OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: SEAN O’BRIEN & ) Protest Decision 2025 ESD 4
FRED ZUCKERMAN )
) Issued: Sept. 11, 2025
)
Protestor. ) OES Case No. P-003-072225-AT & P-005-080725-
) AT
)
)
INTRODUCTION
Edward Gleason, Jr., on behalf of Sean O’Brien, Fred Zuckerman and the Teamsters United 2026 slate for the International Brotherhood of Teamsters 2026 International Union Delegate and Officer Election (“Election”), filed two pre-election protests[1] pursuant to Article XIII, Section 2(b) of the Rules for the Election (“Rules”). These were consolidated for investigation and decision.
The protestors charge that Richard Hooker, the Secretary Treasurer and Principal Officer of Teamsters Local 623 (“Local 623”), and a declared candidate for General President in the Election, the Fearless 2026 slate, and Local 623 violated Article XI, Section 1(b)(3), Article XI, Section 1(b)(6), and Article VII, Section 8 of the Rules. They allege that the use of Local 623 funds, resources and/or other “things of value” promoted Mr. Hooker and the Fearless 2026 slate campaign for the Election through 1) a digital advertising campaign; 2) two articles published in Phillyburbs.com; 3) Local 623’s sponsorship of iHeart Media in connection with Mr. Hooker’s announcement of candidacy; and 4) Fearless 2026 slate’s appropriation of a Local 623 slogan “Dues make you a member, actions make you a Teamster.”
The Office of the Election Supervisor’s Joe Childers investigated these protests. The investigation included interviews of Edward Gleason, who filed the protests on behalf of the protestors, IBT Deputy Chief of Staff Bret Caldwell who received the digital advertisement, two representatives of the media company administering the digital advertising campaign, LocaliQ/USA Today (“LocaliQ”), an organizer for Joint Council 53, an attorney representing Joint Council 53, and Mr. Hooker, as well as a review of all materials submitted by interested parties and persons interviewed in connection to this protest and the OES’s independent investigation.
BACKGROUND
P-003 - Local 623’s Digital Advertising Campaign
In March 2025, Local 623 began discussions with LocaliQ to conduct a digital advertising campaign targeting blue collar workers in the Philadelphia area. As set forth in LocaliQ’s Marketing Proposal to Mr. Hooker, as Secretary Treasurer and Principal Officer, and Clarence Bagby, as President of Local 623, the purpose of the advertising campaign is to increase the visibility of Local 623 amongst Philadelphia blue collar workers, particularly Amazon workers, educate Philadelphia Amazon facilities workers on the importance of unionizing, to get Philadelphia Amazon facilities workers to bring a vote to join Local 623, and grow membership. This advertising campaign consisted of a single digital ad for Local 623 in several different sizes and layouts (the “Local 623 Ad”). The Local 623 Ad reads, “Being part of a union today is more important now than EVER!”[2] The Local 623 Ad explicitly references Local 623, its address, email address, and telephone number. There is also a button, “Click here for details.” If clicked, the viewer is directed to the Local 623 website homepage. The Local 623 website homepage offers various options to learn more about the local including who the business agents are and the benefits of joining the Teamsters union.
The Local 623 Ad does not include a photograph of Mr. Hooker or otherwise reference him specifically. There is no explicit or implicit reference to Mr. Hooker’s campaign, the Fearless 2026 slate, or the Election. Additionally, Mr. Hooker’s name does not appear on the Local 623 homepage viewers are directed to when the “Click here for details” button is clicked. There is no reference to Mr. Hooker’s campaign, the Fearless 2026 slate, or the Election on that page. There is a photograph of Mr. Hooker with his official title listed elsewhere on the Local 623 website but, one must navigate to the “Teamsters 623” tab, and then to the “Leadership and Business Agents” tab to see it.
