Palmer & Fearless Slate, 2026 ESD 110
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: PALMER AND )
FEARLESS SLATE ) Protest Decision 2026 ESD 110
)
Protestor. ) Issued: June 12, 2026
)
) OES Case Nos. P-150-052726
INTRODUCTION
John Palmer is a candidate on the Fearless Slate and is running for General Secretary-Treasurer for the International Brotherhood of Teamsters (IBT). On May 27, 2026, Palmer filed a pre-election protest, assigned as P-150-052726 (“P-150”), against Sean M. O’Brien, General President of the IBT and a candidate for re-election and against the O’Brien Zuckerman Teamsters United 2026 Slate (“OZ Slate”). Palmer asserts that O’Brien and the OZ Slate have willfully failed to comply with the remedies we ordered in In Re: Palmer and Fearless Slate, 2026 ESD 87 (May 21, 2026).
In 2026 ESD 87, we found that O’Brien and the OZ Slate violated the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (the “Rules”) by using employer funds to support campaign speech by O’Brien in Episode 65 of the podcast “Better Bad Ideas with Sean O’Brien,” which airs online on several platforms, including YouTube, Apple Podcasts, Spotify, Instagram, X, and TikTok, according to an online search. We ordered removal of the portions of Episode 65 where campaign speech was found (reproduced in our decision). In addition, we ordered removal of the portions of Episodes 55 and 58 of the same podcast where campaign speech was found (also reproduced in our decision).[1] We found in our decision that the “object, or foreseeable effect of the [employer] contribution is [to] influence, positively or negatively, the election of a candidate,” in violation of Article XI, Section 1(b)(2) of the Rules. For the reasons set forth herein, we GRANT the protest.
OES Investigator Joe F. Childers investigated this protest.
PROTEST
To remedy the violation found in 2026 ESD 87, we ordered:
(1) Respondents O'Brien and the OZ Slate shall immediately cease accepting or using improper employer contributions including in connection with any podcast episodes or other broadcast content containing campaign speech, as defined in the Rules, for the remainder of the 2025-2026 IBT International Officer Election cycle.
(2) LaborFirst and Keches Law Group shall immediately cease making improper campaign contributions including sponsoring any episode of “Better Bad Ideas with Sean O'Brien,” or any substantially similar broadcast platform operated by or featuring a declared IBT International Officer candidate, so long as any such episode or broadcast contains campaign speech within the meaning of the Rules.
(3) Within three (3) working days of this decision, O'Brien shall disclose to the Election Supervisor the total amount of sponsorship payments received from LaborFirst and from Keches Law Group in connection with Episode 65 of “Better Bad Ideas with Sean O'Brien.” Disclosure shall include the payment dates, payment amounts, and the identity of the payee for each payment. Within five (5) working days of this decision O’Brien shall disgorge said funds by forwarding payment equal to such payments received to the Office of the Election Supervisor.
(4) All recordings, transcripts, contracts, agreements, invoices, and financial records relating to the sponsorship arrangements between O'Brien, the OZ Slate, and any sponsor of “Better Bad Ideas with Sean O'Brien” shall be preserved. No such records shall be altered, destroyed, concealed, or transferred pending further order of the Election Supervisor.
(5) Within two (2) days of the issuance of this decision, O'Brien shall remove from YouTube and any other online platform on which such episodes appear the portions of Episodes 55, 58, and 65 of “Better Bad Ideas with Sean O'Brien” identified above in the body of this decision. Within three days of the removal of this dialogue, O’Brien shall certify to the Election Supervisor that such dialogue has been removed and identify all online platforms from which it was removed.
(6) Within two (2) days of the issuance of this decision, the OZ Slate shall post a notice, in the form attached hereto, conspicuously on its website and keep it posted for 30 days following the issuance of this decision. Furthermore, O’Brien shall cause this notice to be posted conspicuously on the YouTube channel of the podcast, “Better Bad Ideas with Sean O’Brien,” and on any other online platforms where Episodes 55, 58, and 65 have appeared, where it will be available for viewing at the beginning of every episode of the podcast and keep it posted for 30 days following the issuance of this decision.
The protestor has alleged that the OZ Slate has failed to comply with the remedial order by failing to “post a notice, in the form attached hereto, conspicuously on its website and keep it posted for 30 days following the issuance of this decision.” Furthermore, it is alleged that O’Brien has failed to “cause this notice to be posted conspicuously on the YouTube channel of the podcast, “Better Bad Ideas with Sean O’Brien,” and on any other online platforms where Episodes 55, 58, and 65 have appeared, where it will be available for viewing at the beginning of every episode of the podcast and keep it posted for 30 days following the issuance of this decision.” Palmer also alleged that O’Brien has not removed the prohibited speech from other online platforms where it has appeared, and he cited two examples: podchaser.com and rephonic.com. There is no allegation that paragraphs one through four of the remedy quoted above have been ignored, and they are not considered here.
