O’Brien et al., 2025 ESD 6
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: SEAN O’BRIEN & ) Protest Decision 2025 ESD 6
FRED ZUCKERMAN )
) Issued: Sept. 26, 2025
)
Protestor. ) OES Case No. P-008-082825-NE
)
)
)
INTRODUCTION
James Donovan 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 a protest against Richard Hooker and the 2026 Fearless slate pursuant to Article XIII, Section 2(b) of the Rules for the Election (“Rules”). The protest alleges that on July 25, 2025, Ralson Boswell, a member of Local 804, signed and circulated petitions for Hooker and the 2026 Fearless slate at Local 804-UPS facility in Brooklyn, New York despite the fact that he is on withdrawal status and not eligible to do so in violation of the Rules.
The Office of the Election Supervisor’s Peter Marks investigated this protest. The investigation including interviews of the protestor, Boswell, and subjects of the protest, Hooker and Chris Silvera who is a candidate for Vice-President at Large on the Fearless 2026 slate as well as review of all materials submitted by interested parties and persons interviewed in connection to this protest.
BACKGROUND
This protest arises from photographs showing Boswell present at Local 804-UPS facility in Brooklyn, New York on July 25, 2025, while Hooker and Silvera were campaigning and collecting accreditation signatures for the Fearless 2026 slate. In one of the photographs Boswell appears to be signing a document next to Jodi Kipping, a member of Local 804 in good standing. In the second photograph, Boswell is holding up Fearless 2026 campaign literature standing with Kipping and Hooker. Boswell stated that he was only present at the event for a short period of time (likely less than 30 minutes). He confirmed that he signed petitions in support of the Fearless 2026 slate but did not circulate any petitions. Hooker and Silvera were both present at the event. They stated that it was possible that Boswell signed a petition, but he did not circulate any.
Boswell has been out of work since January receiving medical treatment. Review of TITAN records show that Boswell is on withdrawal status, which he confirmed.
ANALYSIS AND FINDINGS
Article X, Section 2(a) states that accreditation petitions “may only be circulated by a member in good standing.” A member on withdrawal status is not a member in good standing. The petition form contains a certification section that “must be signed and dated by the person who circulating the petition.” The certification affirms that the circulator is “a member in good standing” and that “the signatures on this sheet were signed in my presence and [are] genuine.”
Article XI, Section 1(b)(10) provides:
Nothing herein shall prohibit the donation of services by an individual, who is not an employer, to a candidate rendered on the individual’s personal free time without compensation in any form by an employer or labor organization and without accompanying contributions of supplies or of services of others who are compensated by an employer or labor organization for such services.
We find that this protest was filed in good faith but, the protestor has presented no evidence, and we have found none, that establishes that Boswell circulated accreditation petitions in violation of the Rules. See Art. XIII, Section 1 (“it shall be the burden of the protestor to present evidence that a violation has occurred”); see also Hoffa 2006, 2005 ESD 44 (December 30, 2005). Even though Boswell is on withdrawal status, he is permitted to campaign for or against any candidate, provided he is not an employer and campaigns on his “personal free time.” Boswell is not an employer, and his activity is protected. Id. (non-member retiree did not violate the Rules by appearing with a member who was circulating petitions, even though he encouraged members to sign the petition, where he did not handle or circulate the petition himself).
We acknowledge that Boswell is on withdrawal status and is not eligible to sign a petition. Accreditation can be obtained only by collecting valid signatures of members. See Article X; see also Hoffa-Hall 2016, 2015 ESD 12 (July 22, 2015). The Election Supervisor and OES staff are responsible for checking each petition submitted and will “[t]ake whatever … action is necessary to verify the accuracy or validity of petition signatures and information,” and will “[c]ount the valid signatures to insure that the requisite number has been obtained and submitted…” Article X, Section 4(a)(2) & (3). Thus, upon receipt of any petitions submitted by the Fearless 2026 slate, the Election Supervisor will review each petition and void signatures and/or petitions as necessary consistent with the Rules. Although Boswell’s signature cannot count toward accreditation, the Rules are not violated by him signing. cf. Hoffa-Hall 2016, 2015 ESD 12 (July 22, 2015) (“Signatures of non-members do not count toward accreditation, but the Rules are not violated when a non-member signs an accreditation petition.”).
Accordingly, we DENY the protest.[1]
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 6
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
James Donovan Jr.
Edward M. Gleason, Jr.,
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Peter Marks
Kelly Hogan
[1] Article XIII, Section 2(b) of the Rules states that protests must be filed within two working days of the day the protest becomes aware or reasonably should have become aware of the action protested. It has oft been held that this time limit is prudential and not jurisdictional. See, e.g., Lytle, 2010 EAM 51 (June 30, 2011). Investigation shows that the conduct giving rise to this protest occurred on July 25, 2025. Hooker stated that he posted the photographs on or about the same day. The protest was filed on August 28, 2025. We note that it is likely untimely but decline to dismiss the protest on that basis, concluding that a decision on the merits provides the parties guidance on the Rules.