OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: DEREK CORREIA, ) Protest Decision 2021 ESD 72
JAVIER SANCHEZ, ) Issued: March 5, 2021
and CRAIG CHAPPELL, ) OES Case No. P-085-022521-FW
)
Protestors. )
____________________________________)
Derek Correia, Javier Sanchez, and Craig Chappell, members of Local Union 542, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Adan Pelayo and Sal Abrica violated the Rules by campaigning to members who were on employer-paid time.
Election Supervisor representative Michael Miller investigated this protest.
Findings of Fact and Analysis
Local Union 542 will elect 10 delegates and 6 alternate delegates to the IBT convention. The Members for Members 542 slate, comprised of rank-and-file members, is competing against the Teamsters 542 Members First slate, consisting of local union officials and rank-and-file members.
The protestors here are candidates on the Members for Members 542 slate. On February 24, 2021, protestors Sanchez and Chappell[1] handbilled in the employer parking lot at the UPS-Chula Vista hub. Sanchez told our investigator he observed two men not associated with his slate who also were distributing handbills. He recognized one as Sal Abrica, an organizer for Local Union 542. Sanchez saw Abrica walk up to the driver’s door of a UPS truck and hand the driver a handbill. Sanchez had Chappell take a video of Abrica’s actions, and the video was supplied to our investigator.
Chappell corroborated Sanchez’s statements concerning Abrica. In addition, Chappell observed the other man handbilling as well. Chappell did not know the man, but he was subsequently identified as Adan Pelayo. A still photo of Pelayo standing at the driver’s window of a van, speaking to the driver, was also supplied to our investigator.
Based on this evidence, the protestors contended that Abrica and Pelayo were campaigning for the Teamsters 542 Members First slate to drivers who were working.
Abrica and Pelayo confirmed to our investigator that they were present at Chula Vista that day, along with Miguel Castro and Greg Jimenez. They denied they were campaigning. Instead, they were working for the union, introducing and promoting a new phone app developed by Local Union 542 for ease of access of member information regarding all facets of local union business. Abrica, Pelayo, and Castro work as full-time organizers, Abrica for Local Union 542, and Pelayo and Castro for the IBT. Jimenez works for UPS but was off duty that day. The handbills they distributed, which were supplied to our investigator, pictured a cell phone displaying the app, under a heading that read, “download your app from your union!” The app, as pictured, listed menu options including “contact us,” “news and events,” “benefits,” “member resources,” “political action,” and “about 542.” The handbill included QR codes that assisted in downloading the app.
Pelayo told our investigator that team members met off-duty UPS employees in the parking lot, distributed the handbill, talked up the app, and assisted members in downloading it. Abrica said his team’s secondary goal was to solicit support and enlist volunteer members to work on a new organizing project. Those members willing to help completed a clipboard with their names and contact information. Abrica said their work at Chula Vista that morning was successful, distributing the app handbill to 200 members and signing up some of those members to work on the organizing campaign.
Abrica viewed the video clip supplied by the protestors and confirmed that it depicted him handing a handbill to a UPS driver. He said he knew the driver, so he approached him after the driver had already stopped. Abrica can be heard on the video telling the driver, while referring to the handbill, “That’s just an app, so you have more information at your fingertips on your phone, alright?” The clip is 8 seconds long and records Abrica’s approach, his words, and his departure.
Pelayo identified himself in the still photo, speaking with the driver in the white van. Pelayo said he knew the driver, who flagged him down to ask why he was there in the parking lot. He told the driver he was there promoting the app and looking for volunteers to help organize.
Both Abrica and Pelayo denied to our investigator that they campaigned while at the UPS facility. Both said they occasionally had to correct campaigners representing Members for Members 542, who told UPS members that Abrica’s team was campaigning. Each time they heard such a statement, they replied that they were there on union business, promoting the app and soliciting volunteers for the organizing campaign.
We DENY the protest. Protestors presented no evidence that Abrica, Pelayo, or their team members were campaigning for the delegates and alternate delegates election at UPS-Chula Vista on February 24, 2021. We find they were on union business, promoting a phone app and soliciting volunteers to assist with an organizing drive.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 72
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Derek Correia
Dmcorreia13@aol.com
Javier Sanchez
javstrz@gmail.com
Craig Chappell
glamiscraig@gmail.com
Sal Abrica
sabrica@teamsters542.org
Adan Pelayo
apelayo@teamsters542.org
Jaime Vasquez
jvasquez@teamsters542.org
Michael Miller
Miller.michael.j@verizon.net
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com
[1] Protestor Correia did not campaign at Chula Vista that day and did not witness the activity that is the subject of this protest.