This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: RUBEN MORENO,                                    )           Protest Decision 2016 ESD 348

                                                                        )           Issued: December 16, 2016

            Protestor.                                           )           OES Case No. P-268-042216-FW     


Ruben Moreno, member of Local Union 439, 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 Richard Andazola was ineligible to vote in the delegates and alternate delegates election.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Local Union 439 was entitled to elect five delegates and two alternate delegates to the IBT convention[1].  At the tally of ballots conducted April 22, 2016, the protestor challenged the eligibility of Richard Andazola to vote in the election.  Andazola was mailed a ballot and, upon his request, was also mailed a duplicate ballot.  A ballot return envelope was received from Andazola. 

Investigation at the tally caused election officials to sustain the challenge and find Andazola ineligible to vote.  Accordingly, his ballot return envelope was not opened and counted.  The investigation showed that Andazola voluntarily transferred to Local Union 856 on February 16, 2016 and commenced work under its jurisdiction as a business representative.  He paid dues to that local union beginning in March 2016.  The IBT constitution, at Article XVIII, Section 1, states that “[i]t shall be compulsory for a member to maintain or establish membership in the Local Union under whose jurisdiction he is working.”  This provision required Andazola to establish and maintain membership in Local Union 856.  As he no longer had employment under the jurisdiction of Local Union 439 following his transfer to Local Union 856, he was not eligible to vote in Local Union 439’s delegates and alternate delegates election, and his ballot was properly challenged.

Given the decision of election officials at the tally of ballots to sustain the challenge to Andazola’s ballot, we deem this protest MOOT.

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


620 Eighth Avenue, 34th floor

New York, NY 10018


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

            2016 ESD 348


Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001


David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036


Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128


Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207


Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217


Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001


Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001


David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202


Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209

Ruben Moreno


Teamsters Local Union 439

1531 East Fremont St

Stockton, CA 95205


Philip Creamer

For Restore the Pride


Alex Parra

For Stability Through Solidarity


Richard Andazola


Deborah Schaaf

1521 Grizzly Gulch Dr

Helena, MT 59601


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104

[1] Because of an increase in average membership, Local Union 439’s delegation was subsequently adjusted to six delegates and one alternate delegate, with the first-ranked elected alternate delegate being promoted to delegate.