IN RE: RAYNELL CASTILLO, Protestor.
Protest Decision 2011 ESD 203
Issued: April 7, 2011
OES Case Nos. P-213-031111-SO & P-214-031111-SO
Raynell Castillo, member of Local Union 657 and candidate for delegate, filed two post-election protests pursuant to Article XIII, Section 3(a) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). Both protests alleged that certain pre-election conduct of candidates on the opposition slate violated the Rules.
Election Supervisor representative Dolores Hall investigated these protests.
Findings of Fact and Analysis
Castillo ran for delegate in Local Union 657's delegates and alternate delegates election. At the nominations meeting held January 15, 2011, she and four other candidates were nominated for four delegate seats. The three candidates nominated for three alternate delegate positions were deemed elected without opposition. Castillo's opposition for delegate formed a slate, and Castillo ran as an independent candidate.
Ballots were mailed on February 15 and counted on March 8. The tally showed the following:
Letty Acosta 469
Frank Perkins 463
Rick Hernandez 460
Lucio Gaitan 455
Raynell Castillo 116
Castillo filed her post-election protests on March 11. Those protests alleged that, following her nomination on January 15, she was not provided a "packet" that she states she should have received, although she was provided various forms particular to candidates. She further alleged that on January 25, Frank Perkins, local union principal officer and delegate candidate, offered to provide her with visitor credentials to the IBT convention if she withdrew her candidacy; the credentials did not include travel expenses. She alleged that on January 26, Lucio Gaitan, local union trustee and delegate candidate, told her that Perkins would arrange for her to serve as a sergeant-at-arms for the convention if she withdrew her candidacy; this position would include her travel, lodging and meals expenses. Castillo did not pursue or accept either offer. She also alleged that she was not permitted to be present on a date before ballots were mailed when the contracts were purchased for the post office boxes to be used in the election. She further alleged that on March 3 when at the union hall, Perkins confronted her about campaign literature she had distributed that stated that Perkins negotiated concessionary contracts.
We find that these protests are untimely filed. Article XIII, Section 3 of the Rules defines post-election protests as those "concerning election day or post-election day conduct." Each of the allegations Castillo made concerned acts or omissions ranging in date from January 15 through March 3, during the pre-election period. Castillo's post-election protests, filed March 11, came far too late to address these issues. As we said in Berg, 2006 ESD 296 (June 4, 2006), aff'd, 06 EAM 44 (June 15, 2006):
Post-election protests are properly addressed to actions occurring at or after the ballot count itself. They are not to be used to assert violations based on matters that the protestor knew (or should have known) about in the pre-election period. A protestor cannot sit on a pre-election allegation, wait for the outcome of the election, and then seek to upset the entire result based on pre-election conduct that, if a violation, could have been addressed earlier.
See also, Wood, 2011 ESD 202 (April 4, 2011).
We also note that Castillo was in frequent contact with our representative, Dolores Hall during the pre-election period about these and other issues, and did not during that period lodge any protests about them.
Accordingly, we DENY these protests as untimely filed.
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
885 Third Avenue, Suite 1000
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., Suite 421 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
2011 ESD 203
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 Hall 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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Raynell Castillo
2709 Pelican Avenue
McAllen, TX 78504
rayecast2@aol.com
Frank Perkins, President
Teamsters Local Union 657
8214 Rough Rider Drive
San Antonio, TX 78239
info@teamsters657.com
Dolores Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
