Protest Decisions

IN RE: MARIANO PIMENTEL,
Protest Decision 2001 EAD 339
Issued: May 2, 2001
OEA Case No. PR030112WE

Mariano Pimentel, temporary business representative and organizer for Local 996 and an independent candidate for delegate, 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"). He alleged that supporters of Local 996's Kahele/Kozuma slate have harassed him because of his candidacy for delegate and that his vehicle was the target of election-related vandalism.

In Pimentel, 2001 EAD 251 (March 21, 2001), aff'd in relevant part, 01 EAM 58 (April 19, 2001), we found insufficient evidence to sustain any of the allegations of harassment and therefore denied that aspect of the protest.

However, we also determined that Pimentel's vehicle was vandalized by an unknown perpetrator under circumstances demonstrating retaliatory animus for Pimentel's election-related activity. We ordered the local union to post a notice at its hall and on all worksite bulletin boards stating that election-related vandalism violates the Rules and will not be tolerated.

Mel Kahele appealed our decision, contending the evidence did not show Pimentel's vehicle was damaged intentionally and, even if it was, that the damage was election-related. The Election Appeals Master remanded this issue to us for further investigation. Id.

Election Administrator representative Dolly Gee investigated this protest.

Findings of Fact and Analysis

Pimentel originally told our investigator his vehicle sustained two flat tires - one in the morning and the other in the afternoon - in the parking lot of the local union hall on January 13, 2001. He did not report these circumstances to anyone then and indeed raised it for the first time with our investigator after filing this protest on March 1. He claimed he took the vehicle in for repairs and that the puncture on one tire was sealed while the other tire was replaced.

On reinvestigation, Pimentel acknowledged the incident did not occur on January 13, a Saturday, as the local was not open that day. Although he claimed he paid for the replaced tire with a credit card, he was unable to produce a receipt or a credit card statement substantiating the claim.

After we issued our first decision in this case, the local conducted a parallel investigation of the vandalism Pimentel alleged. He produced to the local a receipt for a tire he purchased on Thursday, January 25, the date of a staff organizing workshop at the local. Witnesses indicate that Pimentel asked at that workshop whether the local would reimburse organizers for flat tires sustained during organizing activities. He made no allegation then that the flat was the result of election-related vandalism.

We DENY this protest because of insufficient evidence that Pimentel's vehicle was vandalized.

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 339

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