Frankian, 2026 ESD 124
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
FRANKIAN, JARED, )
) Protest Decision: 2026 ESD 124
Protestor, ) Issued: September 9, 2026
______________________ ) OES Case No. P-161-081026
BACKGROUND AND ANALYSIS
Jared Frankian filed a protest against Justin Scott and Gilbert Prieto for failure to comply with the remedial order issued pursuant to Mejia, Garlick, et al., 2026 ESD 117 (Aug. 3, 2026) (“2026 ESD 117”).
2026 ESD 117 was issued on August 3, 2026 ordering the following:
- Scott was ordered to immediately reinstate Mejia, Garlick, and White to their former positions as shop stewards;
- Scott and other members of the Local 431 Executive Board were ordered to cease and desist from further retaliation in violation of the Rules;
- Local 431 was ordered to immediately post the notice attached to the decision on (1) all employer bulletin boards, (2) bulletin boards at Local 431 offices, and (3) on the homepage of Local 431’s website for a period of 30 days, beginning no later than August 5, 2026;
- File affidavits attesting to the completion of the posting of the required notice and identifying each posting location by August 7, 2026.
On August 5, 2026, Frankian filed an appeal of that decision. On August 10, 2026, Frankian filed this new protest for failure to comply with the order in 2026 ESD 117. The next day, the Office of the Election Supervisor acknowledged his protest and assigned investigators Deborah Schaaf and Charles Demining. That same day, Schaaf spoke with Scott who stated that he thought that because an appeal had been filed, the order did not go into effect until after the appeal process was complete. After speaking with Schaaf, he started facilitating the posting of the notice attached to 2026 ESD 117. Documents provided by Scott corroborate his statements.
On August 13, 2026, Scott sent a certified letter to Mejia, White, and Garlick notifying them of their immediate reinstatement to their former positions as shop stewards.
On the morning of August 15, 2026, Frankian sent additional correspondence and materials about the continued failure to fully comply. Specifically, Frankian sent images showing that the notice was “absent from Local 431’s active official online channels.”
That same day, Deming spoke with Peter McEntee, counsel for Local 431 including the requirement that Spanish versions of the notice be posted and that the required notice must be posted on Local 431’s website. OES was notified that Local 431 does not have its own website but it does maintain Facebook and Instagram pages. He was instructed to post the notice on those pages. That same day, the English notice was posted on Local 431’s Facebook page and Instagram page. The following day, McEntee notified Deming that the OES did not provide a Spanish version of the notice, which was correct. The OES immediately requested an official translation of the notice.
On August 18, 2026, Frankian provided a photograph from a bulletin board at the union hall in 431 without a copy of the notice posted.
On August 19, 2026, Scott provided his first affidavit consistent with earlier communications regarding compliance including attesting to his misunderstanding that the appeal did not stay the compliance with the ordered remedy, that he immediately directed business agents and representatives to post a copy of the notice to the required employer bulletin boards, and attesting to his compliance with the posting requirements of 2026 ESD 117 except for the Spanish version of the posting because he did not yet have a copy of it, which he stated he would promptly post upon receipt from the OES, and confirming that Mejia, White and Garlick were reinstated. Scott subsequently provided a second affidavit and supporting documentation to show that the required postings were made on employer bulletin boards and Local 431’s union bulletin board and attesting to his compliance with the remainder of the order in 2026 ESD 117. Notably, Scott clarified that he had initially instructed the notice to be posted on all employer bulletin boards listed in Local 431’s Form 43 submitted with its Local Union Delegate Election Plan but discovered that the list inadvertently omitted certain employer locations. Accordingly, Scott revised the list of employer bulletin boards and confirmed compliance with the posting requirements. Finally, as a result of the delay of his compliance, Scott also agreed to keep the required postings up through September 30, 2026.
Finding that Scott did not intentionally fail to timely comply, his cooperation following the filing of this protest, the fact that he has demonstrated substantial compliance with the order issued in 2026 ESD 117 and agreed to maintain the postings for 30 days from the date of posting as requested by the OES, we deem this matter 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 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):
Jared Frankian
Justin Scott
Gilbert Prieto
Robert Bonsall
Richard Hooker
John Palmer
Edward M. Gleason, Jr.,
James L. Donovan Jr.
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Deborah Schaaf
Kelly Hogan
[1] On September 2, 2026, Frankian filed a new protest alleging retaliation by Local 431’s executive board. Those allegations are the subject of a separate investigation.