Press Release
U.S. Department of Justice
United States Attorney
District of Hawaii
PJKK Federal Building (808) 541-2850
300 Ala Moana Blvd., Room 6-100 FAX (808) 541-2958
Honolulu, Hawaii 96850
For Immediate Release
Contact: Elliot Enoki
June 29, 2009
FORMER UNION AGENT BARRED FROM HOLDING UNION OFFICE
HONOLULU, HAWAII – Oliver Kupau III, a former business agent of Laborers’ Local 368, cannot hold union office or employment, according to an order issued by United States District Judge Helen Gillmor on June 12, 2009. Kupau, Laborers’ Local 368, and its parent union, the Laborers’ International Union of North America (LIUNA) had requested an exemption for Kupau from the federal statute prohibiting persons convicted of certain crimes from serving as an officer, director, executive board member, or employee of a labor union for 13 years from the later of the date of conviction or period of incarceration. According to the order, Kupau was convicted of money laundering in November 1998 based on his payment of a $5,100 bribe to a Honolulu Police Department officer on union premises for protection of his illegal cockfighting business. He was last discharged from prison in November 2005.
Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, noted that in her order Judge Gillmor held that Kupau had not demonstrated that “he is capable of observing the ‘high standards of responsibility and ethical conduct’ that Congress requires for individuals involved with labor organizations." The order further found a strong indication that Kupau "has not been forthcoming about his involvement in cockfighting both before and after his incarceration."
The order reflects further recounts events leading up to the election. In January 2007, LIUNA imposed a trusteeship on Local 368 for malfeasance, including financial mismanagement. To conclude the trusteeship, an election of officers was scheduled for May 2008. Kupau’s nomination for business manager, the local’s highest office, prompted a protest to the United States Department of Labor as to Kupau’s eligibility in light of a 2002 conviction for money laundering. On June 9, 2008, the Department of Labor informed Kupau that he was prohibited from serving as a union officer, employee, or in other capacities. LIUNA then terminated Kupau as the union’s business agent on June 17, 2008. Kupau then petitioned the court for an exemption or reduction from the bar and successfully ran in the election pending the court's ruling. The court order denied both the exemption and reduction.
The Department of Labor's Office of Labor Management Standards, as the federal law enforcement agency responsible for investigating criminal and civil violations of the Labor-Management Reporting and Disclosure Act, conducted the investigation which resulted in the Department of Labor's prohibition against Kupau. The litigation before Judge Gillmor was handled by Assistant United States Attorney Florence Nakakuni.
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