Johnson, 2026 ESD 85
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: DWAYNE JOHNSON ) Protest Decision 2026 ESD 85
Protestor. ) Issued: May 21, 2026
)
______________________________) OES Case No. P-122-031326-AT
INTRODUCTION
The protestor, Dwayne Johnson, was a candidate for delegate on the Teamsters United 2026 slate at Local Union 322 in Richmond, Virginia. The ballot count was held on March 12, 2026. Two delegates and one alternate delegate were elected by the membership. There were two full slates competing, Teamsters United 2026 and Fight 322, and one partial slate, the Newman/Lewis slate consisting of two candidates for delegate. In addition, there was one individual candidate for alternate delegate, Eugene Vango. The results of the election for delegates were as follows: Anthony Mosby 240 votes; Eric Ragland 226 votes, Dwayne Johnson 142 votes, and Marcus Marshall 113 votes. For the reasons stated below, we deem this protest RESOLVED.
PROTEST
Johnson filed this protest alleging that two observers for the Fight 322 slate, Jennifer Hancock and James Smith, were paid for their time off to attend the ballot count by Local 322 and that this constitutes an unlawful campaign contribution to the Fight 322 slate by Local 322. The protestor alleges that Brian Peyton, Principal Officer of Local 322, and an adversary of Johnson (see 2025 EAM 2 and 2026 EAM 8) wrongfully notified Hancock’s and Smith’s employer, UPS, that the two would be off on union business on March 12, 2026. Johnson further alleged that at the direction of Peyton, Hancock and Smith were wrongfully paid by the local for their time off to observe the ballot count in violation of Article IX of the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (“Rules”).
OES Investigator Joe F. Childers investigated this protest.
INVESTIGATION AND FINDINGS
Investigation revealed that on March 9, 2026, Peyton sent two letters to Mr. Levi Fletcher, United Parcel Service, Mid Atlantic District, 9601 Coach Road, North Chesterfield, Virginia 23237, notifying the employer that Hancock and Smith would be off work “on union business” on March 12, 2026. This complied with the Rules, Article IX, Section 1(f). Investigation further revealed that on March 13, 2026, the Local Union directly deposited funds consisting of payment for 4 hours work by Mr. Smith and 5 hours work for Ms. Hancock into their respective bank accounts. Article IX, Section 1(a) of the Rules provides:
. . . Each candidate nominated for such position and each slate of candidates nominated for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the election process. . .
(emphasis added)
Had this been the end of it, payment by the local for Hancock’s and Smith’s time off to observe the ballot count would clearly constitute a violation of the Rules. However, when Peyton realized his mistake he directed the office manager, Sharon Hooper, to request that Hancock and Smith personally reimburse Local 322 for these payments. By bank check dated March 19, 2026, from Call Federal Credit Union, Smith did so by paying a check in the amount of $130.55 to Local 322. Likewise, by personal check dated March 21, 2026, Hancock repaid Local 322 in the amount of $185.55.
Upon discovering this mistake, Peyton, Hancock and Smith appropriately and promptly responded, including repaying Local 322 in full. This prompt corrective action is consistent with their stated explanations that the payment was an inadvertent error. We have no evidence showing that the payment to Hancock and Smith for their time off observing the ballot count was anything other than a mistake.
Accordingly, we deem this protest to be RESOLVED.[1]
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 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 85
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Dwayne Johnson
Brian Peyton
brian.peyton@teamsterslocal322.org
Jennifer Hancock
jennifer.hancock@teamsterslocal322.org
James Smith
Richard Hooker
John Palmer
James L. Donovan Jr.
Edward M. Gleason, Jr.,
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Joe Childers
Kelly Hogan
[1] We further note that this protest is considered in the post-election context and even to the extent a violation occurred, it did not affect the outcome. See Bianchi, P-526-LU390-SEC (Apr. 2, 1996) (finding a violation of the Rules but denying the protest because the violation did not affect the outcome of the election); see also Buchei, 2026 ESD 80 (May 18, 2026).