Bethel, 2025 ESD 2

Bethel, 2025 ESD 2 (Decision on Remand)

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: MARK BETHEL,                  )           Protest Decision 2025 ESD 2

                                                            )           (DECISION ON REMAND)

                                                            )

                                                            )           Issued: July 3, 2025

                                                            )

            Protestor.                                 )           OES Case No. P-001-021825-CAN    

                                                            )

______________________________)

 

INTRODUCTION

This matter was remanded by the Election Appeals Master in 2025 EAM 1 (re: 2025 ESD 1) (May 22, 2025). Mark Bethel,  a member of Local Union 31 and candidate on the Bethel Unity Slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (“Election Rules”). Mr. Bethel alleges that the President of Local Union 31, Stan Hennessy, and Business Representative, Murwan Salame, violated the Election Rules by using union resources to issue a campaign related mailer against candidates from the Bethel Unity Slate.

 

PROCEDURAL BACKGROUND

 

In the March 31, 2025 decision (Bethel, 2025 ESD 1 (March 31, 2025)), we held that there was insufficient evidence to establish that the campaign activity at issue related to the IBT’s 2026 International Delegates and Officers election over which the OES has jurisdiction and denied the protest. On April 1, 2025, Mr. Bethel appealed the decision, and the Appeals Master subsequently found that Mr. Bethel was campaigning for both the 2026 International Delegates and Officers election and the 2027 local officer election. She reversed and remanded this protest to the OES to determine whether Mr. Hennessy and Mr. Salame violated the Election Rules by using union resources to oppose a campaign.

 

Regional Director Jack Sullens investigated this protest. As part of this investigation, in addition to reviewing all materials submitted, he interviewed the following individuals:[1]

Mark Bethel

Stan Hennessy

Murwan Salame

Meaghan Shulist

Cody Biles

Zeenia Mizan

Karen Murphy-Corr

Catherine Gastadello

Evan Hirst

 

A random selection of petition signors:

Karen Matharu

Tim Cheffins

Luisa Drummond

Joanne Gauci

Jessica Holman

Vienna Simmons

FINDINGS OF FACT

 

On September 11, 2024, Mr. Bethel distributed a letter addressed to Mr. Hennessy and other officers of Local Union 31 announcing the Bethel Unity Slate’s intent to run in the 2026 International Delegates and Officers election and Local Union 31’s 2027 local officer election. The letter also provided notice to Local Union 31’s officers to comply with applicable laws, bylaws, and the IBT constitution during both elections. Following this letter, Mr. Bethel and others began campaigning for the Bethel Unity Slate. The relevant Bethel Unity Slate campaign material does not explicitly reference either election.

 

On February 12, 2025, Mr. Bethel and other members of his slate, Karen Murphy-Corr, Catherine Gastadello, and Evan Hirst, distributed campaign fliers to individuals reporting to work at the Metro Vancouver Regional District (“Metro Vancouver”). The fliers distributed were critical of Mr. Hennessey’s administration policies and do not specifically reference the IBT’s International Delegates and Officer election or the local union election.[2] However, in addition to handing out the fliers, Mr. Bethel and his co-candidates asked members to sign a petition in support of the Bethel Unity Slate (the “Petition”).[3] The Petition clearly stated that the Bethel Unity Slate was campaigning in both upcoming elections. Specifically:

 

By signing this document, I support the Bethel Unity Slate for the 2026 IBT Local Delegates and the 2027 Teamsters Local 31 elections.  I understand by signing this document, I support to committing the Bethel Unity Slate and give permission for my name to be used publicly and as a supporter of the aforementioned slate.  Furthermore, I, along with the other supporters whose names are listed herein, request the IBT and/or Teamsters Canada to conduct the above-noted Local 31 elections.

 

               The Bethel Unity Slate collected over 150 signatures at Metro Vancouver that day.[4] Karen Matharu,[5] Tim Cheffins, Luisa Drummon, Joanne Gauci, Jessica Holman and Vienna Simmons (“Petition Signors”) were among the individuals who signed the Petition. The Petition Signors did not recall specific details about the discussions they had at the time they signed the Petition but, remember, generally, that it related to some future election or elections. At least one Petition Signor recalls a discussion about two upcoming elections—one in 2026 and one in 2027. Multiple Petition Signors stated that it was an extremely cold day, and that they signed the Petition without a complete understanding of what it was in order to get inside from cold.

 

Some members at Metro Vancouver raised concerns to Local Union 31 leadership about the Bethel Unity Slate’s campaign activities. Those members included Meaghan Shulist, Cody Biles, and Zeenia Mizon (the “Complaining Members”), who filed complaints via email to Mr. Hennessy. Mr. Salame was cc’d on some of these emails. During the investigation, the Complaining Members recalled being confused about the purpose of the Bethel Unity Slate’s activities. For example, one of the Complaining Members, Ms. Shulist, stated that she signed the Petition because she thought that it concerned collective bargaining and does not remember any discussion about the elections at the time she signed.

