Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RUBEN MORENO,                                    )           Protest Decision 2016 ESD 348

                                                                        )           Issued: December 16, 2016

            Protestor.                                           )           OES Case No. P-268-042216-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 Richard Andazola was ineligible to vote in the delegates and alternate delegates election.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Local Union 439 was entitled to elect five delegates and two alternate delegates to the IBT convention[1].  At the tally of ballots conducted April 22, 2016, the protestor challenged the eligibility of Richard Andazola to vote in the election.  Andazola was mailed a ballot and, upon his request, was also mailed a duplicate ballot.  A ballot return envelope was received from Andazola. 

Investigation at the tally caused election officials to sustain the challenge and find Andazola ineligible to vote.  Accordingly, his ballot return envelope was not opened and counted.  The investigation showed that Andazola voluntarily transferred to Local Union 856 on February 16, 2016 and commenced work under its jurisdiction as a business representative.  He paid dues to that local union beginning in March 2016.  The IBT constitution, at Article XVIII, Section 1, states that “[i]t shall be compulsory for a member to maintain or establish membership in the Local Union under whose jurisdiction he is working.”  This provision required Andazola to establish and maintain membership in Local Union 856.  As he no longer had employment under the jurisdiction of Local Union 439 following his transfer to Local Union 856, he was not eligible to vote in Local Union 439’s delegates and alternate delegates election, and his ballot was properly challenged.

Given the decision of election officials at the tally of ballots to sustain the challenge to Andazola’s ballot, we deem this protest 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 348

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