OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: SANTIAGO TORRES, ) Protest Decision 2011 ESD 236
) Issued: April 27, 2011
Protestor. ) OES Case No. P-102-013111-FW
____________________________________)
Santiago Torres, member of Local Union 396, 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 Paul Uribe threatened him in violation of the Rules.
Election Supervisor representative Rochelle Goffe investigated this protest.
Findings of Fact
Uribe was nominated for delegate on the Galvan Respect and Dignity slate at Local Union 396’s nominations meeting held January 8, 2011. Torres was nominated for alternate delegate on the Ron Herrara slate. Uribe and Torres are both employed by UPS at its Grande Vista facility.
On January 27 at work, Torres was working as a sorter, Uribe as a mule shifter. Torres stated that as he walked to his work area, he saw a feeder driver whom he did not know (later identified as Uribe) speaking with a supervisor. As Torres got closer, the supervisor walked away and Uribe turned toward Torres and stepped into his path. Torres said he changed his path more than once to pass Uribe but Uribe repeatedly stepped into his path again. According to Torres, he thought Uribe “was playing a game of ‘chicken’ with me.”
Torres said that Uribe put his hand out “as if wanting to shake hands with me” then said in a confrontational manner, “Do you know me?” Torres replied, “I don’t know you and I don’t want to know you.” According to Torres, Uribe then said, “You’re Santiago Torres, aren’t you?” Torres acknowledged that he was. At this, Torres said Uribe then tapped his (Uribe’s) chest and said, “It’s me, Paul Uribe, yeah, you were the one staring at me at the delegates nomination!”
Torres attended the January 8 nominations meeting. He denied to our investigator knowing Uribe by sight as of that date, did not recall seeing Uribe at the nominations meeting, and denied that he stared at him at that meeting. However, when Uribe confronted him at work on January 27, Torres concluded that Uribe was a delegate on the Galvan Respect and Dignity slate.
According to Torres, Uribe then said, “You don’t know me but you will see me!” Torres replied, “Dude, what are you talking about?” Uribe repeated, “You’ll see me!” According to Torres, Uribe then said, “Why don’t you step outside and shut the trailer doors?” Torres demurred, believing that Uribe was trying to get him away from witnesses so he could pursue his threats. Torres said he told Uribe that he could not go outside because he was not wearing a vest. Uribe then said, “Dude you don’t know who you are messing with!” Torres said he replied, “Whatever.” At this, the exchange ended. According to Torres, Uribe did not touch or threaten to touch him, and there was no further exchange between the two.
Uribe told our investigator that he had an encounter with Torres on January 27. Uribe said he was working as a mule driver and he contacted a supervisor because the trailers need to be realigned and the diverters and conveyors needed to be moved. When he finished with the supervisor, he saw Torres, whom he recognized from the nominations meeting because of his tattoos. Uribe said he walked toward Torres and said, “Don’t I know you?” Uribe stated that Torres replied, “No I don’t know you,” and Uribe responded, “I seen you at the meeting,” referring to the nominations meeting. Uribe told our investigator this was the extent of the exchange with Torres, who then went into the building and Uribe went back to the trailers. According to Uribe, the conversation lasted less than two minutes.
In response to our investigator’s specific questions, Uribe said he did not recall asking Torres repeatedly if Torres knew him. With respect to shutting the trailer doors, Uribe confirmed that he asked Torres to close them but, when Torres declined, Uribe closed them himself.
Uribe denied threatening or intending to threaten Torres.
David Zavala, a part-time UPS sorter, told our investigator that he witnessed part of the exchange between Uribe and Torres. According to Zavala, Torres tried to walk away from Uribe but Uribe continued to pursue him. The only thing Zavala heard was Uribe’s statement, “I know who you are.” Zavala did not recognize the situation as presenting any danger. He said he did not know Uribe and could not determine whether Torres knew Uribe either. He did not see the need to call a supervisor to the scene.
Analysis
Article VII, Section 12(g) prohibits threats for activity protected by the Rules. We do not find a prohibited threat on the facts presented here, as there was neither touching nor menacing behavior on Uribe’s part sufficient to present a palpable threat to Torres of imminent harm.
Accordingly, we DENY the protest.
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, NY 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 236
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
Santiago Torres
2804 Mozart Street
Los Angeles, CA 90031
agotor1@gmail.com
Ron Herrara, Secretary-Treasurer
Teamsters Local Union 396
880 Oak Park Road, #200
Covina, CA 91724
ronherrara@local396.net
Paul Uribe
1212 Valencia Way
Arcadia, CA 91006
s_uribe@verizon.net
Rochelle Goffe
1234 22nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Maria 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