 

The following day, in response to the Bethel Unity Slate’s activities on February 12, 2025, Mr. Hennessey distributed a letter via email to the email addresses of approximately 400 members employed at Metro Vancouver that Local Union 31 had record of (the “Hennessy Correspondence”).[6] The Hennessy Correspondence, which was on Local Union 31 letterhead “address[ed] the recent concerns raised by members at Metro Vancouver regarding unsolicited letters left at your workplace…”  It refers to an unnamed “disgruntled union representative currently campaigning for a future election in 2027,” and characterizes their activities as “misleading or disruptive tactics that undermine the trust and solidarity of our membership.” Mr. Hennessy stated that he sent the Hennessy Correspondence based on the concerns raised by members and to maintain trust in the integrity of their union representation and upcoming bargaining.

 

Mr. Hennessey acknowledges that he drafted the Hennessey Correspondence at work and sent it to his executive secretary, Alana Yuswack, to be placed on Local Union 31 letterhead and distributed. Mr. Salame acknowledged that he reviewed the Hennessey Correspondence before it was distributed, agreed with its contents, and signed it.

 

Since the Hennessy Correspondence and the filing of this protest, the Bethel Unity Slate has continued campaigning, including at six work sites without incident. This includes campaigning activity on March 26, 2025, at Metro Vancouver.

 

ANALYSIS

 

Pursuant to Article VII, Section 12(b) union officers and employees have the right to campaign, including openly opposing a candidate but cannot do so with union funds. Specifically, Article VII, Section 12(b) states:

All Union officers and employees, if members, retain the right to participate in campaign activities, including the right to run for office, openly to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve the expenditure of Union funds. Accordingly, officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union. Campaigning incidental to regular Union business is not, however, a violation of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not a violation of this section. An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.

Under Article VII, Section 12(c), “[u]nion funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance…” Article VII, Section 8(a) provides that no publication or communication financed, directly or indirectly, by a union may be used to support or attack any candidates or the candidacy of any person. Article XI, Section 1(b)(3) provides that no union may contribute directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.

We find that Mr. Bethel and his slate’s activities on February 12, 2025, constituted campaign activities for both the 2026 International Delegate and Officer election and Local Union 31’s local officer election. Not only did the Petition specifically reference the 2026 International Delegate and Officer election but, the Petition Signors recalled discussions about future elections including, one who specifically remembered discussing two upcoming elections, one in 2026 and one in 2027. Moreover, Mr. Bethel and the Bethel Unity Slate announced their plans to run in both elections and began campaigning months before the activity that gave rise to this protest. Mr. Hennessey, Mr. Salame and other members of Local Union 31 understood that Bethel was running for both elections.

 

The campaign literature the Bethel Unity Slate distributed was critical of Hennessy and his administration and we find that the principal purpose of the Hennessy Correspondence was to respond to the Bethel Unity Slate campaign activity on February 12, 2025. In fact, Mr. Hennessey and Mr. Bethel do not dispute that the Hennessey Correspondence was a direct response to Mr. Bethel and the Bethel Unity Slate’s activities on February 12, 2025. Campaign activity is action intended to influence the outcome of an election. This includes actions both in support and opposition of a particular candidate or slate. It does not require an explicit statement about who to vote or not vote for. See Hill, 2011 ESD 136 (February 24, 2011), appeal withdrawn, 11 EAM 25 (March 9, 2011).

 

Although the Hennessy Correspondence does not specifically reference the 2026 International Delegate and Officer election, Mr. Bethel, or the Bethel Unity Slate, it is clear based on all of the circumstances that it concerns Mr. Bethel and the Bethel Unity Slate’s campaign activities on February 12, 2025. For example, it was sent the day immediately following the Bethel Unity Slate’s campaign activity, there is no evidence of any other election campaign activity that day, and it was only distributed to members at Metro Vancouver. Additionally, there is a well-known history between Mr. Bethel and Mr. Hennessy and his officers, and the Hennessey Correspondence refers to a “disgruntled union representative.”

 

Mr. Hennessy contends that he had the right and responsibility as a union official to distribute the Hennessy Correspondence to provide clarity about Mr. Bethel’s activities in response to questions and concerns raised by members. However, the Hennessy Correspondence did not simply “advise and report to the membership on issues of general concern” and it was not a purely factual report or politically neutral[7]—it also disparaged a candidate and his slate calling him “disgruntled” and accusing him of engaging in “misleading or disruptive tactics.” See Grone, 2015 ESD 60, aff’d 2016 EAM 6 (Re: 2015 ESD 60) (December 17, 2015) (union publication expressing opinions about, and responses to, campaign material instead of purely factual reporting violated the Election Rules).

