O’Brien et al., 2026 ESD 26
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: Sean O’Brien &
Fred Zuckerman , ) Protest Decision: 2026 ESD 26
)
)
) Issued: January 6, 2026
)
Protestor. ) OES Case No. P-026-110425 &
______________________________) P-027-110425
INTRODUCTION
James Donovan Jr., on behalf of Sean O’Brien, Fred Zuckerman and the Teamster’s United 2026 slate for the International Brotherhood of Teamsters 2026 International Union and Delegate and Officer Election (“Election”) filed two related protests against the Fearless slate 2026 (“Fearless Slate”). The protests allege that, over a three-day period, the Fearless Slate sent campaign literature to official local union email addresses without requesting it be placed on the local union’s literature table or bulletin board.
The Office of the Election Supervisor’s Deborah Schaff investigated this protest.
Relevant Allegations
Protest P-026-110425
In P-026-110425 (“P-026”), Donovan submitted an email dated November 2, 2025,[1] that was purportedly sent by the Fearless Slate to Erin Foley, the Principal Officer of Local 2. The November 2 email was sent from email address info@be-fearless.org to Foley’s official union email address: erin.foley@teamsterslocal2.org . The subject of the November 2 email was “Petition to TDU Leadership.” The body of the November 2 email included Fearless Slate’s banner and a link to make a monetary donation to Fearless Slate.[2] Also attached to the November 2 email was a petition to TDU leadership requesting that Richard Hooker, Fearless Slate’s Candidate for General President, be permitted to speak at the TDU Convention scheduled for November 7-9 (the “Petition”).
In P-026, Donovan asserted that the Petition that Foley received contained pre-populated contact information, including Local Union Officer name, Local Union phone number, and Local Union email address.
Protest P-027-110425
In P-027-110425 (“P-027”), Donovan provided two additional emails allegedly sent by Fearless Slate, again from email address info@be-fearless.org to Erin Foley at her official local union email address of erin.foley@teamsterslocal2.org .
The first email was dated November 3, 2025, and bore the subject “Podcast – Reality Check: Roadie – Siphoning Our Work.” The email contained an internet link to a podcast that was co-hosted by the Fearless Slate candidate for Trustee, with appearances on the podcast by the Fearless Slate candidates for Vice President at Large and Western Region Vice President. The November 3 email also included a link to sign the Fearless Slate petition, as well as to volunteer and/or donate to Fearless Slate.
The second email was dated November 4, 2025, and bore the subject “FEARLESS SLATE 2026 News and Views 110225.” The email again contained the Fearless Slate banner, and separate links to either sign the Fearless Slate petition, or to volunteer and/or donate to Fearless Slate. The November 4 email also contained a link to an article in the Guardian (UK) Newspaper.
In both P-026 and P-027, Donovan asserted that the Fearless Slate emails violated the Rules by impermissibly soliciting campaign support or contributions from members using their official union email addresses.
Findings of Fact
Sandy Weaver responded on behalf of Fearless Slate. Weaver is a retired international organizer who has volunteered to do Customer Relations Management work for the candidate slate.
According to Weaver, the database used by the Fearless Slate for distribution of campaign material is comprised of any person who previously signed a petition, submitted an inquiry, or made a contribution. The database contains fields for both the individual’s personal email address and official Union email address. Weaver stated that there are links to either donate to Fearless Slate through zeffy.com or to unsubscribe from future mailings in every email sent by Fearless Slate sent to recipients with non-Union, personal email addresses maintained in the database. According to Weaver, she combs through the database on a daily basis to identify and delete any official Union email addresses from the personal email field maintained on the database.
With respect to the November 2 email, Weaver stated a recipient of the email would have received a Petition that had certain fields “pre-populated” only if that person (or some person) had previously filled in the “required” fields in the personal data section of the email and
selected “Submit” on the bottom of the message.[3] According to Weaver, clicking the “Submit” link transfers the personal data information entered by the recipient to the Broad Stripes CRMP (Customer Relationship Management Platform), which automatically transmits a partially pre-populated Petition to the named person at the email provided. Clicking the “Submit” link also creates a record of the person and petition in the appropriate field of the Fearless Slate database.
