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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: STEFAN OSTRACH,
Protest Decision 2001 EAD 365
Issued: May 11, 2001
OEA Case No. PR121501WE

Stefan Ostrach, a member of Local 206, 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"). Ostrach alleges that General President Hoffa wrongfully took control of the vote counting process in Local 174's elections for local union officers, and violated Article VII, Section 11(g) of the Rules because his motive for doing so was to do harm to the International Officer candidacy of Bob Hasegawa, a candidate for International office on the Tom Leedham Rank and File Power slate.

Election Administrator representative Christine Mrak investigated the protest.

This protest was the subject of our earlier decision in 2001 EAD 121 (February 1, 2001), in which we deferred decision pending the completion of proceedings before Joint Council 28 regarding Local 174's officer election. The Joint Council has issued their decision, which was adverse to Hasegawa on the IBT Constitutional decisions before it. Hasegawa appealed that decision to the IBT's General Executive Board on May 8, 2001, seeking reversal on Constitutional and other grounds.

In addition, on April 9, 2001, since our decision in 2001 EAD 121, Hasegawa was elected as a delegate from Local 174.[1]  Finally, the United States Department of Labor is now conducting an investigation of Hasegawa's complaint concerning the Local 174 officer election, an investigation that relates to the matters now before the General Executive Board that are raised in this protest.

Based on the foregoing, we have determined that it is appropriate to continue to DEFER decision in this matter. We continue to note our cognizance of the fact that it is not the role of the Election Administrator to regulate IBT local union officer elections. Our continued involvement in this matter is necessary only because of the presence of allegations that the conduct of the IBT and General President Hoffa here is improper retaliation against Hasegawa for his candidacy on the Leedham slate in the 2001 International officer election. Because of those allegations and the factual issues that underlie them, the resolution of the internal union appeal is relevant to the Election Administrator's consideration of the protestor's motivational allegations under the Rules. Because of this, continued deferral is appropriate.

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, all within the time period 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 365

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

 

IBT Local 174

553 John St.

Seattle, WA 98109

 

Bob Hasegawa

3121 16th Ave. So.

Seattle, WA 98144

 

Ervin Lemon

IBT Local 174

553 John Street

Seattle, WA 98109

 

Scott Sullivan

14112 141st Ct. SE

Renton, WA 98057

 

Kenneth J. Pederson

101 Elliott Avenue West

Suite 550

Seattle, WA 98119

 

Jon Rabine

IBT Joint Council 28

553 John St.

Seattle, WA 98109

 

John Williams

IBT Local 117

553 John St.

Seattle, WA 98109

 

Paul Drachler

Theiler, Douglas, Drachler & McKee

1904 Third Ave.

Suite 1030

Seattle, WA 98101

 

Andrew Schilling

Assistant United States Attorney

100 Church Street

19th Floor

New York, New York 10007

 

Christine Mrak

2357 Hobart Ave. SW

Seattle, WA 98116

[1]    Nothing in the continued pendency of this protest stands in the way of our certification of the Local 174 delegate election results, which we will certify shortly.