JOINT COUNCIL No. 16 INTERNATOQMAL BROTHERHOOD Of TEAMSTERS, AFL-CIO

Transcription

1 JOINT COUNCIL No. 16 INTERNATOQMAL BROTHERHOOD Of TEAMSTERS, AFL-CIO 4es WEST t m ITREET &CITE.!22: NEW WRK, NEW YORK 1QEll (i~z) cns-uios FAX (21 2) 691 ~7074 Gentlemen: Thank you for your coopcratinn in thia matter, JB : t sd Enclosure

2 RESPONSE OF JOINT COUNCIL 16 TO INDEPENDENT mvlew BOARD NOTICE ASSERTING DEFICIENCIES IN ACTXIION OF JQINT COUNCIL 6 INVOLVING CERTAIH OFFICERS OF MCAL 854 By letter dated June 11, 1993, the Independent re vie^ Board advised Joint Caunefl 10 thet i$ cmsiderad Our action to be ~eficient in several respects. As to the Joint Council action involving former Local $54 officers Frank ~argigliano and Anthony Igneri, t-he Iwdepenbent Rfvie~ 8==rd considered Vie resaiutioii of tii~ Ziiifif; e~ii~~f!. ksxkcpate becnu%c wars non-binding. r,qr==entati=n= made by F!a?+~igli~fiCZ a ~ d z,~l322i -u.t ~ r n ~ w t In response, the Joint Caunail prepared a LL. A- wzagbwi. QI?*OI-,LIC...C f=r ~ i g ~ a t ~ r ~ &hey ncsepked ----*-~.w+ pw~u~aar~rr~ c h=" u-*a by each nf them: wiiercain +-vfinn~m-l V~V--- by the LRBl Those Giie~.;t& agrce~efits weyt racezrly ret,urne& tc the s~hk council and SorwarSed to the Zn&peii&efit 2izA.e~ 62ar9, That action shetala satisfactorily resolve the Nothe ara Marsigiinno and igneri* S-GE Jiiian, A copy of the IRB Notice wae forwarded to Michael ".."..."..: L.V to LBC&~ 854. LUUI,DCII C- --*..CCCC..., *\wwaa-, M u u e ~ ~ a n =:;%=& =L!:z=~ =:it:.c.~~y na.*nk~.l YYYI~~-+ Each of them provided written rclsponees, setting forth factnal matters anb Legal arguments in apaoeichh ka bhd TRB Natieo, AC a re~ult of thoge submlnsiens, the Joint Council regwdxxl that the Chief hvestigatdr provide the Joint council with a aopy ef the transcript of the hearing before Judge Lacey on ths cha~gcs ma! nef * a ~ EL- Anthnnv re_n_nt; the f omer Segretary-Treasurer Of The ~ h h f ~~.iresb-~~zihx! EPQ-J~&~ &a of Ocztwbsr 09, ~546 L=arAm3r buk, as g&hsktd 1 kg+gnscrip+, h, J~dge

3 JOINT COUNCIL No. 16 INTERNATIONAL BWQTHERMQOQ OF WMSTERS, AFL-CIB 265 WEST STREET sum 1x11 NEW YORK, NEW YORK (21 2) FAX (212) 691-7U74 July 13, 1993 Independent Review Board 444 North Capitol Street, N.W. Suite 528 Washington, D.C Gentlemen: BE: Joint Council 16 Decision Regarding Local 854 Officers, Ruane, Marsigliano and Igneri Consistent with my declaration o'f June 25, 1993, enclosed please find documents confirming that Frank Marsigliano and Anthony Igneri accept a permanent ban on holding any officer positions with Local 854, any other IBT entity and all positions with any health & welfare fund and pension fund, including any consultant positions. As Idtated today in a letter to Mr. Carberry, a copy of which is enclosed, the Joint Council 16 Executive Board, through counsel, advised me today that a decision on the remaining issue pertaining to Maureen Ruane will be made and sent to you by the end of this week. Thank you for your cooperation in this matter. Fraternally yours, JB: tod Enclosure \] Johnnie Brown International Trustee Joint Council 16

