IN RE: BOB HASEGAWA,
Protest Decision 2001 EAD 385
Issued: June 11, 2001
OEA Case No. PR052311WE
Bob Hasegawa, a delegate from Local 174 and a candidate for International office, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Hasegawa alleges that Jerry Halberg and the IBT retaliated against him for his Rules-protected activity by reinstating an appeal of an internal union charge Halberg had previously made against him. This protest was the subject of our earlier decision in 2001 EAD 382.
Since the issuance of that decision, Halberg has agreed to refrain from any further appeal of the disposition of the charges against Hasegawa, and the IBT's General Executive Board has accordingly reinstated its declaration that the Board's July 12, 1994 dismissal of Halberg's charges against Hasegawa is final. On that basis, we deem the protest allegations RESOLVED and WITHDRAW our earlier decision in 2001 EAD 382.
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. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1501), all within the time prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 385
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Jerry Halberg
IBT Joint Council 28
553 John Street
Seattle, WA 98178
IBT Local 174
553 John Street
Seattle, WA 98109
C. Thomas Keegel
IBT General Secretary-Treasurer
25 Louisiana Avenue NW
Washington, DC 20001
James P. Hoffa
IBT General President
25 Louisiana Avenue NW
Washington, DC 20001
Bob Hasegawa
3121 16th Ave. So.
Seattle, WA 98144
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116