
	EllisonEsq@aol.com
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