Frankian, 2026 ESD 49
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: FRANKIAN, JARED ) Protest Decision 2026 ESD 49
)
Protestor. ) Issued: February 24, 2026
)
______________________________) OES Case No. P-061-012926
INTRODUCTION
Teamsters Local Union 431 (“Local 431”) is entitled to 3 delegates and 1 alternate delegate to the IBT International Convention. Local 431 held its delegate nomination meeting on January 8, 2026.
Jared Frankian, an employee of United Parcel Service (UPS) and member of Local 431, filed a pre-election protest with the Office of the Election Supervisor (OES). In that protest Frankian alleges that the current Executive Board of Local 431 – three of whom are Convention delegate candidates – violated the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (the “Rules”) by using Union equipment and stationery for campaign purposes. For the reasons detailed below, we GRANT the protest.
OES Investigator Deborah Schaaf investigated this protest.
BACKGROUND AND FINDINGS
Local 431 is a general local union headquartered in Fresno, California with members employed by companies involved in shipping, packing, warehouses, disposal and beverage distribution. Previously, Local 431 was led by five members of the Solidarity Slate, including Frankian. In December 2025, Local 431 held a contested officer election in which the United for Change Slate won election over the Solidarity Slate. Justin Scott became President of Local 431 effective January 1, 2026. Gilbert Prieto assumed the role of Secretary-Treasurer.
Since at least 1994, Local 431 has operated pursuant to a Letter of Understanding that controls the payout to outgoing executive officers. In effect, departing officers are entitled payment of accrued vacation time and sick time upon completion of their term. Any revision to that policy is controlled by the Local 431 bylaws and the IBT Constitution.
In late December 2025, President-Elect Scott sent letters to Frankian and other outgoing executive officers terminating their paid officer positions. In those letters, and consistent with the terms of the Local 431 Letter of Understanding, Scott wrote:
Your final payroll check, and all vacation and sick leave accrual will be directly deposited to your checking account as of 12/31/25.
On January 8, 2026, Local 431 held its scheduled Convention delegate nomination meeting. At that meeting, a Unity for Change slate of four candidates for delegate/alternate delegate – including Scott and Prieto – was nominated.[1] In opposition, a 431 Solidarity slate of delegate/alternate delegate candidates – comprised of three former executive officers including Frankian – was also nominated.[2]
Days later, the Local 431 Executive Board posted a document, dated January 12, 2026, and titled “Update to the January 2026 Local 431 Financial Report” (the “January 12 Notice,” attached as Exhibit 1) on all official Local 431 bulletin boards. The January 12 Notice was printed on Local 431 letterhead and listed the names of the current Executive Board, including the four Unity for Change candidates for Convention delegates. The January 12 Notice, signed by Prieto in his capacity as Local 431 Secretary-Treasurer, read:
Following the Local 431 Membership Meeting on January 8, 2026, the Local Union Executive Board has discovered that members of the outgoing administration paid themselves out $87,410.32.
This money was as a check by outgoing Executive Board Members and Business Agents following a questionable policy that allowed Local 431 Business Agents to accumulate an additional six (6) weeks per year of PTO, in addition to regular six (6) Vacation weeks, as “Sick Time” for a total of 480 hours.
The new Executive Board has eliminated this questionable policy which cost the membership $87,410.32 in dues money and will be contacting the International Union to investigate whether the money paid out by the outgoing administration under the “Sick Time” policy can be recovered.
The January 12 Notice was posted at the UPS facility where Frankian is employed as a driver on the Union bulletin board less than 12” from the IBT NOMINATION MEETING RESULTS posting that listed the candidates for Convention delegates, along with their slate affiliations.[3]
Investigation
On January 30, 2026, the OES investigator participated in a conference call with Scott and Prieto. According to Scott, on January 1, 2026, the incoming Local 431 Executive Board sought to rescind a Local 431 policy that allows Executive Board Members and Business Agents to accrue 240 vacation hours and 240 PTO (i.e. sick time) hours upon termination. The Board questioned whether it legal to cash out the sick leave, as “it’s usually a use-or-lose situation unless the company has a policy on it.” Scott conceded that the Board was aware that Local 431 had such a policy memorialized in the Letter of Understanding but questioned why the hours were so high.
Scott and Prieto reviewed the policy with an accountant who found that the policy provides for “a lot of liability to have on the books.” Scott suggested that the wording of the policy made its legality questionable. Local 431 ultimately made the payout to the outgoing executive board but with the caveat that, “if it turns out there is something wrong here, we will find it via the auditor and legal department – so it might have to be given back.’’
