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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ISIDRO VALDIVIA, Protestor.
Protest Decision 2011 ESD 164
Issued: March 14, 2011
OES Case No. P-171-022411-FW

Isidro Valdivia, member of Local Union 396 and candidate for delegate, 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 Waste Management Company in Compton, California, improperly denied him campaign access to its parking lot.

Election Supervisor representative Maureen Geraghty investigated this protest.

Findings of Fact and Analysis

On February 23, 2011, at approximately 3:00 p.m., Valdivia arrived at Waste Management's Compton yard to campaign among Local Union 396's members employed there. He signed in at the guard gate, proceeded to the area of the parking lot where IBT members park their vehicles, and spent approximately two and one half hours leafleting members employed there. At approximately 5:45 p.m., an unidentified security guard approached Valdivia and asked him to leave, stating that the directive came from the guard's supervisor. On February 26, our investigator contacted Waste Management's Senior Human Resources manager, Michael Dory, who stated that Valdivia and any other members of Local Union 396 were free to campaign in Waste Management's parking lot at Compton. Our investigator immediately relayed this assurance to Valdivia.

Article VII § 12(e) of the Rules grants members and candidates the right to campaign in employer parking lots where members park their vehicles. Valdivia was permitted that access for a substantial period on February 23 before being directed to leave. The employer has provided assurances that the directive to leave was given in error and was not a policy to deny the access required by the Rules.

Accordingly, we deem this protest RESOLVED.

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
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
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., Suite 421 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
        2011 ESD 164

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 Hall 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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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

Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com

Isidro Valdivia
easnuggles@yahoo.com

Ron Herrera, Secretary-Treasurer
Teamsters Local Union 396
880 Oak Park Road, 200
Covina, CA 91724
ronherrera@local396.net

Maureen Geraghty
426 Old Salem Road
Winston-Salem, North Carolina 27101
mg@geraghtylawfirm.com

Michael J. Miller
P.O. Box 25385
Los Angeles, CA 90025
Miller.michael.j@verizon.net

Christine Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com

Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org

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