Woo, 2026 ESD 95
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: DAMON WOO ) Protest Decision: 2026 ESD 95
) Issued: May 27, 2026
Protestor. )
INTRODUCTION
Damon Woo filed a protest alleging that members and/or business agents of Local 396 and supporters of Victor Minero’s Teamsters United Slate engaged in harassment, intimidation, and improper conduct toward members of the Fearless 2026 Slate campaigning outside a UPS facility. He further alleges that this improper conduct occurred while the members and/or business agents were on union time.
Charles Deming of the Office of the Election Supervisor (“OES”) investigated this protest.
BACKGROUND
Local 396 is entitled to elect 17 delegates and 17 alternate delegates to the June 2026 IBT International Convention. Following the nomination meeting on January 10, 2026, two slates of candidates were nominated: the Victor Mineros Teamsters United 2026 Slate and the Local 396 Integrity Rank and File Slate.
The protestor alleges that the Fearless 2026 Slate was campaigning outside the UPS-Olympic Hub when members of Victor Mineros Teamsters United Slate arrived to that location and heckled, bad mouthed and “talked trash” harassed to the Fearless 2026 campaigners. He also stated that since the video “more than likely took place on a weekday (workday) and during normal business hours” the Victor Mineros Teamsters United Slate supporters may have been on union time in violation of the Rules. Protestor was not present during the alleged incident but saw it on a video posted on Facebook. Woo claims that this conduct was orchestrated to disrupt Fearless 2026 campaign activity. We disagree.
Woo’s allegations stem from a video posted by the 952 Dump O’Brien Slate on February 16th. The video is 6:37 minutes. Review of the video shows two individuals in black jackets calmly walk up to the area where Fearless 2026 supporters are campaigning on the sidewalk handing out black and yellow Fearless 2026 campaign flyers. The two individuals in the black jackets were identified as supporters of the Victor Mineros Teamsters United Slate. As they approach the group someone off camera can be heard initiating an interaction with them stating, “Hey, you know Ron Herrera’s guys are a lot scarier than you dudes.”[1] The individual who made that comment (a Fearless 2026s supporter) then walks up to one of the Victor Mineros Teamsters United Slate supporters and a political discussion ensues. Others subsequently join into the conversation including, a third supporter of the Victor Mineros Teamsters United Slate. Throughout the conversation, both sides make comments to the others including about O’Brien, who they support, who really cares about the rank-and-file members, crossing the picket line, sanitation and UPS workers. During this conversation, individuals from both sides continue to campaign as UPS employees walk by; Fearless 2026 supporters continue to hand out flyers while Victor Mineros Teamsters United supporters make comments in opposition to Fearless 2026 and in support of their slate (e.g., one Victor Mineros Teamsters United supporter suggests that a UPS worker with a flyer throws it in the trash, and encourages support for Teamsters United. His voice is calm as he makes these statements and does not aggressively approach the employee.
There are no threats made by anyone heard or seen on the video. There is also no physical contact or violence that occurs. In fact, none of the individuals even appear to raise their voices. All campaigners and counter campaigners remain on the sidewalk outside the UPS facility not blocking, not threatening, not assaultive. Moreover, the video shows that Victor Mineros Teamsters United 2026 Slate supporters never interfere with the Fearless 2026 campaigning. In fact, Fearless 2026 can be seen continuing to campaign throughout the duration of the video and at one point, a Fearless 2026 can be heard stating that they had handed out so many flyers.
The investigator spoke with David Castro, President of Local 396 and candidate on the Victor Mineros Teamsters United 2026 Slate. He acknowledged that he had seen the video in question and knew all the business agents counter campaigning against Fearless 2026 and in support of his slate. Castro confirmed that none of the individuals in the video were on the clock at the time of the video.
ANALYSIS
The facts here do not establish a violation of the Rules. The Rules protect members’ rights to engage in campaign activity, including debate, advocacy, and opposition to other candidates. While the Rules prohibit intimidation and retaliation, they do not prohibit vigorous, heated, or even rude political expression. See Rules, Art. VII; Zuckerman, 2015 ESD 7 (July 15, 2015) (loud, rude, aggressive, and obnoxious behavior is protected). To establish intimidation in violation of the Rules, the evidence must demonstrate conduct that is physically or verbally aggressive in a manner that threatens actual harm. Compare Hoffa-Hall 2011, 2011 ESD 323 (September 11, 2011), aff’d 11 EAM 57 (September 16, 2011) (verbal confrontation and touching person’s arm not intimidation) with Pope, 2011 ESD 309 (August 5, 2011) (verbal confrontation followed by intentional striking and knockdown violated Rules); Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll kill you” to violate Rules in light of ongoing animosity between the parties); Smith, P-600-LU150-CSF (April 30, 1996) (finding remark “you’ll be taken out of here in a body bag” to, violate Rules); Kelly, P-600-LU705-CHI (March 27, 1991) (finding aggressive threat to “kick their ass” made in a menacing manner to be harassment in violation of the Rules).
The conduct shown here does not meet that standard. Here, at most, the individuals seen on video engaged in heated political disagreement and advocacy. There are no threats, physical contact, or conduct suggesting imminent harm. No participant appears to raise their voice significantly or engage in physically aggressive behavior. All individuals remained on the public sidewalk, did not obstruct access, and continued their respective campaign activities.
Additionally, there is no evidence that the conduct was orchestrated to interfere with the Fearless 2026 campaign or that it had that effect. The video shows that Fearless 2026 supporters continued to campaign without interruption. Similarly, the record contains no evidence that the individuals involved were campaigning on union-paid time. The protestor has not established that any conduct rose to the level of intimation or harassment prohibited by the Rules, that campaign rights were interfered with, or that any Rules violation occurred.
Accordingly, the protest is DENIED.
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 95
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Damon Woo
d.woo1211@gmail.com
David Castro
davidcastro@local396.net
Victor Mineros
victormineros@local396.net
John Palmer
Richard Hooker
Edward M. Gleason, Jr.,
James L. Donovan Jr.
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Deborah Schaaf
Charles Deming
Kelly Hogan