Moralez, 2026 ESD 67
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JOHN MORALEZ ) Protest Decision: 2026 ESD 67
)
) Issued: April 17, 2026
Protestor. )
) OES Case No. P-079-021426
)
BACKGROUND
John Moralez filed a protest against AJ Barrera and the Big Brown Slate for improperly campaigning on employer property in violation of the Rules.
Deborah Schaaf of the Office of the Election Supervisor investigated this protest including interviewing protestor Moralez and Barrera.
Moralez is the principal officer of Local 87 and the sole delegate candidate on the Horsemen Slate. Barrera is the sole delegate candidate on the Big Brown slate. This is the first contested delegate election in Local 87’s history.
Moralez alleges that Barrera placed campaign literature in employer owned box truck vehicles within the UPS center located in Bakersfield, CA in violation of the Rules. Barrera works nights. He does not deny putting campaign material in the vehicles during his lunch hour but, states that earlier, during the day, there was a table set up inside UPS at the entrance to the Customer Care Center. Two members were ostensibly obtaining member signatures on contracts, but they were also verbally campaigning for the Horsemen Slate and passing out John Moralez’s business cards. Barrera told the investigator that he had read in the Rules that employers could not discriminate by allowing one candidate or slate to campaign on the premises but not the other and, therefore, understood that he was permitted to campaign on employer grounds.
Article VII, Section 12(a) prohibits candidates or members from campaigning during his or her working hours but states that campaigning during paid vacation, paid lunch hours or breaks, and other similar paid time off is not a violation of this section. Article VII, Section 12(d) prohibits campaigning on employer premises without a pre-existing right to do so. Specifically:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fundraising events, or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a non-discriminatory basis.
There is evidence that both slates campaigned on employer premises and that there is no past practice at UPS Bakersfield permitting campaigning on the premises. However, as noted above, this is the first contested election in the local’s history and we decline to make a determination as to the merits of this protest because it was not timely filed. The alleged conduct giving rise to this protest took place on January 29, 2026, but the protest was filed on February 13, 2026. Pursuant to Article XII, Section 2(b) of the Rules, protests are to be filed within two working days of the day when the protestor becomes aware or reasonably should have become aware of the action giving rise to the protest.
Accordingly, we DENY this protest as untimely.
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
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
AJ Barrera
Danette Baker
Edward M. Gleason, Jr.,
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Kelly Hogan