According to Scott, the January 12 Notice was posted “as a matter of information to the membership as an update to our financial report.” He stated that the Executive Board consulted with the IBT, which advised the Executive Board to only provide notice of the aggregate amount of the payouts and to refrain from identifying the members receiving the payout or the specific amount of each payout.
The investigator subsequently spoke with Office Manager Michelle Mineni, who provided the investigator with a timetable that had been approved by Scott. That timetable indicated that during the week of January 5, 2026, Scott and Prieto reviewed the vacation and sick leave accruals for the outgoing staff, and that Mineni had discussed the Letter of Understanding with Local 431’s legal counsel to ensure she made the payouts properly.
Applicable Law
Article VII, Section 12(c), further states:
Union funds, facilities, equipment, stationery, 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) provides, in relevant part:
No labor organization, including … Local Unions … 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…. These prohibitions extend beyond strictly monetary contributions made by a labor organization and include contributions and use of the organization's stationery, equipment, facilities, and personnel.
Finally, Article XI, Section 1(b)(6) provides:
No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, 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. The use of the Union’s official stationery with the Union's name, insignia, or other mark identifying the Union is prohibited, irrespective of compensation or access….
Any use of union resources in campaigning is prohibited no matter how isolated or slight. See Teamsters United, 2015 ESD 46 (October 30, 2015) (letter on union stationery was campaign contribution because it had purpose, object or foreseeable effect of positively influencing election of protestee as delegate); see also Yeakel, P762 (June 5, 1996) (barring display of campaign hats along with unions hats in union office); Hoffa-Hall 2016, 2015 ESD 31 (August 30, 2015) (posting of campaign stickers on union property); Miller, P504 (April 23, 1996) (violation where local made its office available to a campaign as a location to pick up a raffle prize); Olsen, P172 (November 1, 1995) (use of union telephone for three calls of short duration to assist in campaigning during work time).
Finding
In his Protest, Frankian asserts that the posting of the January 12 Notice by the Local 431 Executive Board constituted campaign material and an improper campaign contribution in violation of the Rules. We agree.
The January 12 Notice purportedly was an “update” to the Local 431 financial report. However, the Executive Board provided the OES investigator no explanation as to why the issue of the accrued time payouts, if of legitimate concern, (a) was not raised with the membership on or before the January 8, 2026 membership meeting and (b) could not wait to be addressed at the February 2026 membership meeting. Instead, by posting the January 12 Notice, the Executive Board created the false impression that the outgoing officers and staff had helped themselves to a payout that the Executive Board was unaware of at the time of January 8 member meeting, thus creating the seemingly urgent need to post it. Based on the timing and context of the notice – just four days after the delegate candidate nomination meeting and posted less than a foot from the official list of the candidates for the Convention delegates – it appears that the “the purpose, object or foreseeable effect” of the action was to negatively influence the candidacy of the members of the Solidarity Slate.[4]
To that end, the January 12 Notice contained several either inaccurate or misleading statements that appear intended to discredit the Solidarity Slate candidates. For example, Prieto wrote that “[f]ollowing the Local 431 Membership Meeting on January 8, 2026, the Local Union Executive Board has discovered that members of the outgoing administration paid themselves out $87,410.32,” pursuant to a “questionable policy.” In fact, the PTO accrual and payout was consistent with Local 431’s policy, as memorialized in the Letter of Understanding, for over three decades. The Executive Board, including Prieto, was aware of the policy in December 2025. Scott, as incoming President of Local 431, confirmed payment of vacation and sick leave accrual to the five outgoing staff members in the termination letters issued on either December 29, 2025 or January 1, 2026.
Additionally, the Executive Board claimed in the January 12 Notice that it “eliminated this questionable policy which cost the membership $87,410.32 in dues money.” The statement is misleading and troubling in two distinct respects. First, the Executive Board lacks the authority to dissolve the relevant Letter of Understanding without due process sanctioned by the Local 431 Bylaws and the IBT Constitution. Second, by claiming that the payout “cost the membership” in dues money and stating that there is an ongoing “investigation” into whether the money paid out “can be recovered,” Prieto certainly implied to Local 431 members that the outgoing staff – including Frankian – had taken funds from Local 431 that they were not entitled.
Based on the timing and content of the January 12 Notice on Local 431 official letterhead, as well as the posting of the notice on Local 431 bulletin boards in close proximity to the IBT NOMINATION MEETING RESULTS, I find that the January 12 Notice was posted with the intent to discredit the members of the Solidarity Slate and thus promote the candidacy of the United for Change Slate. For that reason, we find that January 12 Notice constitutes a campaign contribution made with the purpose, object or foreseeable effect of influencing, positively or negatively, the election of a candidate.