Weaver stated that Fearless Slate used the database distribution list, to send the November 2 email, with a link to a blank “Petition to TDU Leadership,” to a total of 304 recipient addresses included in the personal email field. Based on Fearless Slate’s records, 77 recipients opened the email, 78 emails “failed” due to the recipient unsubscribing, opting out, or the email was not delivered (likely due to a “bad” email address). Notably only 12 were “clicks,” which the investigator understood as a recipient opting in. Weaver conceded that Foley’s official Union email address may have mistakenly been included in the personal email field of the Fearless Slate database and, therefore, included in the distribution of the November 2 email.
As to the November 3 and November 4 emails, Weaver provided the investigator with two spreadsheets containing all of the names and personal email addresses in the Fearless Slate distribution list that were used at the time of the relevant emailing.[4] Notably the spreadsheets also contained a field indicating whether the individuals had “opted out” of email distribution.
The investigator reviewed the Excel spreadsheet for the November 3 email. There were 535 names included, however, only 489 individuals had email addresses included in the “Personal Email” field. Of those 489 email addresses, 15 email addresses are or appear to be official Union email addresses.[5] Notably, the Fearless Slate spreadsheet reflected that each of the 15 persons with the apparently official union email addresses on the November 3 distribution list had “opted out.”
The OES investigator similarly reviewed the Excel spreadsheet for the November 4 email. That review revealed that of the 347 persons listed, only 286 individuals had emails included in the “Personal Email” field. Of those 286 email addresses, 11 email addresses appeared to be official Union email addresses.[6] Again, each of those 11 entries reflected as “opted out.”
Because the emphasis of each of the Fearless Slate emails that are subject of the protests was to persuade TDU to permit Fearless Slate’s candidate, Richard Hooker, to speak at the TDU Convention, the OES investigator contacted the legal representative to TDU to determine whether TDU had received any of the Fearless Slate Petitions. The TDU representative reported that TDU had not received any petitions and was previously unaware of that specific Fearless Slate effort.
In none of the three emails did Fearless Slate request that a copy of the Petition or other solicitation be placed on a local union table or bulletin board reserved for campaign material.
Analysis
The circumstances here are squarely covered by the Election Supervisor’s prior decision in Teamster Power, 2020 ESD 6. In that decision, the offending slate sent a fundraising solicitation by email to approximately 9,500 recipients. 369 recipients of that communication had unique email addresses with Teamster domain names and 51 recipients had apparent Teamster email addresses using commercial email service providers.
The Election Supervisor found that the emailed solicitation to Union email addresses implicated several provisions of the Rules, including:
- Article VII, Section 12(c): “Union … facilities, … 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 XI, Section 1(b)(3): “No labor organization … may contribute, or shall be permitted to 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 … No candidate may accept or use any such contribution.”
- Article XI, Section 1(b)(6): “No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union … facilities, … personnel, etc. may not be used to assist in campaigns unless the Union is compensated at fair market value for such assistance, and unless all candidates are provided with equal access to such assistance and are advised in advance, in writing, of the availability of such assistance.”
Further, several provisions of the Rules address a candidate’s responsibility with respect to union support of campaigning, including:
- Article XI, Section 1(b)(1): “Only contributions which are properly solicited … under these Rules may be expended or used by candidates, slates or independent committees for the [2025-2026] International Union Delegate and Officer Election.”
- Article XI, Section 1(b)(13): “Candidates are strictly liable to insure that each contribution received is permitted under these Rules. Prohibited contributions must be returned promptly.”
- Article XI, Section 1(b)(15): “Ignorance by a candidate, by a union and/or by an employer that union or employer funds or other resources were used to promote a candidacy shall not constitute a defense to an allegation of a violation of these Rules.”
