Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRANK VILLA,                             )           Protest Decision 2016 ESD 217

                                                                        )           Issued: May 20, 2016

            Protestor.                                           )           OES Case No. P-249-040516-FW     

____________________________________)                                                                  

Frank Villa, member and elected delegate of Local Union 630, filed a post-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that the local union failed to reserve hotel space for delegates and alternate delegates for six nights, as required by our Advisory Regarding Payment of Expenses for Convention Delegates and Alternate Delegates (March 24, 2016).

Local Union 630 notified its delegates and alternate delegates that it had reserved convention hotel space for each of them for five nights during the convention.  Our Advisory requires that local unions pay for six nights.  This protest followed.

In response to the protest, the local union sent the following email communication to all elected delegates and alternate delegates:

As per the March 15^th Office of the Election Supervisor Advisory Regarding Payment of IBT Convention Expenses Memo,  all Delegates and Alternate Delegates have the option of per diem and hotel expenses for seven days and six nights, either from Saturday, June 25 through Friday, July 1, or from Sunday, June 26 through Saturday, July 2. Each local union is obligated to pay the hotel expenses of its delegates for six nights.

In the interest of saving money, the LU 630 Union is recommending hotel payment and per diem for 6 days, 5 nights which would involve checking in Sunday, June 26^th and checking out Friday, June 1^st. If you would like the option of seven days and six nights instead, please so advise, and for which days/nights, as indicated above.

We conclude that this communication complies with the Advisory because it offers the six nights of hotel accommodation the Advisory requires.  Nothing in the Advisory obligates delegates or alternate delegates to accept all accommodations the local union is required to offer.  No contention has been raised here that Local Union 630’s elected representatives to the convention have been coerced to accept less than what the local union is required to offer.

On this basis, we deem this protest RESOLVED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 217

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