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The Honolulu Advertiser
Posted on: Monday, June 11, 2001

IBEW local sues former leader Waialeale

By Frank Cho
Advertiser Staff Writer

The union that represents about 2,000 workers at Verizon Hawai'i is suing a former leader who helped trigger a federal investigation of the union's election practices.

George Waialeale was unseated by Harold Dias in 1998 as head of Local 1357 of the International Brotherhood of Electrical Workers.

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Local 1357 of the International Brotherhood of Electrical Workers filed suit against George Waialeale last week in 1st Circuit Court, just hours before U.S. Department of Labor officials filed their own lawsuit accusing the union of violating federal labor laws.

According to court records, the Labor Department is investigating the union's disqualification of Waialeale from running for his old job as financial secretary and business manager during last February's election. But the records have few details.

"We can't say what the basis of the investigation is. We are not going to comment on that," said Deanne Amaden, a spokeswoman for the Labor Department's regional office in San Francisco.

If the federal lawsuit is successful, a judge could order a new election for the union's top job and leave the once powerful labor group in political turmoil.

In its suit, the union is accusing Waialeale of violating a March settlement to end his efforts to overturn the union's recent election results. Waialeale and his attorneys did not respond to requests for comment.

The IBEW issues are the latest in what has been a difficult political and legal year for some of the state's biggest, and most powerful labor groups. Gary Rodrigues, head of the influential United Public Workers union, was indicted on charges of fraud and embezzlement earlier this year. Meanwhile, internal strife at the Hotel Employees and Restaurant Employees International Union Local 5, AFL-CIO, forced officials to put the local into trusteeship and order new elections.

Harold Dias, who defeated Waialeale in 1998 by two dozen votes, declined to comment on the IBEW investigation or the lawsuits. The union's attorney, Herbert Takahashi, said the union will ask that the federal complaint be dismissed.

After Dias took control of Local 1357 three years ago, he ordered an audit of the union's finances.

In September 1998, the local charged that Waialeale spent more than $80,000 of union money without proper documentation while in office. In March 1999, the union's international office upheld the charges against him, barred Waialeale from running for office for five years and ordered him to repay $80,499.92 to the union.

Waialeale refused and filed a complaint in federal court. Waialeale claimed in the complaint, filed on his behalf by attorneys William McCorriston and Kenneth Mansfield, that Local 1357 and the union's international headquarters improperly kept his name off the February mail-out ballot.

Dias was re-elected as business manager and financial secretary on Feb. 16.

On March 13, Waialeale agreed to drop his complaint against the union and accept an eight-year ban from running for office if the union would erase its $80,000 claim against him.

But the union lawsuit filed last week says that three days after agreeing to the settlement, Waialeale asked Joseph Kim to file a complaint with the international and federal labor officials over the February election — in violation of the agreement. Kim, a longtime supporter, had nominated Waialeale for the election in February, union officials said.

Kim could not be reached for comment.

"It's a breach of the settlement agreement. We requested Mr. Waialeale, through his attorneys, to notify Mr. Kim that the issue had been resolved," Takahashi said.

Kim withdrew his complaint a few days later, but federal investigators decided to pursue the charges.

"He did file a complaint on charges that have been brought to our attention. If (investigators) have any evidence of an irregularity, whether financial or in the election process, our role is to enforce the law," Amaden said.

Amaden said that because the case is ongoing, details about the complaints are not available.

Frank Cho can be reached by phone at 525-8088, or by e-mail at fcho@honoluluadvertiser.com