Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RUBUSTINO COPADO,               )           Protest Decision 2016 ESD 355

                                                                        )           Issued: December 30, 2016

            Protestor.                                           )           OES Case No. P-421-121616-FW     

____________________________________)                      

Rubustino Copado, president of Local Union 287, 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 “[o]n December 15th it was discovered that acting principal officer Merilee Zerrougui and Ron Ruelas who at the time was a business agent for local 287 had distributed election material to 80 Local 287 represented facilities while posting IBT election notices and during a ratification meeting at Teamsters local 287.”  The alleged conduct was said to violate the Rules, although the protest did not specify in what way.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

The protest alleged conduct that occurred in September 2016.  The protest was filed by the local union president on December 16.  The conduct alleged in the protest was also alleged in an internal union charge filed by local union business agent Jerry Sweeney in October 2016.  Protestor Copado, as local union president, issued notice of hearing on the charge to Zerrougui and Ruelas on October 17, 2016.  Sweeney later dismissed and refiled the charge, Copado once again issued notice of hearing to Zerrougui and Ruelas, and the hearing on the amended charge was held on December 15, 2016.  A decision on that charge is pending.

Copado’s protest alleged that the conduct of Zerrougui and Ruelas raised in Sweeney’s original and amended charges and contained in the notices Copado issued was for the first time “discovered” at the hearing on the amended charge held December 15.  He asserted that his protest filed December 16 was therefore timely.

We disagree.  Article XIII, Section 2(b) requires that protests “must be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.”  (Emphasis supplied.)  Copado was aware of the distribution by Zerrougui and Ruelas  of “election material” (i.e., campaign material) at the latest on October 17, 2016,  when he signed a notice of hearing on Sweeney’s original charge that made the allegation.[1]  Because of his knowledge of their duties, Copado also was aware that Zerrougui and Ruelas visited multiple worksites of local union members to perform their official duties as an officer and an employee of the local union, the same worksites where the election material was distributed.  Under these circumstances, Copado should have known at the latest by October 17, 2016 of the allegation made in his December 16 protest.  On the facts presented here, we find Copado waived his right to protest the alleged conduct of Zerrougui and Ruelas by failing to file timely after he first became aware of it.

Accordingly, we DENY this protest as untimely filed.

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 355

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