Protest Decisions

Dave Wilson and Raul Madera, members of Local Union 601, filed two protests pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).   The protestors alleged that they suffered retaliation from Local Union 601 because they cooperated in an OES investigation that resulted in disqualification of Maria Ashley Alvarado, principal officer of Local Union 601, from her delegate seat.

            Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

            In Reyes, 2011 ESD 281 (June 18, 2011), aff’d, 11 EAM 50 (June 24, 2011), we disqualified Alvarado from her seat as elected delegate from Local Union 601 because of Rules violations she committed during the delegates election campaign.  Protestors Wilson and Madera cooperated in the investigation that led to that decision.  Both were elected as delegates from Local Union 601 on the slate with Alvarado.

            In their protests, Wilson and Madera alleged that Alvarado discriminated against them and Richard Casey, also an elected delegate from Local Union 601.  Wilson claimed that the local union was slow to deliver his per diem check for the days he was to attend the IBT convention in Las Vegas, finally receiving it at his workplace on Friday, June 24, the last workday before he was to depart for the convention.  The next day, Saturday, June 25, Wilson attempted to cash the check at his bank, which is the same bank on which the per diem check was drawn by Local Union 601.  When he attempted to cash the check, Wilson was informed that the account on which the check was drawn was not on “positive pay” and the bank was unable to give Wilson cash for the check.  Accordingly, Wilson arrived in Las Vegas without the cash the per diem check was to provide.

            When Wilson, Madera, and Casey arrived in Las Vegas with their wives, they paid for shuttle service for their wives on Gray Lines shuttle to the hotel.  Their fare with the same common carrier had been paid by the local union.  While they were waiting for their shuttle, they observed another Local Union 601 delegate, Burl Hammons, and other members of the local union executive board and office staff board a limousine, some with their spouses or girlfriends, for the trip to the hotel.     

            The protestors also complained that another elected delegate, local union president Ted Parmentier, arrived in Las Vegas on Friday, June 24, two days earlier than they did, and they presumed that he will stay two days longer in Las Vegas at local union expense than their itinerary provided.  The protestors contended that their less favorable treatment was the result of their cooperation with the investigation that resulted in the disqualification of Alvarado.

            Investigation showed a bank error with respect to Wilson’s per diem check.  The official response provided by Local Union 601 noted that on Wednesday, June 29, 2011, at the convention, Mr. Wilson’s check, in the amount of $448.65, was replaced with $450 cash by officials of Local Union 601. 

            Investigation also showed that Parmentier accompanied Alvarado to Las Vegas on Friday, June 24, to attend campaign events.  The other delegates did not arrive until Sunday, June 26, and were booked at the convention hotel for six nights.  To resolve the unequal treatment created by the extended stay of Parmentier and Alvarado compared with the remainder of the local union delegation, the local union agreed to extend the stays of the other four delegates for an additional night’s lodging at local union expense, for a total of seven nights.  Further, the local union agreed to pay any change fees to their airline tickets incurred as the result of the lengthened stay.  Finally, if Parmentier chooses to stay for an eighth night, it will be at personal expense. 

            Investigation showed that the total cost of the limousine from the airport to the hotel, taken by one delegate and other guests of Local 601 and which had not been pre-arranged, was $65, paid with personal funds and shared among eight persons.

            Finally, investigation showed that all delegates were paid per diem for slightly less than six days when our Advisory on Convention Expenses requires per diem payment for seven days.  The local union has agreed to pay per diem consistent with the Advisory.

            We deem the protests RESOLVED on the bases described here.  In so doing, we find insufficient evidence to conclude that the treatment protestors experienced was motivated by retaliation.

 
            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, NY  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.