IN RE: ALVARO QUINONES,
Protest Decision 2001 EAD 336
Issued: May 1, 2001
OEA Case No. PT041311ME
Alvaro Quinones, a member of Local Union 115 and a delegate candidate in its recent election, filed a post-election protest pursuant to Article XIII, Section 3(a) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Local 115 printed more delegate election ballots than justified by the number of members indicated on the local's worksite list, and that this may have resulted in election fraud.
Election Administrator representative William Kane investigated the protest.
We DENY the protest as untimely, since it was filed more than one month following the ballot count at Local 115. We reject Quinones' claim that he belatedly learned of the allegedly large number of ballots that were printed, and that his late filing is therefore justified. As a candidate, Quinones had access to the information upon which he now relies. He has failed to demonstrate sufficient cause for his late filing.
Moreover, our investigation revealed no evidence whatsoever of ballot fraud. The number of ballots printed was consistent with communications between our representative and the local union. In addition, our investigation determined that ballots were properly handled at all times. Thus, even if the protest were timely, it would be without merit.
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 15th Street NW, Tenth Floor, Washington, DC 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 336
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149
Alvaro Quinones
8362 Holman Avenue
Pennsauken, NJ 08110
William Kane
242 Old Haymaker Road
Monroeville, PA 15146
Susan Boyle
Baptiste & Wilder
1150 Connecticut Ave. NW
Suite 500
Washington, DC 20036