LocaliQ began running this advertising campaign on April 1, 2025 and it is scheduled to run until March 31, 2026. As set forth in LocaliQ’s proposal, the campaign is “geofenced” meaning that it targets persons located within the 25-mile radius of eight Amazon facilities in the Philadelphia area.[3] This means that anyone with their “location services” enabled on their smartphone who is physically located within this geofenced area can be targeted, even after they leave the area. The digital advertising campaign is designed specifically to target workers in these areas to drive them to Local 623’s website in order to increase its membership.
On July 16, 2025, Mr. Caldwell, who lives in Leesburg, Virginia, was reading articles on his laptop when the Local 623 Ad popped up. On July 21, 2025, he was in Washington, D.C. reading a story on Fox News when another Local 623 Ad popped up. Later that same day, another Local 623 Ad appeared while he was reading news articles. The next day, July 22, 2025, Mr. Caldwell stated that he was reading a story about a Michigan college forum on the 50th anniversary of the disappearance of Jimmy Hoffa when the Local 623 Ad appeared again.[4] Mr. Caldwell stated that he traveled to Philadelphia earlier in the month, around the July 4th holiday. He did not have a laptop computer with him at that time but had his cell phone with him. He acknowledged that he did not know of anyone else outside Philadelphia who had received a pop-up of the Local 623 Ad. Based on the information from LocaliQ about the 25-mile radius geofencing location, it appears that Mr. Caldwell received the Local 623 Ad because he had previously been physically present in that radii.[5]
Mr. Caldwell stated that Local 623 does not have jurisdiction to organize Amazon workers in Philadelphia. It is his understanding that Local 623 is primarily a UPS local and that to organize Amazon workers, Local 623 would have to obtain approval from Joint Council 53. Mr. Hooker stated Local 623 has made efforts to get Amazon workers to join their local including running the digital advertising campaign and allowing the Joint Council 53 organizer of Amazon workers to use Local 623’s union hall every other Friday from May through June for meetings with Amazon workers. Michael Cristinzio, who is employed by Local 107, is assigned as the organizer for Joint Council 53 for the Amazon campaign. He confirmed that he is the only IBT organizer in the Philadelphia area currently attempting to organize Amazon workers. He held meetings at Local 623’s union hall on May 16th, May 30th, June 6th, and June 13th with Amazon workers. He later moved the meetings to Joint Council 53’s office for more privacy. He also stated that he conducts volunteer opportunity trainings for rank-and-file Teamsters in the Philadelphia area, including Local 623 members, to assist in the Amazon organizing campaign. Tom Kohn, the Joint Council’s attorney, stated that the Joint Council executive board has not yet decided which Philadelphia local would house Amazon workers if the organizing drive is successful. Cristinzio noted that was still a long way off.
P-005 – Phillyburbs.com, iHeart Podcast and the slogan, “Dues make you a member, actions make you a Teamster”
On May 22, 2025, an article titled “Philadelphia-based union organizes to fight overwork and score wins for workers,” was published in phillyburbs.com (the “May 2025 Article”). The article discusses Local 623’s engagement in campaigns to improve working conditions and expand union representation in Philadelphia, how Local 623 challenged UPS about working conditions, the successful negotiation of a contract for a local school bus company, and efforts to organize and add new members. The May 2025 Article includes quotes from Mr. Hooker related to these official union acts. There is also a statement about “the effectiveness of Teamsters Local 623 under Hooker’s leadership,” and a photograph of Mr. Hooker with the following description under it, “Teamsters Local 623 secretary-treasurer and principal officer Richard Hooker Jr. speaks at a rally. Photo Provided By Teamsters Local 623.” The article includes a link that, if clicked, leads the reader to the Local 623 homepage. There is no reference to the Election in the May 2025 Article or on the Local 623 homepage.
On June 15, 2025, a podcast titled, “Teamster Power Reality Check,” hosted by Jeff Schenfeld and Garfield Hooper was posted online on iHeart.com (the “Podcast”). About three minutes into the interview, Mr. Hooker announced that he would be running in the Election then he went on to discuss other matters. Later, Mr. Hooker and the podcasters discussed Mr. Hooker’s candidacy for about ten minutes. Mr. Gleason stated that the protestors did not learn of the Podcast until early August and subsequently filed the protest on August 6, 2025.
