Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: REUBEN MORENO,                     )           Protest Decision 2016 ESD 357

                                                                        )           Issued: December 30, 2016

            Protestor.                                           )           OES Case No. P-011-070815-FW     

____________________________________)                      

Reuben 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 he was subjected to internal union charges for the purpose of rendering him ineligible to run for delegate to the IBT convention.   

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Protestor Moreno was a business agent employed by Local Union 439 until new officers assumed leadership of the local union in January 2015.  At that time, his employment with the local union was terminated.  Moreno registered on the Out of Work Construction List (OOWCL) in which Local Union 439 and several other Teamster local unions in northern California participate.  He paid required dues on a timely basis during the period following cessation of his employment by the local union.

Local Union 439 held its nominations meeting for the delegates and alternate delegates election on February 17, 2016, some thirteen months after Moreno’s employment as a business agent ended.  Moreno was nominated for delegate.  His eligibility for that nomination was protested by Ken Guertin, the local union’s principal officer.  We held Moreno eligible for nomination, and the Election Appeals Master affirmed that decision.  Eligibility of Moreno, et al, 2016 ESD 124 (February 27, 2016), aff’d , 2016 EAM 12 (March 4, 2016).  Moreno competed in the delegates and alternate delegates election but was not elected.

On July 8, 2015, more than seven months before the nominations meeting, Moreno filed this protest, alleging “an open attack against me by the current administration of Teamsters Local 439.”  Specifically, he complained that the current administration has “filed e-board charges against me for helping another member file e-board charges” against some of the current officers of the local union.  The protest further asserted that the purpose behind the charges was “to put a ban on allowing me to run for delegate and office.”  The internal charge against Moreno, filed by Greg Lucero on May 22, 2015, was initially scheduled for hearing on July 15, 2015.  It read as follows:

On April 10, 2015, Rueben Moreno filled out a citation against me and Jon Formati accusing us of making “inappropriate and disparaging” remarks against Ashley Alvarado, Secretary-Treasurer of Local 601, and Rome Aloise (International Vice President at large, Sec-Treasurer Teamsters Local 853, President Joint Council 7).  The citation was then signed by Gary Parker who the citation claimed was an eye witness to these remarks.  Gary Parker has since withdrew [sic] these charges and stated that they were made up allegations for Reuben’s own agenda.

Moreno responded to the Lucero’s internal charge by filing this protest, requesting a postponement to a more convenient hearing date on the charge, and making other requests.  The hearing on the charge was postponed indefinitely and has never been conducted.

Given our holding in Eligibility of Moreno that Moreno was eligible to stand for delegate and in fact competed in that election, we need not decide whether the internal union charge – which has never been heard – was filed for the purpose of rendering him ineligible for nomination.

Accordingly, we DENY this 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 357

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