 

Mr. Hennessy drafted and distributed the Hennessy Correspondence using union resources (including access to member email addresses), the assistance of union personnel, and published it on union letterhead, thus, violating the Election Rules set forth above. See e.g., Hill, 2011 ESD 136 (February 24, 2011), appeal withdrawn, 11 EAM 25 (March 9, 2011) (the local union’s president responded to campaign literature with a union-funded letter on local union letterhead that portrayed the incumbent local union administration favorably and refuted the allegations made in campaign literature. The Election Supervisor held that the local union president’s response violated the Election Rules not because it took a partisan tone, which the president as a member and candidate had the right to do, but because it was printed and mailed at local union expense); Rome Aloise and Hoffa-Keegel 2011, 2010 ESD 22 (Aug. 27, 2010) (impermissible use of union resources included directing union personnel to prepare campaign material on union time and with union equipment). Accordingly, we grant this protest.

 

REMEDY

 

When the Election Supervisor determines that the Election Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In determining the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process. Based upon the foregoing, the Election Supervisor orders the following:

1. Mr. Hennessey and Mr. Salame shall immediately cease and desist from permitting and authorizing the use of Local Union funds and resources for campaign activities including, but not limited to, opposing any candidate or slate.
2. Within five (5) days of receipt of this decision, Mr. Hennessey and Mr. Salame shall post the “Notice to Members of Teamsters Employed at Metro Vancouver Regional District” on all union bulletin boards at the Metro Vancouver Regional District. The notice shall remain posted for 30 days. See attached. We impose this remedy to inform members of the Election Rules’ prohibition on using union resources for campaigning activities and of the violations set forth herein. Within three (3) days of posting the Notice described above, Mr. Hennessey and Mr. Salame are to submit a declaration to the OES attesting to their compliance with this order.
3. Mr. Hennessy shall pay a fine of $250 to the treasury of Local 31 to reimburse Local Union 31 for his violation of the Election Rules.

A remedial order of the Election Supervisor takes immediate effect unless stayed.

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

2025 ESD 2

 

DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):

 

Mark Bethel

markbethel7@gmail.com

 

Stan Hennessey

shennessy@teamsters31.ca

 

Murwan Salame

msalame@teamsters31.ca

 

David Suetholz

DSuetholz@teamster.org

 

Edward Gleason

ed@hsglawgroup.com

 

Ken Paff

Teamsters for a Democratic Union (TDU)

ken@tdu.org

 

Will Bloom

Despres, Schwartz, & Geoghegan, Ltd.

Counsel for TDU

wbloom@dsgchicago.com 

 

Thomas Kokalas

thomas.kokalas@bracewell.com

 

Paul Dever

pdever@ibtvote.org

 

Timothy S. Hillman

thillman@ibtvote.org

 

Jack Sullens

jsullens@ibtvote.org

 

Kelly Hogan

Kelly.hogan@nelsonmullins.com

 

 

 

 

 

 

 

 

 

 

 

 

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

www.ibtvote.org

Hon. Timothy S. Hillman

Election Supervisor

 

NOTICE TO MEMBERS OF TEAMSTERS EMPLOYED AT

METRO VANCOUVER REGIONAL DISTRICT

 

The Election Supervisor found that the Mr. Hennessey and Mr. Salame violated the Election Rules by improperly using union funds and resources to oppose a candidate and his slate in violation of Election Rules Article VII, Section 12(b), 12(c), Article VII, Section 8, and Article XI, Section 1(b)(3). Specifically, Mr. Hennessey and Mr. Salame used union funds and resources to distribute a letter on union letterhead to members employed at Metro Vancouver Regional District dated February 13, 2025, opposing a candidate in response to his campaign literature and activities.

The Election Rules prohibit:

• Union officers and employees, who are members, from campaigning with union funds.
• The use of union funds or resources including, equipment, stationary, and personnel to assist in campaigning unless the Union is reimbursed at fair market value for such assistance and all candidates are provided equal access to such assistance with advance written notice.
• Union-funded publications or communications to campaign for or against a candidate.
• Union contributions where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.

Accordingly, the Election Supervisor has ordered Mr. Hennessey and Mr. Salame to cease and desist using union funds and resources to support or oppose any candidate in violation of the Election Rules and post this Notice to advise members that such activity is prohibited. Additionally, the Election Supervisor has

The Election Supervisor issued this decision in Bethel, 2025 ESD 2 (Decision on Remand). You may read this decision at https://www.ibtvote.org/Protest-Decisions/esd2025/2025esd002.

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 bulletin board through August 2, 2025, and must not be defaced or covered up.