October 26, 1998
VIA FIRST CLASS MAIL
Ed Reynoso
October 26, 1998
Page 1
Ed Reynoso
3917 Yellowstone Circle
Chino, CA 91710
Albert Rivadaneyra
7618 Granby Avenue
Rancho Cucamonga, CA 91730
Paul Lastcha
2348 Dunlop
Colton, CA 92324
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, DC 20009
Ed Reynoso
October 26, 1998
Page 1
Re: Election Office Case No. PR-312-LU63-EOH
Gentlemen:
Ed Reynoso, a member of Local Union 63, filed a pre-election protest pursuant to
Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Albert Rivadaneyra, a member of Local Union 63. The protester alleges that on August 20, 1998, Mr. Rivadaneyra distributed Leedham campaign paraphernalia and Convoy Dispatch, the Teamster for a Democratic Union (“TDU”) newsletter, during work time to UPS drivers in a designated work area for sorting packages and loading the trucks, in violation of the Rules. The protester’s claim is based on the observations of Paul Lastcha, another member of Local Union 63 who works in the same area as Mr. Rivadaneyra at the UPS Foothill Center facility. The protester does not have any first hand knowledge of the alleged incident on August 20, 1998.
Mr. Rivadaneyra denies that he distributed any campaign literature or the Convoy Dispatch to drivers on work time in the sorting and loading area on August 20, 1998.
Mr. Rivadaneyra admits that he distributed campaign literature to drivers in the sorting and the loading area in the past, but that he stopped this practice sometime in March 1998 when TDU advised him that campaigning in this area was improper. Mr. Rivadaneyra maintains that on August 20, 1998, he finished work early around 8:15 a.m. and distributed campaign literature to drivers who were not yet working in the time clock or waiting area. Mr. Rivadaneyra claims that prior to the start of their shift at 8:30 a.m., drivers usually gather in the time clock area to talk, read newspapers and wait for a pre-work meeting with UPS supervisors.
Ed Reynoso
October 26, 1998
Page 1
This protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
The Election Officer has consistently denied protests when the protester offers no evidence to corroborate and support allegations. Hoffa, PR-081-IBT-NCE (May 13, 1998). The protester bears the burden of proof to present evidence that a violation has occurred. Rules, Article XIV, Section 1.
In the instant case, the Election Officer has not received any evidence that corroborates the protester’s allegations. Mr. Lastcha did not return any of the investigator’s calls. The investigator spoke with a number of drivers who corroborated Mr. Rivadaneyra’s claims that he has distributed campaign literature and/or the Convoy Dispatch to drivers who are assembled in the time clock area prior to the start of the their shift at 8:30 a.m. Most of the drivers attested to Mr. Rivadaneyra’s distribution of material sometime during the last two months and could not recall the specific events of August 20, 1998.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master