OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: ADAM OCHOA, ) Protest Decision 2015 ESD 15
) Issued: July 29, 2015
Protestor. ) OES Case No. P-022-072815-FW
____________________________________)
Adam Ochoa, member of Local Union 948 and delegate candidate on the Adam Ochoa/Luiz Diaz Unity Slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that a candidate on an opposing slate did not have authority to participate in a ballot placement lottery under the Rules.
Election Supervisor representative Deborah Schaaf investigated this protest.
Findings of Fact and Analysis
Two slates of candidates were nominated in the delegates and alternate delegates election to be conducted in Local Union 948, a seasonal food local union. In addition to the protestor’s slate, the United Hoffa Slate was nominated. Both slates timely filed valid slate declaration forms. Because two slates were nominated, a lottery was conducted July 24, 2015 to determine the order in which the slates would appear on the ballot. Norma Venegas, a United Hoffa candidate, was the lone representative to appear on behalf of her slate. The lottery results saw the protestor’s slate win first position on the ballot and United Hoffa win second.
Ochoa filed this protest alleging that Venegas did not have authority to represent United Hoffa at the ballot placement lottery and, because Venegas lacked such authority, United Hoffa had forfeited the right to appear on the ballot as a slate. Ochoa alleged that the candidates on United Hoffa had designated United Hoffa candidate Sam Martinez as their sole representative; according to the protest, Martinez was not present at the lottery.
We DENY Ochoa’s protest. First, the right of candidates to appear on a ballot as a slate is determined solely by their joining together as a slate under the procedure set forth in Article VIII of the Rules. United Hoffa’s slate declaration is not questioned, and the candidates who joined that slate will appear on the ballot as a slate. Second, Article IX, Section 3 expressly designates the ballot placement lottery as an event that may be observed. However, the Rules do not require that each candidate or slate appear or be represented at the lottery, provided that they are given proper notice of the right to attend. Accordingly, even were we to accept Ochoa’s claim that United Hoffa could be represented at the lottery only by Martinez, a claim we reject, the Rules do not impose any requirement that candidates or slates attend the lottery on risk of forfeiting their slate status. Finally, regardless of Ochoa’s contention that only Martinez was authorized to appear for United Hoffa at the ballot placement lottery, the Rules at Article IX, Section 1(b) declare for observers that “[e]ach candidate on a slate shall be deemed to be represented by each and every other candidate on that slate and by all observers designated by that slate or by any other candidate on that slate.” As such, Venegas had authority under the Rules to represent and act on behalf of herself and all other United Hoffa candidates at the ballot placement lottery.
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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th floor
New York, NY 10018
kroberts@jamsadr.com
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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kathleen A. Roberts
2015 ESD 15
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 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
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Adam Ochoa
Adam Ochoa/Luiz Diaz Unity Slate
basscat24@gmail.com
Sam Martinez
5161 Wilkins Ave
Oakdale, CA 95361
ladybugtm2003@yahoo.com
Teamsters Local Union 948
1933 West Caldwell, #7
Visalia, CA 93277
teamsters948@softcom.net
Deborah Schaaf
1521 Grizzly Gulch Dr.
Helena, MT 59601
dschaaf@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 210
Ann Arbor, MI 48104
EllisonEsq@aol.com