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Martinez, 2026 ESD 98

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FREEDI MARTINEZ ) Protest Decision: 2026 ESD 98

)

) Issued: May 29, 2026

Protestor. )

) OES Case No. P-115-030626

)

BACKGROUND

Freedi Martinez filed a pre-election protest against Erin Borgardt and the Teamsters Local 481 Solidarity Slate (“Solidarity Slate”) alleging that Borgardt and the Solidarity Slate, in conjunction with Teamsters General President Sean O’Brien, coordinated efforts and utilized union resources to further their respective campaigns, in violation of the Rules for the 2025-2026 International Brotherhood of Teamsters International Union Delegate and Officer Election (“Rules”).

Martinez was a candidate for delegate at Local 481 as a member of the Local 481 Unity Slate (“Unity Slate”). Borgardt, Secretary-Treasurer and Principal Officer of Local 481 was a competing candidate for delegate on the Solidarity Slate. The ballot count was held on April 3, 2026. All of the candidates for delegate and alternate delegate on the Solidarity Slate were elected with the smallest margin of victory being 199 votes for delegate and 214 votes for alternate delegate.

Pearl Moenahele-Hill of the Office of the Election Supervisor (“OES”) investigated this protest including, but not limited, to interviewing protestor Freedi Martinez, Mark Dodson, a Local 481 member, and Erin Borgardt.

INVESTIGATION AND FINDINGS

Investigation revealed that on March 4, 2026, Local 481 hosted multiple meet and greet events featuring O’Brien for its members at multiple employer worksites in San Diego. The protestor stated that these meet-and-greets were the culmination of efforts by Borgardt and O’Brien since at least January 2026 to further their respective campaigns – for Borgardt, who headed a slate running in the Local 481 delegate election and for O’Brien, who would be seeking re-election to a second term as the Teamsters General President. Hosting activities included coordination of the worksite visits with management, printing and distribution of promotional flyers, postings on the Local’s website and social media sites, purchase of refreshments for each site visit, and onsite support by Local officials (primarily Borgardt and Local 481 President Brandon Rowley), who accompanied O’Brien on these visits while on union-paid time. Martinez attended the meet-and-greet for San Diego Zoo Teamster members during his lunch break.

Martinez did not hear or witness any campaigning by O’Brien or Borgardt at the meet and greet. However, Martinez maintains that O’Brien’s and Borgardt’s coordinated efforts to support each other’s campaigns are evidenced in the timeline of events preceding O’Brien’s visit, commencing with the Local’s January 6, 2026, nomination meeting for delegates and alternate delegates to the IBT convention. On January 13, 2026, Borgardt endorsed O’Brien for re-election via an Instagram post. In February, by postcard mailed to the entire Local 481 membership, O’Brien endorsed Borgardt and the Solidarity Slate in the delegate election. At the Local’s general membership meeting on February 10, 2026, Borgardt announced that O’Brien would be visiting Local 481 units in March; additional details to be announced. On March 4, 2026, Local 481 delegate election ballots were mailed to the Local 481 membership. Also on March 4, 2026, O’Brien visited multiple Local 481 worksites, accompanied by Borgardt at each location. Other Teamsters officials who were present at one or more of the worksite visits included Local 481 President Brandon Rowley; Local 396 Secretary-Treasurer Victor Mineros (also IBT Vice President - Western Region and a candidate for re-election as a member of the O’Brien Zuckerman Teamsters United 2026 Slate); and Local 399 Secretary-Treasurer Lindsay Dougherty (also IBT Vice President At-Large and a candidate for re-election as a member of the O’Brien Zuckerman Teamsters United 2026 Slate).

Dodson, who was not a candidate in the delegate election, stated that he attended the meet-and-greet with O’Brien on March 4, 2026, at the San Diego Zoo. He stated that he thought it felt more like a campaign event than a meeting between union members and leadership. He disputed that O’Brien’s worksite visits were a “coincidence,” as characterized by Local 481 officials, and agreed with Martinez that the timeline of events leading up to this were planned well in advance to ensure that Borgardt and the Solidarity Slate won the delegate election.