On June 24, 2025, Mr. Hooker announced his candidacy for General President in the Election publicly in an interview with Steve Zeltzer, WorkWeek, posted on YouTube. On July 24, 2025, the Fearless 2026 slate submitted its slate declaration form to the OES, which was posted on the OES website that same day.
On August 4, 2025, an article titled, “More than a union: Building the Local 623 family” was posted on phillyburbs.com (the “August 2025 Article”). This article discusses Local 623’s efforts to grow and unite members, its ongoing efforts with UPS and how it is “a testament to the strength of collective action” and Local 623’s understanding of the importance of community and comradery. It discusses Local 623’s efforts to bring Amazon workers into the union noting how it “presents a major challenge.” The August 2025 Article also includes a link to the May 2025 Article and three links that, if clicked, all lead the reader to the Local 623 homepage. There is no reference to the Election in the August 2025 Article or on the Local 623 homepage. Mr. Hooker stated that Local 623 has never paid phillyburbs.com any money.
Mr. Hooker stated that years ago, he coined the slogan “Dues make you a member, actions make you a Teamster.” Local 623 uses this slogan. For example, the slogan is used in at least three Facebook posts posted by “Teamsters Local 623,” which is maintained by Local 623:
1) Teamsters Local 623 posted a video with the following caption: “We are in a war against capitalism. With an anti-labor administration coming in, it is paramount that every worker stands together in solidarity. Today at our 3E meeting we spoke about the importance of being engaged, empowered & educated. Labor produces mass profits. It also produces unlimited capital. That’s why labor ‘Runs this town’ #Oneuniononefamily #weaponizesolidarty ‘Dues make you a member, actions make you a Teamster’” (emphasis added).
2) On January 8, 2025, Teamsters Local 623 posted “Mark your calendar for this upcoming meeting. We had a very informative & productive ‘3E’ meeting on January 5th. We are looking to continue & build off of it. Make plans to attend. #oneuniononefamily ‘Dues make you a member, actions make you a Teamster’” with an image stating the date and time of the meeting (emphasis added).
3) On June 23, 2025, Teamsters Local 623 posted “Happy 623 day to all of our 623 members. #oneuniononefamily #weaponizesolidarity ‘Dues make you a member, actions make you a Teamster’” along with an image stating, “Teamsters 623 Day” over the Teamsters logo (emphasis added).
Notably, in one of the images included in the video posted in the first Facebook post described above, two individuals are standing in front of a wall with the Teamsters Local Union No. 623 banner at the top and directly below in large print the slogan “Dues make you a member, Actions make you a Teamster” appears to be displayed on the wall. Mr. Hooker stated that Local 623 is not the only local that has used this slogan.
At the bottom of the Fearless 2026 slate website, it includes in big letters, “Dues make you a member, actions make you a Teamster” attributed to Mr. Hooker. However, Mr. Hooker stated that the official slogan for the Fearless 2026 campaign is “MORE POWER, NO FEAR.” which is included in the Fearless 2026 slate website along with the statements, “BE FEARLESS” and #BEFEARLESS.
ANALYSIS
The Rules prohibit use of union funds, facilities, equipment and personnel “to assist in campaigning.” Art. VII, Section 12(c). Art. XI, Section 1(b)(3) prohibits a candidate from accepting or using a contribution of “anything of value” from the union “where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election.” of the candidate and prohibits any candidate from accepting or using such contribution. Article XI, Section 1(b)(3). Art. XI, Section 1(b)(6) prohibits the use of union “funds or other things of value” directly or indirectly “to promote the candidacy of any individual.” Art. VII, Section 8(a) prohibits any publication or communication that is “financed, sponsored or used, directly or indirectly, by a Union (including any social media site)” to support or attack any candidate or the candidacy of any person.
