October 13, 1995
VIA UPS OVERNIGHT
Consuelo Herrera
October 13, 1995
Page 1
Consuelo Herrera 6054 Rebecca Lane Riverbank, CA 95368
Elva Resendez 1316 D Street Oakdale, CA 95361
Mario Guzman 2821 Carmella Way Modesto, CA 95355 |
| Solonia Jones 10606 Pioneer Avenue Oakdale, CA 95361
Ron Ashlock, Secretary-Treasurer Teamsters Local Union 748 1222 I Street Modesto, CA 95354
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Consuelo Herrera
October 13, 1995
Page 1
Re: Election Office Case No. P-168-LU748-CCV
Gentlepersons:
A pre-election protest was filed pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Consuelo Herrera, a member of Local Union 748 who was a candidate for delegate to the International Convention from her local union. The protester alleges that she was intimidated and harassed by co-worker and fellow Local Union 748 member Elva Resendez and by Local Union 748 Recording Secretary Solonia Jones in retaliation for campaign activity, in violation of the Rules. Ms. Herrera further alleges that her husband, also a member of Local Union 748, was harassed by co-worker Mario Guzman in retaliation for Ms. Herrera’s campaign activity, in violation of the Rules.
Ms. Resendez, a candidate for delegate, denied threatening or harassing Ms. Herrera. She stated that she was, in fact, supporting Ms. Herrera’s candidacy and claims she is a good friend of the protester.
Consuelo Herrera
October 13, 1995
Page 1
Ms. Jones, who was also a delegate candidate, denies threatening or harassing the protester. She admits, however, that she was upset with Ms. Herrera because of an incident that occurred during the local union offices election.
The protest was investigated by Regional Coordinator Donald Twohey.
Article VIII, Section 11(a) of the Rules declares that all local union members retain the right to participate in campaign activities, including the right to run for office. The Rules also prohibit retaliation for exercising any right guaranteed under the Rules. Article VIII, Section 11(f).
The protester provided the Election Officer with no direct evidence of threats or harassment, nor did the investigation disclose information that corroborated the protester’s allegations. The only evidence produced by the investigation indicated that any threats made by Ms. Jones to Ms. Herrera arose as a result of their candidacies for local union office. Local union officer campaigns and elections fall outside the jurisdiction of the Election Officer. As a result, an insufficient factual basis exists for finding a Rules violation related to the delegate election supervised by the Election Officer.
Based upon the foregoing, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001. Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Donald Twohey, Regional Coordinator
Consuelo Herrera
October 13, 1995
Page 1