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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: FRED ZUCKERMAN,                   )           Protest Decision 2016 ESD 331

                                                                        )           Issued: November 18, 2016

            Protestor.                                           )           OES Case No. P-395-101916-ME     



Fred Zuckerman, candidate for IBT General President, 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 a Hoffa-Hall 2016 campaign flyer was impermissibly posted on a union bulletin board at a UPS facility


            Election Supervisor representative Dan Walsh investigated this protest.


Findings of Fact and Analysis


            The protest alleged that a Hoffa-Hall 2016 campaign flyer was posted behind the glass of a locked union bulletin board in the feeder driver area of UPS’s Middleburg Heights, OH facility.  Investigation showed that Jim Anzalone, a steward at the facility responsible for maintaining the union bulletin board, among other duties, posted the flyer late in the week of October 10 to 14, 2016.  The protest was filed in the evening of October 19, 2016 and was acknowledged by our office on October 20.  That same day, Local Union 407 president Dennis Roberts received the protest, learning for the first time that a campaign flyer had been posted on the union board.  He took immediate action to have the flyer be removed, and it was removed that same day.  He told our representative that the person who posted it should have known better than to do so.


            Anzalone told our representative he obtained the flyer from members campaigning in the facility’s parking lot, and he posted it on the board with no thought that it may violate the Rules or the UPS-IBT collective bargaining agreement that limits postings on the board to official union notices.  After speaking with local union president Roberts and our representative, Anzalone stated that he would not post campaign material on the board in the future.


            Although we find that the material was posted on the board impermissibly, we conclude that it was promptly removed once protested, the duration of its posting was brief, and the time remaining for counter-campaigning was substantial.  Accordingly, we deem this protest RESOLVED with the removal of the flyer and the perpetrator’s promise not to engage in such conduct going forward.


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 331



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


Teamsters Local Union 407

3320 Superior Avenue

Cleveland, OH 44114-4123


Dan Walsh

950 Duxbury Court

Cincinnati, OH 45255


John Pegula

1434 Greendale Dr.

Pittsburgh, PA 15239


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104