Digital Advertising Campaign
It appears that the basis for the protest related to the Local 623 Ad arises from the speculation that because Local 623 does not have jurisdiction over the Amazon membership campaign, Mr. Hooker 1) is using the Local 623 Ad campaign to “enhance his name” beyond the Philadelphia area, and 2) may be using the Local 623 Ad campaign as a “first step” for him to gain IP addresses for persons he can later target with political ads. These statements are speculative and conclusory and lack factual support.
While Joint Council 53 is responsible for the Amazon membership campaign, the Joint Council executive board has not made a decision as to which Philadelphia local would house the Amazon workers. It is clear based on the cooperation in hosting meetings and the Local 623 advertising campaign, that Local 623 is taking steps to potentially be that local. It is not unusual, and locals are encouraged to take steps to increase membership—just as Local 623 is here. More importantly, there is no evidence to prove that the motivation behind these efforts is to promote Mr. Hooker and the Fearless 2026 slate in the Election.
The content of the Local 623 Ad is consistent with Mr. Hooker’s stated purpose of the advertising campaign—to target workers in areas around the Amazon facilities in Philadelphia to drive them to Local 623’s website, educate on the importance of unionizing, get them to vote to join Local 623 and grow its membership. This is official union business not related to the Election. This purpose has been articulated since well before Mr. Hooker announced his candidacy (as set forth in LocaliQ’s proposal) and is consistent with the statements by the two employees of LocaliQ, both of whom were credible independent witnesses.
As set forth above, the Local 623 Ad does not explicitly or implicitly reference or refer to Mr. Hooker, his campaign, or the Election. Nor does Local 623’s homepage, where viewers are directed to by the Local 623 Ad. See e.g., Halstead, 2010 ESD 8 (July 26, 2010) (finding the use of certain photographs where the subjects of the photograph were wearing stickers supporting candidates that were plainly visible and “a notable feature” a violation of the Election Rules). The Local 623 Ad campaign began April 1, 2025, months before Mr. Hooker announced his candidacy and before the Fearless 2026 slate submitted its slate declaration. The advertising campaign is scheduled to run through March 31, 2026, a date that does not appear to correlate with the Election in any meaningful way.[6] The fact that the Local 623 Ad has likely increased the awareness and visibility of the local that Mr. Hooker is principal officer of, which consequently may have elevated the presence of Local 623 or Mr. Hooker, is not sufficient to establish a violation of the Rules. See Art. XIII, Section 1 (it is the burden of the protestor to present evidence that a violation occurred). This is particularly so where, as here, the decision to run the Local 623 Ad campaign and the campaign itself began months before Mr. Hooker announced his candidacy in the Election.
Simply put, there is no evidence that the purpose or foreseeable effect of the Local 623 Ad is to influence Mr. Hooker or the Fearless 2026 slate in the Election or that it directly or indirectly promotes his candidacy in violation of the Rules.
Phillyburbs.com Articles
The May 2025 Article was published approximately one month before Mr. Hooker’s announcement as a candidate in the Election and even longer before the formation of the Fearless 2026 slate. See Pope, 2000 EAD 4 (August 1, 2000), aff’d, 00 EAM 3 (August 29, 2000) (for Article VII, Section 8(a) to be implicated, in the first place, a finding of candidacy must be made); Martin, P10 (July 27, 1995), aff’d, 95 EAM 18 (October 2, 1995) (same). Both the May 2025 and August 2025 Articles[7] recognize the efforts Local 623 has made in support of its members designed to increase awareness of and membership at Local 623 including Mr. Hooker’s role as Local 623’s principal officer.[8] Notably, neither article references Mr. Hooker’s candidacy, the Fearless 2026 slate, or the Election. The protestors point to the fact that both articles mention Local 623’s efforts to organize Amazon workers because he does not believe that Local 623 has jurisdiction to do so. This issue is addressed above. Speculation that discussions about trying to organize Amazon workers are being made in an effort to “enhance” Mr. Hooker’s name and recognition of the Local 623 without more is insufficient to establish a violation of the Rules.[9] We find the content of these articles to be factual reports of newsworthy events and matters concerning official union business not a violation of the Rules. See e.g., Hicks, 2006 ESD 110 (March 2, 2006).
