Protest Decisions

IN RE: BOB HASEGAWA,
Protest Decision 2001 EAD 235
Issued: March 13, 2001
OEA Case No. PR022814WE

Bob Hasegawa, a member of Local 174, an International officer candidate on the Tom Leedham slate and the lead candidate on the Local 174 Rank and File Power Team delegate slate (the "RP slate"), 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"). He alleges that newly elected Local 174 secretary-treasurer Scott Sullivan used union resources by mailing to Local 174's membership a copy of a February 21, 2001 letter to IBT General President candidates James P. Hoffa and Tom Leedham inviting them to a debate at Local 174. Hasegawa claims that the letter makes "politically biased and derogatory statements against the predecessor Hasegawa … administration in the context of the current Delegate and International Officers (sic) elections." Local 174 will mail its delegate election ballots on March 15, 2001; the count date is to follow on April 9.

Election Administrator representative Michael Nicholson investigated the protest.

Findings of Fact

Scott Sullivan defeated incumbent Local 174 secretary-treasurer Hasegawa in the disputed November 2000 local union officer election. See Ostrach, 2001 EAD 121 (February 1, 2001). Pending resolution of that dispute, Sullivan is serving as the local's secretary-treasurer.

On February 21, 2001, Sullivan mailed a letter to Hoffa and Leedham inviting them to a debate at the local union. Hasegawa challenges the tone of the letter, which he claims is crafted towards Local 174's membership, which is shown as a "cc" on the letter.

Specifically, Hasegawa points to the alleged distinction drawn in the letter between the Sullivan administration's "neutrality" in the International officer election and the Hasegawa administration's "alleged extremism (paraphrased) and inability to work with Hoffa and his supporters."

Hasegawa had not received a copy of the letter at the time he filed the protest. Later, Leedham sent him a copy. The language in the letter that appears to be challenged states:

As you are aware, the members of Local 174 have recently elected six new Executive Board members including myself to lead our Local into the future.

Our campaign platform was a simple message. We pledged to represent the interests of Local 174 members, period. In addition, we offered a pledge of "neutrality" in the 2001 International Brotherhood of Teamsters Officers Election. In doing so, we hoped to finally bring to this Local Union something that has been absent for the entire incumbency of our predecessors. Our goal is to bring true democracy to the members by giving them a chance to hear from all known candidates for the Office of General President and thus allowing them to make an informed decision when they cast their vote.

According to Sullivan, the reference in the letter to "the entire incumbency of our predecessors" is a reference to all predecessor administrations, not just the Hasegawa administration.

Contrary to Hasegawa's allegation in his protest letter, according to Sullivan the letter was not mailed or otherwise distributed to the membership of Local 174, but was distributed only to Hoffa, Leedham and some or perhaps all of the members of the Local 174 executive board. Hasegawa offered no evidence to the contrary, and said that he had not heard of the letter being distributed among the membership. The distribution of the letter thus appears to have been limited to the Local 174 executive board.

The current Local 174 executive board has seven members, six of which are members of Sullivan's delegate election slate. The seventh member is an RP slate candidate.

Analysis

There is no evidence that the February 21, 2001 was circulated beyond the Local 174 executive board, Hoffa and Leedham. We thus DENY the protest allegation of improper use of union resources to conduct a mailing intended to influence the local union's delegate election.

However, we GRANT the protest to the extent that it challenges the use of union resources for campaign purposes by the distribution of the letter to candidates Hoffa and Leedham and the members of the Local 174 executive board. We do so because the communication goes beyond its legitimate purpose of publicizing the local union's debate invitation and, in a manner unnecessary to that end, castigates the prior Hasegawa administration. In such circumstances, and given the proximity in time to the local's delegate elections, as well as the connection between the RP slate candidates and the prior local union administration, the "tone, timing and content" of the communication violates Article XI, Sections 8 and 9 of the Rules. See Hoffa Slate, 2001 EAD 204 (March 1, 2001); Pope, 2000 EAD 4 (August 1, 2000), aff'd, 00 EAM 3 (August 29, 2000); Martin, P10 (July 27, 1995), aff'd, 95 EAM 18 (October 2, 1995); Halstead, 2000 EAD 6 (August 1, 2000).

Remedy

When the Election Administrator determines that the Rules have been violated, he "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator views the nature and seriousness of the violation as well as its potential for interfering with the election process.

To remedy Sullivan's violation, we order him and all recipients of the February 21, 2001 letter to refrain from any distribution of the letter to any person, and to mail all copies of the letter in their possession or control to the Election Administrator at the address set forth below, so that they are received by no later than March 16, 2001. No copies of the letter are to be retained by any person or entity, other than candidates Leedham and Hoffa. Further, all such persons are to identify to the Election Administrator in a writing to be received by that date any person to whom they distributed a copy of the letter. We further order Sullivan to cease and desist from any further violations of the Rules. Nothing herein shall preclude the candidate debate sought by Sullivan.

An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).

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 15^th Street NW, Tenth Floor, Washington, DC 20005 (facsimile: 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 235

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

Bob Hasegawa

1321 16^th Avenue South

Seattle, WA 98144

IBT Local 174

553 John Street

Seattle, WA 98109

Dan Scott

12924 - 64^th Avenue S.E.

Snohomish, WA 98296

Donny Jones

109 N. 178^th Street

Shoreline, WA 98133

Scott Curley

43741 - 149^th Street S.E.

North Bend, WA 98045

Timothy Corner

19032 - 295^th Street

Kent, WA 98042

Anthony Murrietta

21011 1^st Place South

Des Moines, WA 98198

Scott A. Sullivan

14112 141^st Court SE

Renton, WA 98059

Rick Hicks

13623 267^th Place

Kent, WA 98042