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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: JASON FRY,                                   )           Protest Decision 2016 ESD 181

                                                                        )           Issued: April 27, 2016

            Protestor.                                           )           OES Case No. P-174-021716-ME     



Jason Fry, member and alternate delegate candidate in Local Union 908, filed a pre-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that supporters of Teamsters United Local 908 slate campaigned inside employer premises, conduct the protest alleged violated the Rules. 


Election Supervisor representative Dan Walsh investigated this protest. 


Findings of Fact and Analysis


            Local Union 908 is entitled to elect one delegate and one alternate delegate to the IBT convention.  At its nominations meeting held Saturday, January 9, 2016, two delegate candidates and two alternate delegate candidates were nominated.  Local union president Brian VanMetre and local union secretary-treasurer Jason Fry, candidates for delegate and alternate delegate, respectively, formed the Local 908 Working as One for All slate.  Chris Pittman and Doug Plassman, respectively candidates for delegate and alternate delegate, formed the Teamsters United Local 908 slate.  The tally conducted March 4 showed that the candidates on the Working as One slate polled more votes than those on the United slate.  On 306 ballots counted, VanMetre tallied 34 more votes than Pittman, and Fry 32 more than Plassman.


            We deferred decision on this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).  We may remedy violations found in post-election protests only where the conduct may have affected the results of the election.  Article XIII, Section 3(b).  As both candidates on protestor Fry’s slate won the positions they sought, we need not decide whether the conduct Fry alleged gave the opposing slate an advantage or benefit prohibited by the Rules because Fry’s slate prevailed notwithstanding this alleged advantage or benefit.


Accordingly, we DENY this protest.


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 181



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


Chris Pittman


Dan Arnold


Jason Fry


Local Union 908

Box 1806

800 St. Johns

Lima, OH 45802


Lia Lockert


Dan Walsh

950 Duxbury Court

Cincinnati, OH 45255


John Pegula

1434 Greendale Dr

Pittsburg, PA 15239


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104