In 2026 ESD 87:
The Election Supervisor retained jurisdiction to impose additional remedies, including monetary sanctions and disgorgement of sponsorship payments, if prohibited conduct continues after this decision or if the disclosures required by paragraph 3 reveal violations not addressed herein. 2026 ESD 87, p. 17
INVESTIGATION
Our investigator interviewed counsel for the OZ Slate, Ed Gleason, Treasurer for the OZ Slate, Jimmy Donovan, counsel for the protestor, Seth Goldstein and Retu Singla, and a technical expert used by OES, James Marquis. Gleason and Donovan made it clear to our investigator that they could speak only on behalf of the slate and not on behalf of Sean O’Brien individually. They also indicated that the OZ Slate has no involvement or control over the podcast “Better Bad Ideas with Sean O’Brien,” and that only O’Brien has the ability to alter the content of the podcast or post the notice required by our decision to be posted at the beginning of each episode of the podcast. Having said that, Gleason and Donovan did offer that the OZ Slate was able to effectuate the removal of Episodes 55, 58, and 65 in their entirety from YouTube, Apple, and Spotify podcast platforms but have no ability to remove them from sites like podchaser.com or rephonic.com, which they described as “scraper” websites. Our technical expert confirmed that scraper or aggregator websites, such as podchaser.com and rephonic.com gather podcasts from primary sites like Apple and rebroadcast them to their websites in order to drive internet traffic there. The ability to have any control over those aggregator sites is extremely difficult and limited. Typically, if podcasts are removed from the primary sites, they will ultimately be removed from the aggregator sites as they refresh. A review by our investigator revealed that these two aggregator sites continue to display Episodes 55, 58, and 65 as of June 11, 2026, while the episodes were removed from the three primary sites in a timely manner.
In response to our remedy to post the notice attached to our decision “conspicuously,” the OZ Slate posted the notice under “notices” on its website, OZ2026.com. This tab, appearing along with eight others at the bottom of the website homepage, is inconspicuous. On June 2, 2026, after this was questioned by our investigator, the notice itself was placed on the homepage although in very small font. As noted by the protestor, the font of the notice is so small as to not be able to read it unless it is clicked, at which time a much larger font version appears. The current version’s font is smaller than the hyperlinks that appear just below it on the homepage, while other statements imploring viewers to shop OZ gear appear much larger.
There appears to be no attempt to comply with our remedial order to post the notice at the beginning of each episode of “Better Bad Ideas with Sean O’Brien” that appears on primary podcast sites such as YouTube, Apple, and Spotify. We credit the statements of the OZ Slate that it does not control the content of the podcast and has no ability to effectuate the order. However, Sean O’Brien has filed no documents evidencing his compliance with the remedial order of the Election Supervisor and has not otherwise responded to the remedial orders set forth in 2026 ESD 87.
ANALYSIS
O'Brien has not complied with our remedial order issued in 2026 ESD 87. The orders of the Election Supervisor must be taken seriously, and we find that this noncompliance is willful and disrespects the Office of the Election Supervisor. O'Brien failed to respond to our order that the notice attached to 2026 ESD 87 be posted conspicuously at the beginning of each episode of his podcast appearing online. The OZ Slate, represented by counsel, did respond, stating that it lacks the ability to comply because it does not control the podcast or its content. That explanation has merit as to the OZ Slate, but it does not excuse O'Brien. OZ Slate's own spokespersons acknowledged that it is O'Brien acting alone who created and controls the podcast. It was likewise O'Brien alone who chose to accept employer contributions to fund the podcast and to populate at least three episodes with blatant campaign rhetoric.
The orders issued in 2026 ESD 87 were immediately effective upon issuance. A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996) (rejecting the argument that the Election Supervisor's decisions are automatically stayed pending appeal); O'Brien et al., 2026 ESD 26 (January 6, 2026). O'Brien did not appeal 2026 ESD 87, nor did he seek a stay or otherwise challenge the remedial order. O’Brien had no right to delay compliance pending appeal or for any other reason. A party subject to an order of the Election Supervisor who believes good cause exists for relief from that obligation must affirmatively request a stay; it is not granted automatically. Lopez, 96 EAM 73; O'Brien et al., 2026 ESD 26. His total silence in the face of an immediately effective remedial order, without any request for a stay or other relief, supports our finding of willful noncompliance.
As to the OZ Slate, the initial posting of our required notice behind a small hyperlink labeled "Notices" at the bottom of its homepage was not compliant with our order for a conspicuous posting. The later posting of the notice on the homepage in illegible font was also not conspicuous.
As to the allegation that Episodes 55, 58, and 65 remain accessible on podchaser.com and rephonic.com, we credit The OZ Slate's explanation, which was confirmed by our own expert. Those are aggregator websites that collect podcast content independently from primary platforms. The OZ Slate timely removed the episodes from YouTube, Apple, and Spotify. Its inability to cause removal from independent third-party aggregator sites does not constitute non-compliance with remedy (5) of 2026 ESD 87, and the protest is denied as to that allegation.
