Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RUBEN MORENO,                                    )           Protest Decision 2016 ESD 347

                                                                        )           Issued: December 16, 2016

            Protestor.                                           )           OES Case No. P-267-042216-FW     

____________________________________)                      

Ruben Moreno, member of Local Union 439, 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 a proposed t-shirt design to be purchased for a contract campaign by Local Union 439 impermissibly adopted a design used by a slate in the local union’s delegate and alternate delegate election.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

In an election contested by three slates, Local Union 439 elected five delegates and two alternate delegates to the IBT convention[1].  The winning slate, named Stability Through Solidarity, was led by Alex Parra.  The election concluded on April 22, 2016.

At a general membership meeting on April 20, 2016, Parra proposed and the membership adopted a motion to purchase shirts at local union expense for a coming contract campaign at Safeway, a large employer under the local union’s jurisdiction.  The motion had broad support, including from protestor Moreno.

Following the vote, Moreno saw the shirt design for the first time and filed this protest, alleging that the design was an “exact replica” of the one Parra’s slate used during the delegates and alternate delegates election.  As such, the protest alleged that the purchase of the shirts would constitute impermissible support by the local union for Parra’s slate. 

The two shirts had similarities but were not identical.  Thus, both were printed on black fabric with red and white graphics and lettering.  Where the slate’s campaign shirt recited the slate’s name, “Stability Through Solidarity,” the contract shirt read “Solidarity 2016 Safeway Contract.” 

The local union’s principal officer told our representative that under local union bylaws, the general membership does not have authority, acting in the first instance, to authorize an expenditure such as the purchase of shirts.  Rather, that authority is reserved to the local union executive board, which determines whether to authorize the expenditure and, if so, sets the details as to vendor, design, and the number to be purchased.  The bylaws permit the board’s action to be presented thereafter for ratification or rejection by the membership.  Accordingly, the vote of the general membership on April 20 to purchase shirts for the Safeway contract campaign in a design not displayed to the membership did not constitute authorization to make the purchase, according to the principal officer.

Exercising its authority under the local union bylaws, the local union executive board voted on May 18, 2016 not to purchase the shirts with the Parra design.  Subsequently, the executive board voted to purchase shirts for the Safeway contract using a design that was not similar to any shirt design used during the delegates and alternate delegates election.  This resolution was ratified by the membership at a general membership meeting. 

Accordingly, we DENY the protest as MOOT.

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 347

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