Sanchez, 2021 ESD 103

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JAVIER SANCHEZ,                      )           Protest Decision 2021 ESD 103

                                                                       )           Issued: April 9, 2021

Protestor.                                           )           OES Case No. P-131-031121-FW

____________________________________)

Javier Sanchez, member 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 campaign stickers were affixed to employer property in violation of the Rules.

Election Supervisor representative Jim Devine investigated this protest.

Findings of Fact and Analysis

Local Union 542 will elect 10 delegates and 6 alternate delegates to the IBT convention.  The Teamsters 542 Members First slate, consisting of local union officials and rank-and-file members, is competing against the Members for Members 542 slate, comprised of rank-and-file members. 

Protestor Sanchez, a delegate candidate on the Members for Members 542 slate, alleged that he “observed Teamsters 542 First slate campaign stickers on Costco lockers and tables” at the Costco store on Morena Blvd. in San Diego CA.  In a previous decision, we found that Edmund Swank, an employee at that store who is a candidate for alternate delegate on the Teamsters 542 First slate, violated the Rules by distributing campaign stickers in the parking lot to employees as they walked into the store, concluding that it was foreseeable that such stickers would be affixed to employer assets in violation of the Rules.  We ordered Swank to cease and desist from distributing campaign stickers where it is foreseeable that such stickers would be affixed to employer assets.  Sanchez, 2021 ESD 86 (March 16, 2021).

The stickers at issue in Sanchez, supra, were 2-color process, goldenrod over deep red, die-cut in the irregular shape of the IBT horses-and-wheel logo, measuring approximately 4 inches high by 2½ inches wide, and bearing the inscription “Teamsters 542 Members First Slate.”

In the instant protest, protestor Sanchez alleged a repeat violation, urging that the remedy “should be more severe” than that ordered previously.

Investigation showed no violation.  The photos Sanchez submitted in support of the protest showed that the stickers at issue here were similar with respect to size, colors, and die-cut shape as those that were the subject of the previous decision.  However, the text of the stickers was different.  It read “Teamsters Local 542.”  This message is not partisan; it is not a campaign message.  The stickers therefore do not violate the Rules.

When our investigator asked Sanchez why he alleged that the stickers he protested advocated the election of the Teamsters 542 First slate when they merely identified the local union of which he and others employed at the Costco store are members, he feigned ignorance that the stickers he submitted photos of did not say “Teamsters 542 Members First Slate.”

Sanchez has not withdrawn the protest.  Accordingly, we conclude that he stands by the false allegation the protest contains.

We DENY the protest.  We will address protestor’s false statement to the Election Supervisor in Vasquez, 2021 ESD 104 (April 9, 2021).

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 103

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

Javier Sanchez

javstrz@gmail.com

Edmund Swank

Eswank44@gmail.com

Jaime Vasquez

jvasquez@teamsters542.org

Derek Correia

Dmcorreia13@aol.com

Jim Devine

jdevine@ibtvote.org

Michael Miller

Miller.michael.j@verizon.net

Deborah Schaaf

dschaaf@ibtvote.org

Jeffrey Ellison

EllisonEsq@gmail.com