Local 623’s sponsorship of iHeart Media[10]
The Podcast, on which Mr. Hooker announced he was planning to run in the Election, was posted online and available to the public on June 15, 2025. Mr. Hooker subsequently announced his candidacy in the Election on June 24, 2025. On July 24, 2025, the Fearless 2026 slate submitted its slate declaration, a copy of which has been posted on the OES website since July 24, 2025. The protest raising allegations concerning the Podcast was filed on August 6, 2025—over 50 days after the Podcast was posted publicly. The protesters stated that they did not learn of the Podcast until early August; however, based on all of the circumstances, we find that they reasonably should have known about it earlier. See PR-112-LU206-EOH (June 2, 1998) (the Election Officer found the protest filed months after the subject article was published on paper and online untimely because “[t]he Election Appeals Master has stated that ‘long public exposure’ of a fact justifies the inference of constructive knowledge.”)(quoting In re Heiman, 96 - Elec. App. - 172 (KC) (April 18, 1997)). Accordingly, we find this part of the protest untimely. See Article XIII, Section 2(b) (requires pre-election protests to be filed within two days of “when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.”).
“Dues make you a member, actions make you a Teamster”
P-005 alleges that Local 623 and Mr. Hooker and the Fearless 2026 slate are in violation of the Rules because the Fearless 2026 slate has adopted Local 623’s slogan as their campaign slogan. Precedent shows a distinction between when a union adopts a candidate’s campaign slogan as the union’s slogan or theme and when a candidate adopts a union slogan theme as its campaign slogan. See Bunch, 2006 ESD 305 (June 24, 2006). It is clear that a theme employed pervasively by a candidate may not be adopted by the union as an institution during the Election because the union’s use of the theme under such circumstances would constitute an implicit endorsement of the candidate. See e.g., Lopez, P242 (December 19, 1995), aff’d, 96 EAM 51 (January 8, 1996) (local union violated the Rules by implicitly endorsing a candidate by adopting his campaign slogan, “Putting Members First,” as the theme of the local’s newsletter. The Election Officer rejected the local’s argument that the phrase was “a generic trade union slogan which does not belong to any one individual or group,” and found that use of the phrase in the local’s publications constituted an endorsement of the candidate, even though the use did not refer directly to the election or the candidacy); Dethrow, 2001 EAD 381 (June 4, 2001) (the local’s use of the term “unity” in an article praising the Hoffa administration was an improper endorsement of the Hoffa candidacy, where the Hoffa campaign had already adopted “unity” as the principal theme of its campaign); Martinez, 2001 EAD 384 (June 11, 2001), appeal withdrawn (use of “Unity, Pride, Strength” in an IBT organizing brochure that championed the accomplishments of the Hoffa administration violated the Rules where that same phrase was a prominent campaign slogan of the Hoffa Unity slate: Martinez, 2001 EAD 414 (July 27, 2001), aff’d, 01 EAM 87 (August 30, 2001) (the IBT’s extensive use of the same phrase at the IBT convention violated the Rules because it was closely identified with the Hoffa campaign).[11]
We find that Local 623 has repeatedly used the slogan “Dues make you a member, actions make you a Teamster.” It appears prominently on the Teamsters Local 623 Facebook page in a variety of legitimate union contexts providing a motto for a range of activities typically used in conjunction with the hashtags #oneuniononefamily and #weaponizesolidartiy to emphasize the importance of unity and collective action, generally. In fact, it appears to be plastered on the wall at Local 623 property and/or events. We, therefore, find that this is a slogan of Local 623 that has become a “thing of value” to Local 623. The fact that Mr. Hooker coined this slogan and stated that anyone is free to use it does not change the fact that Local 623, of which Mr. Hooker is the principal officer, has clearly adopted it.[12]
While Mr. Hooker stated that this is not the official slogan of the Fearless 2026 slate, there is no dispute that this slogan is incorporated on the Fearless 2026 website in big, isolated letters in its own section of the website emphasizing the importance of the slogan. We find that the Fearless 2026 slate has thus adopted this as a theme and that the inclusion of the exact same slogan Local 623 uses publicly in its official business on the Fearless 2026 slate website is an improper campaign contribution and is misleading because it implies support by Local 623 of Mr. Hooker and the Fearless 2026 slate. cf. Bunch 2006 ESD 352 (Sept. 24, 2006) (the inclusion of verbatim IBT materials on the Hoffa 2006 website as its own was misleading for a number of reasons including because it implied an endorsement by the IBT of the Hoffa 2006 campaign).[13]
REMEDY
When the Rules have been violated, the Election Supervisor “may take whatever remedial action is appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor considers the nature and seriousness of the violation, as well as its potential for interfering with the election process.
