Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRANK VILLA,                             )           Protest Decision 2016 ESD 264

                                                                        )           Issued: June 30, 2016

            Protestor.                                           )           OES Case Nos. P-303-062016-FW   

____________________________________)

            Frank Villa, member and elected delegate from Local Union 630, filed a pre-election protest pursuant to Article XIII, Section 2(a) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 630 failed or refused to pay travel expenses required by our Advisory Regarding Payment of Expenses for Convention Delegates.

            Election Supervisor representative Deborah Schaaf investigated this protest. 

Findings of Fact and Analysis

            Local Union 630 is located in Los Angeles, CA, approximately 270 miles from the convention site in Las Vegas, NV.  For delegates who opted to drive rather than fly to the convention, the local union instructed them to turn in gas receipts for reimbursement.  The protest alleged that this arrangement did not comply with the Advisory.

            The Advisory directs local unions to pay $0.54 per mile for private vehicle ground transportation to and from the convention.  However, it also cautions that “[n]o delegate or alternate may be reimbursed in an amount that exceeds what the Local Union would have paid had transportation been arranged by the Local Union.”

            Local Union 630 documented that costs of transportation arrangements it made for delegates and alternate delegates flying to the convention came to approximately $220, including round-trip airfare and round-trip ground transportation to the airport in Los Angeles and from the airport in Las Vegas.  The local union agreed to pay this sum to Villa and to any other delegate or alternate delegate who drove their personal vehicles to the convention.

            We conclude this arrangement complied with the Advisory.  Protestor Villa accepted this result.  Accordingly, we deem this protest RESOLVED on this basis.

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, 34^th 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 17^th 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

            2016 ESD 264

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