Protest Decisions

IN RE: BULMARO ALCAZAR
Protest Decision 2010 ESD 37
Issued: October 13, 2010
OES Case No. P-040-101210-ME

Bulmaro Alcazar, member of Local Union 848, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the local union did not provide him with a copy of the local union election plan as required by the Rules.

Election Supervisor representative Michael J. Miller investigated this protest.

Findings of Fact and Analysis

Under Article II, Section 4 of the Rules, local unions conduct their delegates and alternate delegates elections in accordance with election plans approved by the Election Supervisor. With certain exceptions, each local union is required to submit its proposed plan to the Office of the Election Supervisor by September 30, 2010. Article II, Section 4(a). When a local union submits its proposed plan, it is required by Article II, Section 4(e) to post a notice on all local union bulletin boards to alert members that the plan has been submitted. Once the plan is submitted, local union members (and others specified by the rule) have the right to inspect and obtain a copy of the proposed plan from the local union, including worksite lists attached to it, at no cost. Article II, Section 4(c); Huff, 2005 ESD 6 (August 18, 2005). In addition, any member has "the right to submit written comments to the Election Supervisor, with a copy to the Local Union, concerning a proposed Local Union Plan, within fifteen (15) days of the submission of the Plan to the Election Supervisor." Article II, Section 4(d).

In this case, Local Union 848 did not submit its proposed plan by September 30. Protestor Alcazar, not knowing the local union had not submitted a plan, requested that the local union produce a copy of it to him. No plan was produced, and this protest followed.

On October 13, Local Union 848 completed its proposed plan and submitted it to our offices for consideration. The local union has stated its intention to produce the proposed plan to protestor Alcazar and any other member who requesting it forthwith, together with the worksite and bulletin board lists that are appended to the plan. Cook, 2010 ESD 34 (October 9, 2010); Evans, 2005 ESD 4 (August 12, 2005). The local union is now required to post notice on all union bulletin boards advising that the proposed plan has been submitted and that members have 15 days to submit written comments on the plan.

Protestor Alcazar was advised that the plan is now available for his inspection or, at his option, he may have a complete copy at no cost. He indicated that he is satisfied with this result.

Accordingly, we deem this protest RESOLVED.

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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.

Richard W. Mark
Election Supervisor

cc:    Kenneth Conboy
        2010 ESD 37

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):

Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org

David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com

Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org

Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net

Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com

Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com

Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com

Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com

Bulmaro Alcazar
12456 2nd St., # 108
Yucaipa, CA 93299
bulmaroalcazar@yahoo.com

Eric Tate, Secretary-Treasurer
Teamsters Local Union 848
818 S. Oak Park Road
Covina, CA 91724
arlenepraw@local848.net

Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com

Rochelle Goffe
1234 22^nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com

Michael J. Miller
1611 Granville Ave., #8
Los Angeles, CA 90025
miller.michael.j@verizon.net

Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com