OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JOSEPH ESPOSITO, ) Protest Decision 2021 ESD 49
) Issued: January 28, 2021
Protestor. ) OES Case No. P-056-011621-ME
____________________________________)
Joseph Esposito, member and vice president of Local Union 623, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that his car tires were slashed in retaliation for activity protected by the Rules.
Election Supervisor representative John Pegula investigated this protest.
Findings of Fact and Analysis
Local Union 623 held its nominations meeting for the delegates and alternate delegates election on Saturday, January 16, 2021, at 10 a.m. at the local union hall in the city of Philadelphia PA. When Esposito walked out to his car that morning, parked in the driveway of his home in suburban Philadelphia, he found that the front and rear tires on the driver’s side each had a 3- to 4-inch slash in the sidewall, apparently made with a knife; both tires were flat. Esposito did not observe any other damage to the vehicle. Esposito used his wife’s car to drive to the nominations meeting, where he was successfully nominated for delegate.
Esposito has been a member of Local Union 623 for some 27 years. He has served as vice president since January 2020. He also served as business agent for the local union until April 2020, when he was removed from that position by local union president Richard Hooker. He and Hooker are on opposing slates in the upcoming delegates and alternate delegates election.
Esposito reported the incident to local police. Investigation is ongoing but thus far has not identified any suspect in the incident. Hooker, the local union president, denied to our investigator knowledge of or involvement in the incident. At present, any link between the incident and political retaliation is strictly inferential, based on timing – the incident occurred immediately preceding the nominations meeting – and political discord among members of the local union executive board.
Esposito has the right to run for delegate. Article VII, Section 12(g) prohibits interference with or retaliation on account of the exercise of rights, including the right to run for delegate. Vandalism of the type described here can constitute a Rules violation if a connection is established between the exercise of rights and the vandalism.
We DENY this protest WITHOUT PREJUDICE because there presently is insufficient evidence to establish the connection between Esposito’s candidacy and the vandalism. Should further evidence be produced, the matter may be reopened.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 49
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Joseph Esposito
Joeespo1974@yahoo.com
Teamsters Local Union 623
c/o Richard Hooker, Secretary-Treasurer
Richard.hooker@teamsterslocal623.org
Peter Marks
pmarks@ibtvote.org
John Pegula
jpegula@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com