Protest Decisions

IN RE: Miguel Gomez,
Protest Decision 2001 EAD 280
Issued: March 29, 2001
OEA Case No. PR012512WE

Miguel Gomez, a member of Local 763 and former member of Local 174, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Gomez alleges that Local 174 officers transferred his membership to Local 763 on January 12, 2001, in order to prevent him from running for delegate at Local 174.

Election Administrator representative Christine Mrak investigated this protest.

Findings of Fact

After local union officer elections in November 2000, Scott Sullivan became the secretary-treasurer of Local 174. Gomez, a supporter of the outgoing secretary-treasurer Bob Hasegawa, was not asked to return to his position as a Local 174 business agent. Gomez did not return to his job at the Seattle Times ("Times") due to a strike. Therefore, he began volunteering at Local 763.

Gomez drafted a proposal to stay on at Local 174 to assist in upcoming negotiations with the Times and to be "on loan" from Local 174 to Local 763 for approximately 3 months. Although Sullivan agreed with the idea, he rejected the terms of the proposal because it required Local 174 officials to relinquish authority to Gomez during the negotiations with the Times. Sullivan and Anthony Murrietta, Local 174 president, went to Local 763 to discuss this issue with Gomez. They were unable to resolve it.

Gomez claims that during the conversation he told Sullivan and Murrietta of his intentions to run for delegate. According to Gomez they responded, "we knew it," and Sullivan asked: "How do you expect us to work with you if you intend to run against us?" Sullivan denies making these comments.

After their conversation with Gomez, Sullivan and Murrietta told Dave Reynolds, secretary-treasurer of Local 763, that Gomez would have to choose between Local 763 and his job at the Times.

By January 11, 2001, the strike at the Times had ended. On that day Local 763 secretary-treasurer Dave Reynolds requested a transfer for Gomez to Local 763. Sullivan certified the transfer on January 12, 2001.

On January 25, 2001, Gomez filed this protest claiming that his membership was transferred to prevent him from running as delegate. On that same day, Gomez filed a request for the Election Administrator to determine his eligibility to run for delegate.

By letter dated January 26, 2001, this office found Gomez eligible to run for delegate. Based on information learned subsequent to this determination, we reversed the finding of eligibility. In a letter to Gomez on February 9, 2001, we wrote:

After being temporarily unemployed within Local 174's jurisdiction since December 29, 2000, you had the opportunity to return to your job with the Seattle Times, an employer within the jurisdiction of Local 174, in mid-January 2001, when the Seattle Times strike ended. Instead, you chose to take a job as a business agent in Local 763 and to transfer to that local. Therefore, we find that you voluntarily transferred to another local union within the eligibility period, which renders you ineligible to run as a delegate or alternate delegate….

During the eligibility investigation Gomez spoke with Election Administrator representative Lois Tuttle. Gomez admitted to Tuttle that he had voluntarily transferred to Local 763.

Gomez subsequently told our investigator that he did not seek nomination at Local 174's meeting on February 11, 2001.

Analysis

We reaffirm our February 9, 2001, decision on Gomez's eligibility because he transferred voluntarily. Since Gomez's transfer was voluntary, we cannot find that his transfer was a result of retaliation by Sullivan or Murrietta for his decision to run as delegate. Pursuant to Article XVIII, Section 1 of the IBT Constitution, Local 174 was required to transfer Gomez's membership because he no longer worked in its jurisdiction. For the foregoing reasons, and because the protest is untimely[1], we DENY it.

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 Administrator 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:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005 (fax: 202-454-1501), all within the time prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 280

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

[1]   The protest was filed two weeks after the transfer of membership.  No cause was shown for this delay.