4 BEFORE THE INDEPENDENT REVIEW BOARD AFFIDAVIT AND AGREEMENT FRANK MARSIGLIANO, being duly sworn, deposes and says : 1. The Independent Review Board issued a Report dated January concerning allegations of violations of the Intrr~atinnal Brotherhood of Teamsters' Constitution by the undersigned and other officers of Teamsters Local 854. This Report referred these allegations to Joint Council No. 16, which conducted a hearing on April 5, The undersigned did not attend or otherwise participate in that hearing. 2. I ceased to be the Secretary-Treasurer of Teamsters Local 854, effective at the end of my term on December 31, Joint Council 16 reported my resignation to the Independent Review Board. By letter dated June the Independent Review Board advised Joint Council No. 16 that this was inadequate. They directed that in order to resolve these allegations, I must sign a document agreeing to be permanently barred from holding any officer position with Local 854 and any other IBT entity, including all positions with any IBT health & welfare fund, pension fund and any consultant positions. 4. In order to resolve this matter to the satisfaction of the Independent Review Board,.I hereby agree to be permanently barred from holding any elected or

5 appointed officer position of any kind, paid or unpaid, in the IBT or any of its affiliated entities, including Local 854, or with any pension, health & welfare or other benefit funds or other such entities affiliated with the IBT. This permanent bar shall include any consultant arrangements with any of the entities listed above. FRANK SIG to before me this day of June, My comaission ezpiro?s :

6 BEFORE THE INDEPENDENT REVIEW BOARD AFFIDAVIT AND AGREEMENT ANTHONY IGNERI, being duly sworn, deposes and says : 1. The Independent Review Board issued a Report dated January 12, 1993 concerning allegations of violations of the International Brotherhood of Teamsters' Constitution by the undersigned and other officers of Teamsters Local 854. This Report referred these allegations to Joint Council No. 16, which conducted a hearing on April 5, The undersigned did not attend or otherwise participate in that hearing. 2. I ceased to be the Vice President of Teamsters Local 854, effective at the end of my term on December 31, Joint Council 16 reported my resignation to the Independent Review Board. By letter dated June 11, 1993, the Independent Review Board advised Joint Council No. 16 that this ~ a c inadequate. They directed that in order to resolve these allegations, I must.sign a.docl-?.mer+t agreeing to be permanently barred from holding any officer position with Local 854 and any other IBT entity, including all positions with any IBT health & welfare fund, pension fund and any consultant positions. 4. In order to resolve this matter to the satisfaction of the Independent Review Board, I hereby agree to be permanently barred from holding any elected or

7 appointed officer position of any kind, paid or unpaid, in the IBT or any of its affiliated entities, including Local 854, or with any pension, health & welfare or other benefit funds or other such entities af f iliated.with the IBT. This permanent bar shall include any consultant arrangements with Sworn to before me this day of June, Notary Public My commission expires:

8 IRB* Ind, Review Board:# 2 JOINT COUNCIL No. 16 INTERNATlONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO 265 WE9T 14TH 8mm SUITE 1M1 NEW VORK, N@W YORK (21l) Cu (212) a-7074 May 5, 1993 Charles M. Carberry, Esq. Chief Investigator 17 Battery Place, Suite 331 New York, New York Dear Mr. Carberryr Enclosed is a copy of the action of Joint Council 16 In connection with the referral from the ladeyendent: Review Board. A160 cncloeed i6 a ccpy af the traaacrlpt of the he&cing conducted by the Joint Council in thie matter. You will note that the hearing in this case occurred prior to the inception of thc Trusteeship of Joint Council 16. Further, the Joiat Council 16 Executive Board made a decieion in this caee prior to my undertaking my dutiea ar Truetee. Accordingly, I had no ~ubstantive role in the eacloeed decieion., Very truly yours, j) Johnnia Brown International Truetee On Behalf of Joint Councll 16 Executive Board