Dodson went to the meet-and-greet while on his lunch break. More than half of the Local’s membership is employed at the Zoo. Borgardt is also a Zoo employee and arranged with management to use a back area for this event. The area is known for having a high concentration of Local 481 members who work in the trades. Many of the Zoo’s most veteran members are the electricians, plumbers, carpenters, horticulturists, etc., whose base is in this back area.

The Local provided pizza for members at the event. O’Brien had his film crew there and was shaking hands with everyone. Dodson shook his hand. Borgardt wanted a photo with O’Brien, so several members posed from inside as well as in front of a parked school bus. Two photos were taken: one with everyone “fists up,” and another with everyone “giving the bird.”

Dodson did not witness any overt campaigning by O’Brien or Borgardt. During this event, Dodson received a tee shirt with the words “Teamsters -vs- Everybody,” along with a black beanie cap with the word “Teamsters” with its logo. The tags for these items stated “Sean O’Brien, Teamsters President, official union apparel.” The entire event took place mid-morning and lasted about an hour.

Borgardt told our investigator that O’Brien visited with members as the Teamsters General President and not as a candidate seeking re-election. It is just part of O’Brien’s regular schedule to make site visits. On or about February 5, 2026, Borgardt received a call from O’Brien’s office to schedule site visits for him on March 4, 2026, when O’Brien would be in San Diego to attend a meeting of the UPS National Grievance Panel. Borgardt arranged site visits to four of the Local’s largest employers between the hours of 6 a.m. and 11 a.m. These visits began with a visit hosted jointly with Local 542 to the UPS hub in San Diego. This was followed by Local 481 worksite-only visits to Ace Parking and Avis/Hertz at the San Diego Airport and ended at the San Diego Zoo. While O’Brien made complimentary remarks about leadership at Locals 481 and 542, they were not made in a campaigning context. O’Brien’s office also provided non-campaign related “Teamsters” tee shirts for giveaways to members. The Local provided the food during the Local 481 worksite-only visits (bagels at Ace Parking, pizza at Avis/Hertz and San Diego Zoo).

ANALYSIS

The facts here do not establish a violation of the Rules. [Article VII, Section 12(c)]. The protestor has offered no evidence that the election of International Officers or the election of delegates was discussed at the meeting that took place at the San Diego Zoo. See 2025 ESD 15, In re Skoog (November 24, 2025). Furthermore, union officers have a right and duty to exercise the powers of their office to report to IBT members on matters of general concern. See PR-100-KHC-EOH, In re Hoffa (July 1, 1998); Campanella, PR-025-IBT-NCE (November 14, 1997) citing Martin, P-010-IBT-PNJ (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). Furthermore, the protestor’s allegation that the “timing” of the O’Brien visits to San Diego IBT members translates to campaigning must be rejected. See P-1211-IBT-CLE, P-1288-IBT-EOH, In re Atha (November 25, 1996). O’Brien was in San Diego on legitimate union business to attend a UPS National Grievance Panel, While in San Diego, it was within O’Brien’s duties and responsibilities to meet with IBT rank-and-file members.

The protestor has not presented sufficient evidence for us to find a violation of the Rules. It is not incumbent on this office to search for and find Rules violations; rather, it is the duty of the protestor to present evidence of such. Article XIII, Section 1 of the Rules states, “. . . With respect to any protest, it shall be the burden of the protestor to present evidence that a violation has occurred.” Here, the Protestor has failed to meet his burden. Accordingly, this protest is denied.

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 98

DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):

Freedi Martinez
freedimartinez30@gmail.com

Erin Borgardt
eborgardt@teamsters481.org

Richard Hooker

hookabrasi@gmail.com

John Palmer

Jpalmer8734@gmail.com

Edward M. Gleason, Jr.,