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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: GREG THATCHER,                     )           Protest Decision 2016 ESD 174

                                                                        )           Issued: April 15, 2016

            Protestor.                                           )           OES Case No. P-258-041216-CN     



Greg Thatcher, member of Local Union 938, filed a pre-election protest requesting a new investigation of the facts underlying our decision in Certain Accreditation Petitions from Local Union 938, 2016 ESD 150 (March 21, 2016).  The anonymous protest in that case alleged, inter alia, that union resources were used to obtain Social Insurance Numbers needed to complete accreditation petitions that were circulated among members of the local union. 


Based on our investigation in that case, we found “that scores if not hundreds of petition signatures collected from Local Union 938 members lacked SIN numbers supplied by the signer.  However, we lack sufficient evidence to prove that the SIN numbers were obtained from union or employer records, absent a cooperating witness.  Accordingly, we find no violation of the Rules for impermissible use of union or employer resources to support a candidate.”  Separately in that case, we invalidated fifteen accreditation petitions containing some 159 signatures for the Hoffa-Hall 2016 slate because the person listed as the petition circulator on those petitions did not, in fact, circulate them.  We also concluded that subtracting those 159 signatures from the totals submitted by the Hoffa-Hall 2016 slate did not impair the accreditation of the candidates on that slate that we granted on August 28, 2015.


In the instant protest, Thatcher seeks a new investigation of whether union or employer resources were used to supply SIN numbers, “due to new information and witnesses coming forward.”


We DENY this protest as untimely filed.  The alleged violation occurred in July and August 2015 and has been the subject of a lengthy and exhaustive investigation that included multiple witness interviews and sworn examinations.  Based on that investigation, we made findings of fact and issued a decision.  No appeal was taken from that decision and it is, therefore, a final and binding determination under the Rules with respect to this issue.


Whether the protestor has recourse under Canadian law to pursue an allegation of breach of data privacy is beyond our jurisdiction.


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 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 174



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


Greg Thatcher


Teamsters Local Union 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8


Tracey Henry

Cavalluzzo Shilton McIntyre Cornish LLP

474 Bathurst Street, Suite 300

Toronto, Ontario  M5T 2S6


Jack Sullens

462 Sandpoint Ct

Windsor, ON N8P 1S3


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104