Johnson, 2025 ESD 12
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JOHNSON, DWAYNE ) Protest Decision 2025 ESD 12
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) Issued: Oct. 31, 2025
Protestor. )
) OES Case No. P-004-080625-AT
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ORDER TO SHOW CAUSE
Pursuant to the Election Supervisor’s decision in Johnson, 2025 ESD 7 (Oct. 9, 2025), Brian Peyton was ordered to immediately cease and desist from further retaliation in violation the Rules; post the notice attached to the decision on all bulletin boards under Local 322’s jurisdiction and its website until January 11, 2026; pay a fine of $500 no later than five days after the issuance of the decision; immediately facilitate the reimbursement from Local 322 to Local 822 for the checks paid to Genesis employees for lost work time due to their participation in the organizing activities discussed above; and submit an affidavit attesting to his compliance with the remedies ordered to the OES within five days of the issuance of the decision.
As Peyton is aware, the Election Supervisor’s order takes immediate effect unless stayed. O’Brien-Zuckerman, 2020 ESD 1 (June 23, 2020); Lopez, 96 EAM 73 (February 13, 1996). Yet, he has not requested a stay, and no stay has been granted. Notwithstanding, it has been 21 days since the decision was issued and, to date, Peyton has failed to comply with the Election Supervisor’s orders.
Accordingly, Peyton is ORDERED TO SHOW CAUSE by November 3, 2025, why the Election Supervisor should not assess him monetary fines and/or take other remedial action for knowingly failing to comply with his orders in violation of the Rules.
cc: Barbara Jones, IBTappealsmaster@bracewell.com
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Brian.peyton@teamsterslocal322.org
Jason Veny
Dwayne Johnson
James Wright
Edward M. Gleason, Jr.,
David Suetholz