2021 EAM 16 (re: 2021 ESD 109)

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

Protest Decision 2021 ESD 109 (“ESD 109”), which addresses an order to show cause, was issued on April 27, 2021 (OES Case No. P-114-031721-FW) by the Election Supervisor. The Election Supervisor ordered the Members for Members 542 slate to show cause why the Local Union 542 delegates and alternate delegates election should not be rerun, with the rerun election occurring at the expense of the slate. The Election Supervisor further ordered the slate to show cause why four delegate candidates, Derek Correia, Craig Chappell, Norman Sauceda, and Javier Sanchez, should not be disqualified, whether from the election just concluded or, if one is ordered, from a rerun election. Finally, the Election Supervisor ordered the slate to show cause why all members of the slate should not be disqualified.

The Members for Members 542 slate timely responded to the show cause order. On April 27th, the Election Supervisor ordered that Local Union 542’s delegates and alternate delegates election be rerun, that Correia, Chappell, Sauceda, and Sanchez be disqualified from the rerun election, and that the expense of the rerun election be carried by the members of Local Union 542 through their local union treasury. In addition, the Election Supervisor ordered that once a schedule for the rerun election is established, a notice of the rerun election (attached to ESD 109) shall be posted on all union bulletin boards.

On April 29, 2021, Derek Correia, on behalf of Members for Members 542, appealed the decision. On April 30th, by Notice of Hearing, the Election Appeals Master scheduled a telephonic hearing for May 3, 2021. On May 3rd, the Office of Election Supervisor submitted supplemental argument in support of its position.

A telephonic hearing was held on May 3, 2021. The following individuals attended the hearing: Jeffrey J. Ellison, Esq., Michael Miller and Deborah Schaaf on behalf of the Office of the Election Supervisor; Jaime Vasquez, Secretary-Treasurer of Local 542, and Phil Farias, President of Local 542; Derek Correia, Javier Sanchez, Norman Sauceda, Genaro Ventura, Eric Robinson, Adan Pelayo, Trent Moran, Fernando Lozano and Russell Hilke all members of Local 542.

I have carefully considered the arguments submitted by all parties. Due to time constraints, I issue this summary order to be followed by a detailed opinion:

SO ORDERED,


Hon. Barbara S. Jones (Ret.)
Election Appeals Master

DATED:          May 4, 2021