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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: FRED ZUCKERMAN,                      )           Protest Decision 2015 ESD 18

                                                                        )           Issued: August 11, 2015

            Protestor.                                           )           OES Case No. P-003-060115-FW                 



            In Zuckerman, 2015 ESD 8 (corrected) (July 16, 2015), we found that Robert Stansbury violated the LMRDA by conducting surveillance of persons attending an event that promoted the candidacy for International office of protestor Zuckerman.  The remedy for this violation included posting a notice in English and Spanish on all worksite bulletin boards under the jurisdiction of Local Union 396.  The English language notice was attached to the corrected decision issued July 16.  The Spanish language notice was issued to all interested parties on July 21.


            On August 7, 2015, we made a compliance inquiry of Local Union 396 with respect to the notice posting.  In response, the local union submitted to our offices a declaration attesting that the English language notice was posted on all required bulletin boards within the three days directed in the corrected decision.  However, the local union also advised us on August 7 that the Spanish language notice, emailed to the local union at its general email mailbox on July 21, was not discovered by any local union representative or employee until August 7, the date of our compliance inquiry.  We were advised that posting of the Spanish language notice would be undertaken forthwith and completed promptly.[1]


            Under these circumstances, we direct that the period of posting of both the English language and Spanish language notices be extended on all worksite bulletin boards under the jurisdiction of Local Union 396 to September 21, 2015, three weeks longer than the period ordered in our original decision, to insure that members have reasonable opportunity to view the notice.  In ordering the extended posting period, we reject as unwarranted the request of Teamsters United that the notices be mailed to every member of Local Union 396 at the local union’s expense.


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


620 Eighth Avenue, 34th floor

New York, NY 10018



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 17th Street, N.W., Suite 350, 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

            2015 ESD 18





Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001


David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036


Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128


Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207


Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217


Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001


Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001


David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202


Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209

Robert Stansbury

1817 Blazing Star Drive

Hacienda Heights, CA 91745


Teamsters Local Union 396

880 S. Oak Park Rd, Suite 200

Covina, CA 91724


Michael Miller

P.O. Box 251673

Los Angeles, CA 90025-1673


Deborah Schaaf

1521 Grizzly Gulch

Helena, MT 59601


Jeffrey Ellison

214 S. Main Street, Suite 210

Ann Arbor, MI 48104


[1] The local union remains required by the existing remedy to submit affidavit proof of its compliance with the posting of the Spanish language notice.