Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: LISA LOGOTETA,                          )           Protest Decision 2016 ESD 302

                                                                        )           Issued: October 10, 2016

            Protestor.                                           )           OES Case No. P-321-070716-FW     

____________________________________)                      

Lisa Logoteta, member and elected alternate delegate from Local Union 315, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that her employer violated the Rules by failing to grant her union leave from work in order to attend the 29^th IBT convention.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Protestor Logoteta is employed by Recology Vallejo in Vallejo, CA.  Following her certification as an elected alternate delegate, Logoteta on June 9, 2016, made written request for union leave from her employer in order to attend the IBT convention.  The local union supported the request in writing on June 14.  The employer denied the request in writing on June 23.  Logoteta attended the convention utilizing paid vacation benefits.  Following the convention, she made informal effort to have the employer recode the convention week as unpaid union leave and restore the vacation time to her vacation bank.  Had Logoteta’s effort succeeded, the local union would have compensated her for the convention leave.  Her effort was unsuccessful, and this protest followed. 

Under our Advisory Regarding Payment of Expenses for Delegates and Alternate Delegates (March 15, 2016), “[a]ttendance at the Convention is official union business; it is not a vacation or a holiday.”  Accordingly, “[n]o delegate or alternate will be required to use his or her vacation to attend the Convention.”  Members attending the convention as part of a local union’s delegation are to be granted union leave to do so.

After intervention by our representative, Recology Vallejo has agreed to grant Logoteta one week of union leave as substitute for the week of paid vacation she was required to take to attend the IBT convention.  Recology has taken this step without admitting wrongdoing or liability.  Logoteta is to work with the general manager of her facility to schedule the leave.  The local union will compensate Logoteta for the wages, salary and benefits required by our Advisory as if the one week of union leave she takes was for attendance at the convention.  Our representative stands ready to assist in the implementation of this resolution.

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 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:

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 302

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