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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 337

                                                                        )           Issued: December 2, 2016

            Protestor.                                           )           OES Case No. P-393-101916-SO     



Teamsters United 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 ABF violated the Rules by permitting the posting of a Hoffa-Hall 2016 pole sticker on its fence and Hoffa-Hall 2016 violated the Rules by accepting the alleged employer contribution.


            Election Supervisor representative Dolores Hall investigated this protest.


Findings of Fact and Analysis


The protest, filed October 19, 2016, included photos depicting a single, red Hoffa-Hall 2016 pole sticker with black lettering, affixed approximately 4½ feet above grade to a capped, seven-foot, 6 5/8”-diameter, 0.28 gauge galvanized gate post that supported a portion of the chain-link gate across the 36-foot wide asphalt drive at the southeast entrance to ABF’s terminal in Lawrenceville, GA.


The sticker was alleged to be an employer contribution to the Hoffa-Hall 2016 campaign.


Our representative contacted the terminal manager on October 19, the date the protest was filed.  The terminal manager found and removed the sticker the same date and provided photographic proof of its removal to our representative.  The terminal manager stated that “the sticker could not have been up there too long because it peeled right off.”


We have held the posting of campaign material on employer property to be an improper endorsement of a candidate by an employer.  Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016).  However, the prompt removal of the improper endorsement has often been held sufficient remedy for the protest. Id. See also, Halstead, 2006 ESD 386 (October 26, 2006); Wright, 2006 ESD 361 (October 2, 2006); Leedham Slate, 2006 ESD 301 (July 5, 2006); Halstead, 2005 ESD 31 (June 6, 2005); Domeny, 2001 EAD 499 (October 5, 2001); Speak, 2001 EAD 239 (March 14, 2001). 


We deem this protest RESOLVED based on the prompt removal of the sticker.


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 337



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 728

2540 Lakewood Ave SW

Atlanta, GA 30315


Dolores Hall

1000 Belmont Pl

Metairie, LA 70001


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104