In short, a campaign may not mail, fax, or email campaign materials to a local union except where the campaign expressly requests that the material be placed on the local union’s literature table or bulletin board for general distribution.[7] Solicitation of campaign support or contributions using individuals’ Union email addresses necessarily – and impermissibly – relies on a Union resource to reach its intended audience. See Teamster Power, 2020 ESD 6 at 4; see also Reyes, 2010 ESD 59 (December 22, 2010) (use of the U.S. Mail to send individually addressed solicitations for campaign contributions to recipients at local union addresses violated Rules); Prisco, 2010 ESD 6 (July 8, 2010) (business agent violated Rules by using union-provided email network to spur stewards to circulate slate accreditation petitions).
Accordingly, we GRANT the two related protests. Although the degree of violation here admittedly is not substantial, the Fearless Slate did violate the Rules by impermissibly distributing campaign material and solicitations to Local Unions and individual members of Local Unions at their official Union email addresses.[8]
Remedy
When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning 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. “The Election Supervisor’s discretion in fashioning an appropriate remedy is broad and is entitled to deference.” Hailstone & Martinez, 10 EAM 7 (September 14, 2010).
The appropriate remedy here is similarly guided by precedent in Teamster Power. We order Fearless Slate to email the “Notice of Election Rules Violation by Fearless Slate” attached to this decision to all recipients of the November 2, November 3 and November 4 campaign emails. Such emailing shall be completed within 3 business days of the date of this decision. The subject line of the email shall state “Notice of Election Rules Violation by Fearless Slate.” The purpose of the notice is strictly remedial, to inform the recipients of the requirements of the Rules, the violation found, and the remedy imposed.
In addition, we order Fearless Slate to cease and desist from using Union email addresses for such purpose and to purge from any email list it uses for soliciting support all union email addresses, whether they are addresses with Union domain names or Union usernames. With the issuance of this decision, we have supplied a list of 5 names and email addresses of individuals covered by this cease-and-desist order directly to Fearless Slate and do not otherwise name them in this decision. Fearless Slate must complete the purge ordered here within 5 business days of the date of this decision. We have also supplied a list of 10 additional names and email addresses of individuals where the username or the domain name suggests that the email addresses are official Union addresses. For this list, we have not verified that these email addresses are official Union addresses and therefore do not order Fearless Slate to purge them. However, we note that a candidate or slate is strictly liable for impermissibly using a Union resource for a campaign purpose. As such, if the campaign uses all or some of them for a campaign purpose without verifying that the email addresses are not official Union addresses, it does so at its peril.
Further, as no candidate or slate may use contributions received from members who were improperly solicited at local Union addresses, we direct Fearless Slate to disgorge those funds that it received from individuals who were improperly solicited at Union email addresses and to cancel any authorization for recurring monthly contributions from any such individuals. Any contributions that may in the future be received by Fearless Slate through the same click-through procedure in response to the solicitation found improper here must also be returned.
The disgorgement must be accomplished by the campaign issuing checks to the individuals within 5 business days of the date of this decision. Each such check must be accompanied by the Notice of Return of Campaign Contribution, attached to this decision; the notice must be printed on Fearless Slate letterhead. Fearless Slate must hold each returned sum in escrow until the check is cashed or deposited by the contributor, and the held sum will count against the contributor’s contribution limit until and unless the contributor accepts the returned funds by negotiating the check.
Fearless Slate must submit a declaration within 5 business days of the date this decision issues affirming that it has completed the remedies ordered here.
A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996) (rejecting the argument that the Election Supervisor’s decisions are automatically stayed pending appeal).
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 on any such appeal upon evidence that was not presented to the Office of the 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
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.
Timothy S. Hillman
Election Supervisor
cc: Barbara Jones
2026 ESD 26
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
James Donovan
Sandy Weaver
David Suetholz
Edward Gleason
Will Bloom
Ken Paff
Timothy S. Hillman
Paul Dever
Jack Sullens
Greg Friedholm
Deborah Schaaf
dschaaf@ibtvote.org
Kelly Hogan
Hon. Barbara Jones (Ret.), Appeals Master
IBTappealsmaster@bracewell.com
Thomas Kokalas
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 OF ELECTION RULES VIOLATION BY FEARLESS SLATE
TO: All recipients of the Fearless Slate emails with the subjects: Petition to TDU Leadership; Podcast – Reality Check: Roadie – Siphoning Our Work; and FEARLESS SLATE 2026 News and Views 110225.