Accordingly, we order Mr. Hooker and the Fearless 2026 slate to cease and desist using the slogan, “Dues make you a member, actions make you a Teamster” in its campaign including, but not limited to, removing the slogan from its website, post the notice attached to this decision on any of its Fearless campaign websites and the Local 623 website homepage, and maintain those postings for 30 days to advise members of the violation of the Rules and notify them that Local 623 does not, and cannot, support or endorse any candidate or slate of candidates for the Election. The notice shall be posted no later than two working days after the issuance of this decision; within three working days thereafter, Mr. Hooker and the Fearless slate shall submit an affidavit of compliance affirming that such notice has been posted to the OES.
APPELLATE RIGHTS
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:
Election Appeals Master
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. 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. A copy of the protest must accompany the request for hearing.
Timothy S. Hillman
Election Supervisor
cc: Barbara Jones, IBTappealsmaster@bracewell.com
2025 ESD 4
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Edward M. Gleason, Jr.,
Richard Hooker
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Joe Childers
Kelly Hogan
OFFICE OF THE ELECTION SUPERVISOR
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
1750 K STREET, N.W., SUITE 200
WASHINGTON, D.C. 20006
844-428-8683 TOLL FREE
FAX: 202-807-1074
electionsupervisor@ibtvote.org
Hon. Timothy S. Hillman
Election Supervisor
NOTICE PER ORDER OF THE ELECTION SUPERVISOR
The Election Supervisor has determined that Richard Hooker and the Fearless 2026 slate violated the Rules including Article VII, Section 12(c) and Article XI, Section 1(b)(3) by incorporating and adopting Local 623’s slogan and “thing of value,” “Dues make you a member, actions make you a Teamster,” as part of its campaign. To remedy this violation, the Election Supervisor has ordered the Fearless 2026 slate to post this notice on its campaign websites and to post a notice to the homepage of Local 623’s website to notify members of the violation and that Local 623 does NOT endorse or otherwise support the Fearless 2026 slate. Accordingly, please take notice that:
- The Fearless 2026 slate violated the Rules by improperly using Local 623’s slogan, “Dues make you a member, actions make you a Teamster,” as part of its campaign.
- Local 623 did not and does not endorse or otherwise support the Fearless 2026 slate or any other candidate or slate in the International Brotherhood of Teamsters 2026 International Union Delegate and Officer Election.
- Local 623 is a union entity and cannot permissibly endorse any candidate or slate of candidates in the International Brotherhood of Teamsters 2026 International Union Delegate and Officer Election.
- The Election Supervisor has ordered the Fearless 2026 slate to post this notice on all of Fearless 2026 slate’s campaign websites.
The Election Supervisor issued this decision in O’Brien et al., 2025 ESD 4 (Sept. 11, 2025). You may read this decision at: https://www.ibtvote.org/Protest-Decisions/esd2025/2025esd004 .
