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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: FRANK HALSTEAD,                   )           Protest Decision 2016 ESD 249

                        )           Issued: June 16, 2016

            Protestor.                                           )           OES Case Nos. P-282-050616-FW   



Frank Halstead, member and delegate candidate in Local Union 572, 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 the Middleton slate used union and employer resources in violation of the Rules by placing “robo calls” to employees on land-line work phones, which they received while working.


            Election Supervisor representative Deborah Schaaf investigated this protest. 


Findings of Fact and Analysis


            The protestor presented evidence of one instance where a Middleton slate robo call was recorded on an employer-provided land-line.  Neither the protestor nor the person whose employer-provided voicemail contained the message could identify any additional evidence that robo calls had been directed to members at work.


            Investigation showed that the Hoffa-Hall 2016 campaign generated a list of Local Union 572 members’ home phone numbers for use in placing robo calls, which are recorded calls distributed in bulk by a commercial vendor engaged for that purpose.  In purchasing the “phone match” service, the campaign instructed the vendor to exclude employer and cell phone numbers.  The campaign then funded a recorded call to members’ home numbers of Middleton requesting their support.


We requested and received the list of phone numbers the campaign used to transmit the robo call.  We did not divulge to the campaign the identity of the person who received the robo call in question or that person’s phone number before receiving the list.  The work phone number of the person on whose voicemail the Middleton robo call was received did not appear on the list the campaign provided.  We conclude that the message that appeared on the member’s work voicemail came to be there not because of a direct call by the campaign to that number but through some other means, which might be a standing call forwarding arrangement from another number to the work number or because a person who received the call at a residential voicemail box forwarded it electronically to the work voicemail box.


            On the facts presented, we find no evidence that the campaign directed a robo call to a work phone number.  Therefore, we DENY this protest.


            The campaign requested a finding that the protestor fraudulently caused the Middleton robo call message to be transmitted to the work voicemail in question to support the conclusion that the campaign violated the Rules.  Insufficient evidence exists to support this conclusion, and we DENY the campaign’s request as well.


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 249



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


Frank Halstead


Teamsters Local Union 572

450 E. Carson Plaza Dr.

Carson, CA 90746


Liz Rosenfeld

Wohlner Kaplon Cutler Halford & Rosenfeld

16501 Ventura Blvd., Suite 304

Encino, CA  91436


Rick Middleton

For Members with Rick Middleton


Lourdes Garcia


Michael Miller

P.O. Box 251673

Los Angeles, CA 90025


Deborah Schaaf

1521 Grizzly Gulch

Helena, MT 59601


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104