February 19, Re: Proposed Charges against Local 282 John Bilotti

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1 INDEPENDENT REVIEW BOARD 444 North Capitol St., NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB / Chief Investigator: Charles M. Carberry, Esq. 17 Battery Place, Suite 331 New York, NY Administrator: John J. Cronin, Jr. Mr. Gary LaBarbera IBT Local 282 Trustee 2500 Marcus Avenue Lake Success, NY February 19, 1997 VIA UPS OVERNIGHT MAIL Re: Proposed Charges against Local 282 John Bilotti Board Members Grant Crandall, Esq Crandall, Pyles & Havilam 1021 Quarrier Stree Charleston, WV 2530: Frederick B. Lacey, Esq LeBoeuf, Lamb, Greene & MacRa{ One Riverfront Plaz Newark, NJ ( William H. Webster, Esq Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 Washington, DC Member Dear Mr. LaBarbera: Enclosed is the Independent Review Board (IRB) report and accompanying exhibits concerning Local 282 member, John Bilotti. This report is forwarded to you for appropriate action under Section G, paragraphs (d) and (e) of the March 14, 1989 Consent Order entered in United States v. IBT. 88 Civ (S.D.N.Y.). Upon review of the report, if you deem it appropriate, charges under Article XIX of the IBT Constitution should be filed. If you do so, you have sixty days within which to hold a hearing and to forward a final written report to the IRB. If you decide to reject the IRB's recommendation, you must provide a written explanation with the specific reasons for failing to do so. Within seven days of receipt of this letter, please inform the IRB of the actions planned. Copies of hearing transcripts should be furnished to the IRB and to the Chief Investigator. Thank you for your cooperation in this matter. Very truly yours, Members of the Enclosures cc: Members of the General Executive Board, w/o Exhibits Earl V. Brown, Jr., Esq., w/exhibits David Neigus, Esq., w/o Exhibits Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood of Teamsters 88 CIV 4486 (DNE)

2 To: From: Subject: Local 282 Trustee Members of the Independent Review Board Proposed Charges against Local 282 Member John Bilotti Date: February 19, 1997 I. RECOMMENDATION The Independent Review Board ("IRB") refers the below report to the Trustee of Local 282 for the purpose of initiating charges against Local 282 member John Bilotti ("Bilotti") for failing to cooperate with the IRB by refusing to appear for a sworn examination scheduled for January 8, By failing to appear for his sworn examination, it appears that while an IBT member, John Bilotti violated Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) and Section 14(i) of the IBT Constitution by obstructing, interfering and unreasonably failing to cooperate with the duties of the IRB as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.). II. INVESTIGATIVE FINDINGS John Bilotti, date of birth May 29, 1963, is currently a member of the IBT and Local 282. (Ex. 1). Current Local 282 records reflect that Bilotti's dues were paid as of May 10, (Id). On December 26, 1996, a notice of sworn examination was sent to John Bilotti by overnight express mail, scheduling his

3 sworn examination for January 8, (Ex. 2). This notice was sent to John Bilotti at 1 Montreal Woods Court, Manalapan, New Jersey, the address listed for him on the Local's membership list. The Express Mail Receipt was returned to the Chief Investigator's Office and reflected that the notice was received. (Id). At this examination, the Chief Investigator planned to question Bilotti about his Local 282 membership, his appointment to an. on-site steward position in Local 282, and whether he had contact with any organized crime figures. On January 8, 1997, John Bilotti failed to appear or provide an explanation for his failure to appear for his sworn examination. (Ex. 3). On separate occasions on January 23 and January 24, 1997, Special Investigator Robert W. Fischer made telephone calls to the Bilotti residence. He spoke with Diane Bilotti, the mother of John Bilotti, and requested that she ask John Bilotti to contact the Chief Investigator's Office. On January 24, 1997, in a third telephone conversation initiated by Mr. Fischer, Mrs. Bilotti advised that John Bilotti had been given the message to contact the Chief Investigator's Office, but had left town and would not return until approximately February 3, As of the date of this report, Mr. Bilotti has not contacted the Chief Investigator's Office. (Ex. 4). As of the date of this report, John Bilotti has not provided any reason for his failure to appear for his sworn examination on January 8, Accordingly, Bilotti has failed to 2

4 cooperate with the IRB when he did not appear for his sworn examination. III. PROPOSED CHARGE Based upon the foregoing, it is recommended that Bilotti be charged as follows: While a member of Local 282 and the IBT, you brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX, Sections 7(b)(1) and (2) and Section 14(i) of the IBT Constitution and obstructed, interfered and unreasonably failed to cooperate with the duties of the Independent Review Board as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters, 88 Civ (S.D.N.Y.), to wit: On January 8, 1997, you willfully and without justification refused to appear for your sworn in-person examination pursuant to Paragraph H.3(c) of the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters. 3

