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 15th 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 16th Avenue South
Seattle, WA 98144
IBT Local 174
553 John Street
Seattle, WA 98109
Dan Scott
12924 - 64th Avenue S.E.
Snohomish, WA 98296
Donny Jones
109 N. 178th Street
Shoreline, WA 98133
Scott Curley
43741 - 149th Street S.E.
North Bend, WA 98045
Timothy Corner
19032 - 295th Street
Kent, WA 98042
Anthony Murrietta
21011 1st Place South
Des Moines, WA 98198
Scott A. Sullivan
14112 141st Court SE
Renton, WA 98059
Rick Hicks
13623 267th Place
Kent, WA 98042