2026 EAM 16 (re: 2026 ESD 62)

ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2026 ESD 62 (“ESD 62”) was issued on April 1, 2026 (OES Case No. P-077-021126) by the Office of the Election Supervisor (“Election Supervisor” or “OES”).   ESD 62 addresses a protest filed by Evette Avery, a member of Local 728 and a delegate candidate on the Empower Slate.  Ms. Avery alleged that Local 728, UPS, the OES, and the Merriman River Group – the third party responsible for administering the local’s delegate election – improperly colluded to prevent candidates on the Empower Slate from being eligible to run in the 2025-2026 IBT International Union Delegate and Officer Election.  After investigation, the Election Supervisor denied the protest, concluding there was no effort to prevent the candidates on the Empower Slate from running in the election. 

On April 3, 2026, Ms. Avery appealed the decision.  On April 3, 2026, by Notice of Hearing, the Election Appeals Master scheduled a hearing for April 9, 2026.  On April 8, 2026, the Election Supervisor submitted supplemental written arguments in support of its position.

A hearing by video conference was held on April 9, 2026.  The following individuals attended the hearing: Kelly Hogan and Felicia Hardesty, on behalf of the OES; Evette Avery, Demetria Shaw, Jonathan Caldwell and Gary Woods, on behalf of the Empower Slate; Matthew Fitch, on behalf of the Merriman River Group; and Wes Turner on behalf of Local 728.

Determination
            In her protest, Ms. Avery claimed that there was collusion to prevent candidates on the Empower Slate from running in the delegate election. In support of this assertion, she cited two incidents: first, that she did not receive a response from the OES regarding an eligibility determination on one of her two requests even though the other candidates on the Empower Slate received such a response; and second, that a Merriman River representative fielded questions about candidate eligibility from Local 728 officers during the nominations meeting.   

The Election Supervisor found that the evidence submitted in support of the protest is insufficient to establish Ms. Avery’s claims.  I agree.  First, all candidates, including Ms. Avery, on the Empower Slate appeared on the ballot and were permitted to run in the election.  Second, at the April 9, 2026 hearing it was discovered that she accidentally submitted one of her requests for an eligibility determination to an incorrect email address, which resulted in her not receiving a determination on that request.  Finally, the discussions regarding eligibility at the nominations meeting confirmed that the OES retained sole authority to make final eligibility determinations, and the Merriman River representative’s statements did not affect any candidate’s ability to run.[1]

            For the foregoing reasons, the appeal is DENIED.

SO ORDERED

Hon. Barbara S. Jones (Ret.)

DATED:         June 11, 2026
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