5 Chief Investigator: Charles M. Carberry, Esq. 17 Battery Place, Suite 331 New York, NY Administrator: John J. Cronin, Jr. INDEPENDENT REVIEW BOARD 444 North Capitol St., NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB July 9, 1997 Board Members: Grant Crandall, Esq. Crandall, Pyles & Haviland 1021 Quarrier Street Charleston, WV Frederick B. Lacey, Esq. LeBoeuf, Lamb, Greene & MacRae One Riverfront Plaza Newark, NJ William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 Washington, DC General President Ron Carey International Brotherhood of Teamsters Washington, D.C Re: Decisions on^charges against/local 282 Members John Bilotti and Robert Calcagno Dear Mr. Carey: The Independent Review Board has reviewed your decisions of June 23, 1997, in the above-captioned matters, and finds the decisions to be not inadequate. Very truly yours, Members of the Independent Reyiew Board cc: Earl V. Brown, Jr., Esq. David Neigus, Esq..i Pursuant to the Consent Order of the United States District Court, S.D.N. Y. United States -v- International Brotherhood of Teamsters 88 CIV 4486 (DNE)

6 [NTERNATtONAL BROTHERHOOD OF TEAMSTERS AFL-CIO OFFICE OF RON CAREY GENERAL PRESIDENT June 23, 1997 Mr. John Bilotti 1 Montreal Woods Ct. Manalapan, NJ Re: Article XIX Charges Referred by the IRB to Local 282 Trustee Gary LaBarbera Against John Bilotti Dear Brother Bilotti: Enclosed is my decision on the charges against you referred by the Independent Review Board ("IRB") to Local 282 Trustee Gary LaBarbera. Also enclosed is a copy of the findings and recommendations of the hearing panel in this case. RC/lmb Enclosure cc: Lou Partenza, Panel Chair Robert Corbett, Panel Member Jerry Ranita, Panel Member Gary LaBarbera, Trustee, Local 282 John J. Cronin, IRB Administrator-/' Charles Carberry, IRB Chief Investigator LOUIStANA AVENUE, N.W. - WASHINGTON, D.C (2 0 2)

7 INTERNATIONAL BROTHERHOOD OF TEAMSTERS In the Matter of: ARTICLES XIX CHARGES against DECISION LOCAL 282 MEMBER JOHN BILOTTI Having reviewed and duly considered the hearing record and the recommendation of the hearing panel in the above-referenced case, I hereby issue the following decision on Article XIX charges filed by the Local 282 Trustee, Gary LaBarbera, against Local 282 member John Bilotti. I. The Charges This case emanates from charges referred to Local 282 Trustee Gary LaBarbera by the Independendent Review Board ("IRB"). The charges allege that Mr. Bilotti brought reproach upon the IBT by violating Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) and Section 14(i) of the IBT Constitution and obstructed, interfered, and unreasonably failed to cooperate with the duties of the Independent Review Board as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.) by willfully and without justification failing to appear to answer questions at a sworn in person examination on January 8, II. The Hearing The General President appointed a panel under Article XIX of the International Constitution to hear internal union charges brought by Local 282 Trustee Gary LaBarbera against John Bilotti. A duly noticed hearing was held on May 15, 1997 before a panel comprised of Louis F. Partenza (chair), Robert Corbett, and Jerry Ranita.

8 On December 26, 1996, the IRB overnight-express mailed a notice of sworn examination to John Bilotti at the address listed for him on the Local's membership list. The Chief Investigator's office received the Express Mail Receipt, which Mr. Bilotti had signed. This confirmed that he had received the notice. On January 8, 1997, Mr. John Bilotti failed to appear or provide an explanation for his failure to appear at his sworn examination. He thus avoided questions about his Local 282 membership, his appointment to an on-site steward position in Local 282, and whether he had any involvement with organized crime figures. Following Mr. Bilotti's unexplained absence on January 8, 1997, Special Investigator Robert W. Fischer attempted to reach Mr. Bilotti. On January 23, 1997, he spoke with Mr. Bilotti's mother, Diane Bilotti. and asked that John Bilotti contact the Chief Investigator's Office. Mr. Bilotti did not. On January 24, 1997, Mr. Fischer again reached Diane Bilotti. She told him that John Bilotti had received the message to contact Mr. Fischer, but would be out of town until approximately February 3, As of February 19, 1997, Mr. Bilotti had not yet contacted the Chief Investigator's Office nor provided any reason for his failure to appear at his January 8th sworn examination. In fact, Mr. Bilotti did not appear at his May 15, 1997 hearing, either. III. The Panel's Recommendations The hearing panel unanimously found that the charges against John Bilotti were proven. The panel unanimously recommended that Mr. Bilotti be permanently expelled from his membership in the IBT and any IBT affiliates and that he be permanently barred from receiving any compensation from the IBT or any IBT entity, except for fully vested benefits. IV. Conclusions and Penalties Having reviewed and considered the evidence and recommendations of the hearing panel, I find proven the above charges against John Bilotti. I also agree with the hearing panel's recommended penalty of permanent expulsion from membership in the IBT.