ACCORDINGLY, we find that Gilbert Prieto, Justin Scott, and the Executive Board of Local 431 violated the Rules as follows:
- by using Local 431 facilities, equipment, and stationery to assist the United for Change slate campaign against the Solidarity Slate without reimbursing Local 431 at fair market value for such assistance in violation of Article VII, Section 12(c);
- by contributing, directly or indirectly, something of value, i.e. Local 431’s stationery, equipment, and facilities, where the purpose, object or foreseeable effect of the contribution was to influence, positively or negatively, the election of a candidate in violation of Article XI, Section 1(b)(3); and
- by using Local 431 funds or other things of value, directly or indirectly, to promote the candidacy of any individual without reimbursing Local 431 for such usage, and by impermissibly using Local 431’s official stationery with the Union's name, insignia, or other mark to assist in campaigning in violation of Article XI, Section 1(b)(6).
Remedy
When the Rules have been violated, the Election Supervisor “may take whatever remedial action is appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election SUPERVISOR considers the nature and seriousness of the violation, as well as its potential for interference with the election process.
In this matter we order the Executive Board of Local 431 to immediately remove any physical copy of the January 12 Notice from all Local 431 bulletin boards on all employer bulletin boards, as well as bulletin boards at Local 431 offices, and from any other union-controlled location or website that a physical or electronic copy of the notice has been posted or placed.
We further order the Executive Board of Local 431 to immediately post the OES notice (attached hereto as Exhibit 2) on all employer bulletin boards, on bulletin boards at Local 431 offices, and to post an electronic copy of the OES notice to the Local 431 website for a period of 30 days from the issuance of this decision. Affidavits attesting to the completion of those postings shall be filed by Local 431 Executive Board member with the Office of the Election Supervisor by February 27, 2026.
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
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Justin Scott
Gilbert Preito
Edward M. Gleason, Jr.,
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Greg Friedholm
Kelly Hogan
Exhibit 1
exhibit 2
NOTICE TO ALL LOCAL UNION 431 MEMBERS
The Rules for the 2025-2026 IBT International Union Delegate and Officer Election ("Rules") provide that no labor organization, including local Union, may contribute 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 Union funds or other things of value may be used to promote the candidacy of any individual.
The Election Supervisor enforces the Rules. After investigation, the Election Supervisor has determined that the Local 431 Executive Board violated the Rules on January 12, 2026 by posting the Update to the January 2026 Local 431 Financial Report NOTICE on employer bulletin boards. That posting focused on Paid Time Off (PTO) payments made to the outgoing administration effective December 31, 2025, and contained misleading statements concerning the propriety of such payments. The Election Supervisor determined that the subject PTO payments were properly made in accordance with established Local 431 policy.
Based on the content of the posting, the use of Local 431 stationery, and the timing and location of the posting, the Election Supervisor has found that the Executive Board violated the Rules:
- by using Local 431 facilities, equipment, and stationery to assist the United for Change slate without reimbursing Local 431 at fair market value for such assistance, and without providing Solidarity Slate advance notice and equal access to such assistance in violation of Article VII, Section 12(c);
- by contributing, directly or indirectly, Local 431’s stationery, equipment, and facilities, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate in violation of Article XI, Section 1(b)(3); and
- by using Local 431 funds or other things of value, directly or indirectly, to promote the candidacy of United for Change slate without reimbursing Local 431 for such usage and without providing equal access to the Solidarity Slate, and by impermissibly using Local 431’s official stationery with the Union's name, insignia, or other mark to assist in campaigning in violation of Article XI, Section 1(b)(6).
Local 431 is ordered to post this notice for thirty days beginning February 27, 2026.
timothy S. Hillman
TIMOTHY S. HILLMAN
ELECTION SUPERVISOR
1750 K Street, NW, Suite 200
Washington, DC 20006
This is an official notice from the Election SUPERVISOR for the International Brotherhood of Teamsters that must remain posted for thirty (30) consecutive days, and must not be altered or defaced in any manner, or covered by any other material.
[1] The Unity for Change slate consists of Justin Scott, Gilbert Prieto, Jeno Espinoza (delegate candidates), and Andrew Finch (alternate delegate candidate).
[2] The 431 Solidarity slate consists of Jared Frankian, Christopher Garlick, Steve Sharp (delegate candidates), and Robert Mejia II (alternate delegate candidate).
[3] Election Supervisor Form 37.
[4] The January 12 Notice does not name the outgoing staff members sharing in the $87,410.32 payout; however, it effectively identifies them by referring to “the outgoing Executive Board Members and Business Agents.”