Bentley, 2026 ESD 71
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: MICHAEL BENTLEY ) Protest Decision: 2026 ESD 71
) Issued: April 28, 2026
Protestor. )
) OES Case No. P-123-031-426
)
INTRODUCTION
Michael Bentley filed a pre-election protest against Rick Armstrong and the Armstrong-Gibbs slate, alleging that Armstrong, President for Local 391, distributed campaign materials while on union time in violation of the Rules for the 2025-2026 International Brotherhood of Teamsters International Union Delegate and Officer Election (“Rules”).
Felicia Hardesty of the Office of the Election Supervisor (“OES”) investigated this protest.
BACKGROUND
On March 14, 2026, Bentley alleges that while entering the front door for a union meeting in Greensboro, North Carolina, he noticed Armstrong/Gibbs flyers in the foyer. The investigator interviewed Armstrong, and reviewed the alleged flyers, in connection with the investigation. Additionally, the investigator reviewed Local 391’s Form 24 which is required for a candidate’s request to distribute literature.[1]
Armstrong completed the Form 24, which allocated a literature table to be included in the foyer of the union hall in Greensboro. The literature was then placed on the foyer table in accordance with the Form 24. The protestor was sent a copy of the Form 24 by the investigator. Upon receiving the Form 24, the Protestor stated that he believed the protest to “be resolved.” Additionally, the investigator was present at the ballot count on April 21, 2026, and stated that the New Vision slate also had campaign material on the Local 391 Foyer table.
Article VII, Section 7(h) of the Rules states,
Subject to such Advisory or further guidelines as may be established and published by the Election Supervisor, each Local Union must establish a literature table and/or bulletin board in a public area of each Local Union facility which is open to members for the nondiscriminatory distribution/display of campaign literature for the 2026 IBT International Union Officer Election. The candidate or slate responsible for literature distributed or displayed under this subsection shall at all times be responsible for paying copying and distribution costs relating to the distribution or display.
Additionally, literature in the foyer of union meetings is permitted under the Rules. See Zuckerman, 2015 ESD 4 (June 28, 2015) (glass display case in Local Union 651’s foyer designated at literature table under Article VII, Section 7(h) of the Rules); see also Zuckerman, 2016 ESD 292 (Sept. 28, 2016) (holding that literature tables are reserved for placement of campaign literature by candidates and are not open to campaign messages from members or other persons who are not candidates).
Here, the Armstrong/Gibbs slate had campaign literature in the designated table of the foyer of the union hall, in accordance with all applicable Rules. Moreover, the Form 24, provided the appropriate process for the Armstrong/Gibbs slate to distribute, and that process was complied with.
For these reasons, 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 71
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Michael Bentley
Rick Armstrong
Richard Hooker
Edward M. Gleason, Jr.,
David Suetholz
Will Bloom
Ken Paff
Hon. Timothy S. Hillman (Ret.)
Felicia Hardesty
Paul Dever
Thomas Kokalas
Emily Balzano
Emily.balzano@nelsonmullins.com
Kelly Hogan
[1] OES Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature Inside Union Halls provides additional information regarding the requirements under Article VII, Section 7(h) of the Rules. The Advisory provides for the requirement of an OES Form 24.