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.