9 SENT BY: ; ; 11:55 1 IRE+ Ind, Review Board;# 3 ACTION OF JOINT COUNCIL 16 IN RESPONSE TO INDEPENDENT REVIEW BOARD REPORT CONTAINING ALLEGATIONS OF VIOLATIONS OF THE IBT CONSTITUTION AND THE LOCAL 854 BY-LAWS BY THE PRESIDENT AND THE FORMER SECRETARY -TREASURER T OF LOCAL 854 On January 15, 1993, ~ oint ~auncil 16 received the Report of the Independent Review Board concerning alleged violations of the International Cor,stitutior, and Local 854 By-lawe committed by President Maureen Ruane, Secretary- Treasurer Frank Marsigliano and Vice President Anthony 1gneri. At its regular meeting on February 2, the Joint council ~xecutive Board reviewed the Report and decided to conduct a hearing where each of the named officers and the Local Union were requested to present any widence and L%eir positions in response to the alleged violations set forth in the Report. The hearing wae s~heduied for March 5, but wae postponed due to the hospitalization of Maureen Ruang. hearing was held on April 5, where Maureen Ruane was The present as counsel for Local 854 and he also appeared as a witness. Si~tar Ruane telstified on her own behalf and submitted documentary evidence that was made part of the record. Her counsel was granted the opportunity to present a post-hearing memorandum, which was received on April 12. Although Secretary-Treasurer Frank Marsigliano and Vice Preaideat Anthony Igneri were notified of bath hearing dates, nei'thar of them appeared on April 5 and neither of thorn

10 5kNT EY: : : 11:55 : IRB+ Ind, Review Boat%# 4 concerning their inability to appear or their poeition concerning the subject matter of this hearing. However, the Joint Council was advised at the April 5 hearing that both of them did not ruii for office in late 1992 and are, therefore, no longer officers of Local 854. Curing the time period covered by the Report, neither of them was a full- time employee of the Lbcal union, The Joint Council was advimed at the hearing that Mr. Igneri has retired and advised counsel for Local 854 that he was too ill to participate in these proceedings. ill and had taken a withdrawal card. Marsiglfano had also been Since this was the first referral of the Independent ~eviaw Board to this Joint council and, perhaps, any Joint Cauhcil, we were proceeding in unchartered waters with regard to the handling of this matter. The Rules and Procedures for Operation of the Independent R W ~ Board, V as approved by Judge David N. Edelstein, specify in section I(5) that #upon referral, the IBT entity to which a matter is referred shall promptly undertake whatever action is appropriate under the circumstances to resolve the referred matter, as provided by the IBT Constitution, applicable law, and the Ruit~." In tevfevinq the January 1% TRB Report, khs Joint council noted that the document die not purport to be a charge, which would have placed the ~ a h council t ir! a, position of becoming the charging party, with the responsibility to prosecute the charge before a hearing body in accordance with Article XIX of L\e International

11 SENT BY: Constitution and Section 10l(a)(5) of the Labor-Management Reporting and Disclosure Act. However, in reviewing the September 29, 1992 deposition transcripts takan of all three individual. by the representative of the Investigations Officer, it did not appear that they bad been afforded an opportunity ta provide an explanation for the events about which they were questioned. Consequently, the Joint council decided to proceed by first conducting a hearing to afford them the opportunity to provide a response to the incidents cited in the IRB Report. < TI. Ma- Zappi on Deaember 10, 1990.\ At the M a y 5, 1493 hearing bafore the Joint Council, ~i+er Ruane contended that the Christmas bonu6 was paid in ac past practice of the Local Uni Executive Board set forth in i Pution lgbir meting winutee. mat ~xecutivc f3~ecificall~ referenced the prior past pr IUodified the formula for the payment of Onus "=I1 employees and afficerew far a tied