Eligibility of Wilson et al.,2026 ESD 28
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE ELIGIBILITY OF: ) Protest Decision 2026 ESD 28
)
WILSON, KAILEY ) Issued: January 13, 2026
NGUYEN, THANH )
GELLA, MARIA ) OES Case No. E-042-010725
SAM, ANNA )
PHAM, ANH )
)
Jim Haryett, member and Business Agent for Local 987, filed a pre-election protest “protesting the eligibility of candidates, nominators and persons seconding nominations of the named subjects of this protest.”
Jack Sullens of the Office of the Election Supervisor investigated this protest.
BACKGROUND & ANALYSIS
The basis of this protest is that “[i]t is unknown if the individuals subject to this protest requested advance verification of eligibility from OES.” Mr. Haryett further states, “It is unknown if the protested candidates, nominators and persons seconding nominations are fully in compliance with eligibility requirements.” He asks the Election Supervisor to review the eligibility status of and confirm that Kailey Wilson, Thanh Nguyen, Maria Gella, Anna Sam, and Anh Pham are eligible since conducting delegate elections impose financial costs for the local union.
Pursuant to Art. XIII, Section 1 of the Rules:
Any member, Local Union or other subordinate body of the International Union or the International Union may file a protest with the Election Supervisor alleging noncompliance with these Rules,...With respect to any protest, it shall be the burden of the protestor to present evidence that a violation has occurred…
(emphasis added). Additionally, Art. XIII, Section 2(d) requires that pre-election protests must include “a clear and concise written statement of the alleged improper conduct.” (emphasis added).
Here, the protestor does not make any allegations about any individual or slate not complying with the Rules, let alone provide a “clear and concise written statement” of any alleged improper conduct only that he does not know if any of the individuals identified are in full compliance with the eligibility requirements. Instead, the protestor asks the Election Supervisor to conduct a general review of each candidate, nominator, and seconder’s eligibility to confirm whether or not they are eligible. This is not the function of protests, and the Election Supervisor declines to conduct a general eligibility review absent more specific allegations demonstrating a violation of the Rules. See e.g., Battiste, 2025 ESD 10 (Oct 15, 2025); see also Webb, 2010 ESD 32 (Oct. 4, 2010) (noting that “[t]he protest procedure is in place as the formal mechanism by which members may bring to the Election Supervisor’s attention instances of alleged noncompliance with the Rules.”) (emphasis added).
Accordingly, we DENY this protest.
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
2026 ESD 28
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Edward M. Gleason, Jr.,
Richard Hooker
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Jack Sullens
Kelly Hogan