Protest Decisions

Richard Galvan, 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 Galvan’s employer violated the Rules by refusing to grant a leave of absence to permit Galvan to attend the IBT convention.

            Election Supervisor representative Michael Miller investigated this protest.

            Galvan is a candidate for IBT West region vice president on the Gegare slate.  On June 9, he submitted a request through Local Union 396 for union business leave to permit him to attend the IBT convention to accept nomination for that position.  Galvan’s employer, UPS, denied the request, stating that Galvan’s candidacy for International office did not entitle him to union business leave under its collective bargaining agreement  UPS further declined to grant him vacation or personal leave because it had denied a number of vacation requests from other employees for the same week because of staffing needs. 

On June 23, the Gegare campaign designated Galvan as an observer.  Under Article IX, Section 1(a) of the Rules, “[e]ach candidate for an International Officer position and each slate of candidates for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the process for nominating candidates for such position, consistent with other provisions of these Rules.  … Such observer shall be a candidate or other member in good standing of the Union.”  Article IX, Section 1(f) states that “[t]ime spent observing shall be considered as time spent on Union business.  Therefore, upon written request of any observer, the appropriate Union officer, business agent, steward, etc., shall so certify to such observer’s employer or to any other person or entity to whom the observer reasonably requests such certification be given.”

The request for union leave associated with the Gegare slate’s designation of Galvan as an observer was forwarded to UPS on June 23.  On June 24, UPS granted union leave to Galvan for the dates associated with the IBT convention.

On this basis, 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, 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.