Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 353

                                                                        )           Issued: December 22, 2016

            Protestor.                                           )           OES Case No. P-228-031816-FW     

____________________________________)                      

Teamsters United 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 its supporters were denied parking lot access at CR&R Waste Services, an employer under the jurisdiction of Local Union 396.

            Election Supervisor representative Chris Mrak investigated this protest.

Findings of Fact and Analysis

The protest, filed Friday, March 18, 2016, alleged denied parking lot access on the previous day at CR&R Waste Services. 

Investigation showed that on March 17 at about 4:15 p.m. PDT, Local Union 396 members Jose Lizarraga and Gabriel Luquin went to the CR&R facility in San Juan Capistrano CA to campaign.  Lizarraga was running for delegate on Richard Galvan’s Local 396 Teamsters United Slate.  Gabriel was a supporter of Lizarraga’s candidacy. 

Both had campaigned at the CR&R facility a month previous without incident for three to four hours.  However, on the March 17 occasion a management agent named “Mike” ordered them to leave the premises, citing property rights.  Lizarraga showed Mike the OES memo on parking lot access and advised him they had campaigned there in the past.  Mike said this did not matter and if they did not leave he would call the sheriff.  He refused to give his full name to Lizarraga.  Lizarraga phoned Michael Miller, our representative in southern California, to report the incident.  Mike refused to talk to Miller when the phone was handed to him and hung up.

A person who claimed to own the property leased to CR&R also spoke to Lizarraga and Luquin.  She claimed to own even the private access road that led to the facility.

The sheriff’s deputies arrived.  Lizarraga showed them the OES memo and, according to Lizarraga, they refused to read it.  They ordered Lizarraga and Luquin off company premises, and the campaigners complied.

After the protest was filed on March 18, our representative that day left voicemail and sent email to CR&R’s general mailboxes.  On Monday, March 21, CC&R’s chief of Human Resources Carlos Lima returned the call.  He was unfamiliar with OES and the Rules.  Our representative explained the history and mission of OES and described the events of March 17.  Lima did not dispute the facts but asked for some time to look into the bona fides of what our representative told him.  He returned the call the next day, March 22, to advise that CR&R would comply with the Rules and permit those with Teamster identification to campaign in the parking lot.  Our representative advised Lizarraga and counsel for Teamsters United that day. 

We conclude that this situation arose from the employer’s lack of familiarity with the requirements of the Rules rather than malice.  Accordingly, we deem the protest RESOLVED as of March 22, 2016.   

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 353

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