Any protest you have regarding your rights under the Election Rules or any conduct by any person or entity that violates the Election Rules should be filed with the Hon. Timothy S. Hillman (Ret.), 1750 K Street, N.W., Suite 200, Washington, D.C. 20006, telephone: 844-428-8683, fax: 202-807-1074, email: electionsupervisor@ibtvote.org .
This is an official notice of the Office of the Election Supervisor. It must remain posted on this website for thirty (30) days and must not be defaced or covered up.
[1] P-003-072225-AT (“P-003”) & P-005-080725-AT (“P-005”).
[2] This content is consistent throughout the advertisements regardless of size or layout. The only difference is some of the images but none of the images include photographs of Mr. Hooker or other references or material related to his campaign or the Election.
[3] This was also confirmed with the account representative at LocaliQ, George Liles, and technical specialist with LocaliQ, Shane Herner running the campaign.
[4] Around this same time, Mr. Hooker was physically located and campaigning in Virginia but, this investigation has not uncovered any evidence that connects Mr. Hooker’s physical location or campaigning efforts with the Local 623 Ad.
[5] During the course of this investigation, Mr. Gleason told the investigator that he too had, that very morning, received the Local 623 Ad while perusing news articles at his home in Leesburg, Virginia. He stated that he has not been physically located in Philadelphia recently but had visited Local 623’s website because of his involvement with this protest. It does not appear that Mr. Gleason could have been targeted since he stated that he was never physically present inside the geofenced area. He is the only individual the OES is aware of who may have received the Local 623 Ad who was not physically present in or had not recently been physically present in the geofenced area (even for a short period of time). Mr. Herner, who we find to be credible and very knowledgeable as the technical specialist involved in the Local 623 Ad campaign, stated that no one who is not physically located within the geofenced area is targeted. We also note that OES staff not located in the geofenced radii also visited Local 623’s website after receiving this protest but did not receive a pop-up of the Local 623 Ad. We find that there is no evidence that there was a deliberate effort to target individuals outside of the Philadelphia geofencing area with the Local 623 Ad.
[6] The delegate election season is February 27, 2026, through April 30, 2026. See Rules, Timetable of Events.
[7] We also note that copies of the May 2025 and August 202025 Articles were not disclosed with the protest. See Section Art. VII, Section 8(b) (protests “regarding the use of a Union-financed newspaper or other publication or communication shall be directed to the Election Supervisor, in writing, with a copy of the publication enclosed, within two (2) working days after the publication is received by the protesting party.”) (emphasis added).
[8] This is consistent with the Local 623 Ad campaign.
[9] This is particularly so where the August 2025 Article recognizes that this is an ongoing effort and substantial challenge. (“The fight for justice at Amazon is a marathon, not a sprint: a long-term commitment that requires perseverance and an unbreakable spirit. Amazon, with its resources and aggressive anti-union tactics, presents a major challenge. But Local 623 knows that true strength lies not in corporate might, but in the unwavering solidarity of its sisters and brothers.”).
[10] Mr. Hooker stated that Local 623 used iHeart to promote voting and voter registration in conjunction with the 2024 presidential election. He stated that Local 623 did fund his appearance on the Podcast.
[11] These decisions confirm that where a particular term has become a central theme of a candidate’s campaign, its use in union-financed publications and communications constitutes improper endorsement of the candidate by the union. See Article VII, Section 12(b).
[12] Mr. Hooker stated that at least one other local and the IBT have used this slogan in the past. This only further demonstrates why the Fearless 2026 slate cannot use this slogan as part of its campaign efforts.
[13] We note that the facts in Bunch, 2006 ESD 352 are distinguishable where the Hoffa campaign incorporated numerous IBT press releases on its website, and here, the Fearless 2026 slate website includes one slogan, however, we find it to be instructive particularly in conjunction with other precedent. See e.g., Lopez, P-242-LU732-SCE (December 19, 1995), aff’d, 96 Elec. App. 51 (KC) (January 8, 1996) (ordering the local to cease and desist using slogan used by campaign because it was an improper endorsement).