FINDING AND REMEDY
Article XIII, Section 4 of the Rules provides that when the Election Supervisor determines that the Rules have been violated, the Election Supervisor "may take whatever remedial action is appropriate." The Election Supervisor's discretion in fashioning an appropriate remedy is broad and is entitled to deference on appeal. Hailstone & Martinez, 10 EAM 7 (September 14, 2010). In fashioning that remedy, the Election Supervisor considers the nature and seriousness of the violation and its potential for interfering with the election process. Trujillo, 2021 ESD 112 (May 12, 2021). Where the respondent has previously violated the Rules or failed to cooperate with the investigation, those factors also weigh in favor of a more substantial sanction. In re Teamster Power, 2021 EAM 21 (October 14, 2021). Orders to cease and desist, post notices, and attest to compliance are all appropriate remedies where violations have occurred. Johnson, 2025 EAM 2 (November 4, 2025). Fines are appropriate when proportionate and remedial in nature, and prior precedent supports assessments ranging from $1,000 to $2,500 where aggravating factors are present. In re Teamster Power, 2021 EAM 21; O'Brien-Zuckerman 2021, 2020 EAM 3 (September 4, 2020).
ACCORDINGLY, the Election Supervisor GRANTS the protest, as follows:
(1) O'Brien willfully disregarded the remedial order of the Election Supervisor issued in 2026 ESD 87 by failing to respond to our order that the notice attached to 2026 ESD 87 be posted conspicuously at the beginning of each episode of his podcast appearing online, and by failing to cause such postings.
(2) The OZ Slate disregarded the remedial order of the Election Supervisor issued in 2026 ESD 87 by failing to conspicuously post the required notice on its website as ordered.
Failure to comply with a remedial order issued by the Election Supervisor is a serious offense. Failure to acknowledge such an order at all is worse. O'Brien failed to cooperate by failing to take any remedial action as required by 2026 ESD 87. The OZ Slate cooperated with this investigation but nevertheless evaded the remedial order by failing, on two separate occasions, to post the required notice in a conspicuous manner.
We treat the two respondents differently for purposes of the financial remedy. O'Brien has been found to have violated the Rules twice in this election cycle: 2026 ESD 87 found him responsible for the underlying employer-contribution violation, and this decision establishes his willful disregard of the resulting remedial order. His total silence constitutes both a prior violation and a failure to cooperate, the two aggravating factors that supported the maximum $2,500 fine in In re Teamster Power, 2021 EAM 21. Weighing all of the facts here, we find that a fine of $1,500 is appropriate. The OZ Slate cooperated with this investigation. Where a respondent cooperated and is not a serial offender, a fine may not be warranted at all. Johnson, 2025 EAM 2 (November 4, 2025).
The requirement that O'Brien immediately cause this notice to be posted conspicuously on the YouTube channel of the podcast, “Better Bad Ideas with Sean O’Brien,” and on any other online platforms where the podcast maintains an account, including but not limited to Spotify and Apple, follows directly from the nature of the underlying violation. The podcast was the vehicle through which O'Brien conveyed improper campaign speech funded by employer contributions. Requiring him to use that same platform to deliver the remedial notice to the same audience is proportionate to the violation and tailored to address its actual impact. Article XIII, Section 4 authorizes this remedy.
Accordingly, we impose the following remedies:
(1) O'Brien shall immediately cause the notice required to be posted by 2026 ESD 87 to be posted conspicuously on the YouTube channel of the podcast, “Better Bad Ideas with Sean O’Brien,” and on any other online platforms where the podcast maintains an account, including but not limited to, Spotify and Apple, where it shall remain for thirty days from the date of this decision.
(2) Within three days of this decision, O'Brien shall pay a fine to the Election Supervisor of $1,500.
(3) Within two days of this decision, the OZ Slate shall cause to be posted on the homepage of its website, oz2026.com, the notice required by 2026 ESD 87 in a font no smaller than 12 points, and shall keep that notice posted for thirty days.
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.
Timothy S. Hillman
Election Supervisor
cc: Barbara Jones, IBTappealsmaster@bracewell.com
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
John Palmer
Retu Singla
Seth Goldstein
sgoldstein@workingpeopleslaw.com
Richard Hooker
Edward M. Gleason, Jr.,
James L. Donovan Jr.
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Joe Childers
Joe Dever
Kelly Hogan
[1] We did not find a violation as to Episodes 55 and 58 due to the untimeliness of the protests. However, using our broad remedial power, we ordered the offending speech from those episodes to be removed. As we stated in our decision, “When the Rules have been violated, the Election Supervisor ‘may take whatever remedial
action is appropriate.’” Article XIII, Section 4. 2026 ESD 87, p. 16.