The Election Supervisor has found that the Fearless Slate campaign violated the Election Rules by sending campaign solicitation emails addressed to some members at their union email addresses. Solicitation of campaign support or contributions generally cannot be addressed to individuals for receipt at their union email addresses because doing so impermissibly uses union assets to seek support on behalf of a candidate.
The Election Supervisor will not tolerate violations of the Rules. The Election Supervisor has ordered the Fearless Slate to send this notice to all recipients of the emails sent by the Fearless Slate from info@be-fearless.org with the subjects: “Petition to TDU Leadership,” “Podcast – Reality Check: Roadie – Siphoning Our Work,” and “FEARLESS SLATE 2026 News and Views 110225” referenced and discussed in O’Brien et al., 2026 ESD 26 (Jan. 6, 2026), to inform them of the Rules’ requirements, the violations found, and the remedy imposed. In addition to sending this notice, the Election Supervisor has ordered the Fearless Slate to cease and desist from addressing campaign mailings to individual members at their union email addresses, unless such material is designated for distribution on a local union literature table open to all and otherwise complies with the requirements of our Advisory on that subject, purge all union emails from any email list it uses for soliciting support, and disgorge any funds received from individuals who were improperly solicited at union email addresses and to cancel any authorization for recurring monthly contributions from such individuals.
The Election Supervisor issued this decision in https://www.ibtvote.org/Protest-Decisions/esd2026/2026esd041.
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.
[1] As noted in fn 4 below, although Foley received the subject email on November 2, 2025, the Fearless Slate respondent informed the investigator that the email was initially sent on October 30, 2025. In order to avoid confusion, and because the actual date that the email was sent does not affect our analysis, we will refer to the initial email as the “November 2” email.
[2] The link led to zeffy.com, whose website describes itself as an “all-in-one fundraising platform.”
[3] At the OES investigator’s request, Weaver sent the original, unforwarded November 2 email. The link to view the Petition contained in that email opened up a blank, unpopulated Petition. However, Weaver acknowledged that the November 2 email could be forward by the initial recipient. Therefore, an individual not on the Fearless Slate distribution list potentially could provide the “required” personal contact information and submit the request resulting in the distribution of a pre-populated Petition.
[4] On the eve of the issuance of this decision, Weaver provided the distribution list for the November 2 email (purportedly sent on October 30) to the investigator in a PDF format. Notably, there were no official Union email addresses contained in “personal email” entries on that distribution list. Yet, just days later, at least 15 official Union email addresses – including Erin Foley’s official Union email address – were included in the “personal email” field for the Fearless Slate database used for the November 3 email distribution. Because we find that Fearless Slate violated the Rules with respect to its November 3 and November 4 email campaign solicitations and order the disgorgement of any related financial contributions, we need not resolve this discrepancy for purposes this decision.
[5] 5 of the 15 email addresses, including erin.foley@teamsterslocal2.org, ended with Local Union domain names. The other 9 used commercial internet service provider domains. As explained in Teamster Power, 2020 ESD 6, some Teamster Local Unions do not establish Teamster domain names but, instead, use email services provided by common carriers such as Gmail, Yahoo, or other internet providers. For the November 3 email, examples of such email addresses included teamsters[local union #]@aol.com and teamsterlocal[local union #]@msn.com.
[6] All 11 email recipients were included in the earlier November 3 email distribution.
[7] Even then, any such transmission must comply with the requirements of the Advisory on the Use of Literature Tables.
[8] We expressly do not find that the Fearless Slate accessed any official IBT or Local Union distribution list. Although we do not challenge Ms. Foley’s representation that she received a partially pre-populated Petition, the investigator (a) was unable to identify any other person who received such a Petition and (b) tested the process, as explained supra in fn.2, and learned that the Fearless Slate email could have been forwarded, with another individual submitting Ms. Foley’s personal information, which may have caused the distribution of the partially pre-populated Petition.