9 John Bilotti is hereby permanently expelled from membership in the International Brotherhood of Teamsters and any IBT affiliates and is permanently barred from receiving any compensation from the IBT, or any IBT entity, except for fully vested benefits.

10 tnternattonal BROTHERHOOD OF TEAMSTERS AFL-CIO OFFICE OF RON CAREY GENERAL PRESIDENT June 23, 1997 Mr. Robert Calcagno 219 Washington Avenue Pt. Pleasant Beach, NJ Re: Article XIX Charges Referred by the IRB to Local 282 Trustee Gary LaBarbera Against Robert Calcagno Dear Brother Calcagno: Enclosed is my decision on the charges against you referred by the Independent Review Board ("IRB") to Local 282 Trustee Gary LaBarbera. Also enclosed is a copy of the findings and recommendations of the hearing panel in this case. RC/lmb Enclosures cc: Lou Partenza, Panel Chair Robert Corbett, Panel Member Jerry Ranita, Panel Member Gary LaBarbera, Trustee, Local 282. John J. Cronin, IRB Administrator-^ Charles Carberry, IRB Chief Investigator LOUISIANA AVENUE, N.W. - WASH tngton, D.C (2 0 2)

11 INTERNATIONAL BROTHERHOOD OF TEAMSTERS In the Matter of: ARTICLES XIX CHARGES against DECISION LOCAL 282 MEMBER ROBERT CALCAGNO Having reviewed and duly considered the hearing record and the recommendation of the hearing panel in the above-referenced case, I hereby issue the following decision on Article XIX charges filed by the Local 282 Trustee, Gary LaBarbera, against Local 282 member Robert Calcagno. I. The Charges This case emanates from charges referred to Local 282 Trustee Gary LaBarbera by the Independent Review Board ("IRB"). The charges allege that Robert Calcagno brought reproach upon the IBT by violating Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) and Section 14 (i) of the IBT Constitution and Section 20(F)(1) of the Local 282 Constitution and Bylaws by obstructing, interfering, and unreasonably failing to cooperate with the duties of the Independent Review Board as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.) by willfully and without justification failing to appear to answer questions at a sworn in-person examination on January 8, II. The Hearing The General President appointed a panel under Article XIX of the International Constitution to hear internal union charges brought by Local 282 Trustee Gary LaBarbera against Robert Calcagno. A duly noticed hearing was held on May 15, 1997 before a panel comprised of Louis F. Partenza (chair), Robert Corbett, and Jerry Ranita. On December 26, 1996, Mr. Calcagno received notice that he was

12 required to appear at a sworn, in-person examination on January 8, 1997, pursuant to the Rules and Procedures of the IRB. On January 8, 1997, Mr. Calcagno failed to appear at his sworn examination. He thus avoided questions about his Local 282 membership, his appointment to an on-site steward position in Local 282, his removal as an on-site steward on November 15, 1995, by Robert A. Machado, the Corruption Officer for Local 282, and whether he had had contact with any organized crime figures. Following Robert Calcagno's unexplained absence on January 8, 1997, Special Investigator Robert W. Fischer spoke over the phone with Mr. Calcagno on January 24, Mr. Calcagno said that he had received the notice of sworn examination, but did not want to appear because he could not defend himself. Mr. Calcagno also explained that he had resigned from the union, had nothing to discuss, and did not want to reschedule his sworn examination. He later failed to appear at the May 15, 1997 hearing. On February 13, 1997, Robert Machado, the Corruption Officer for Local 282, submitted that Mr. Calcagno had accepted a withdrawal card after receiving notice of his sworn examination and after his conversation with Special Investigator Fischer. At the time charges were brought, Robert Calcagno was an active member. Though he has been issued a withdrawal card, charges may be upheld against Mr. Calcagno pursuant to Article XIV, Section 1(g) of the IBT Constitution. III. The Panel's Recommendations Based upon the evidence presented at the hearing, the panel unanimously found that the charges against Robert Calcagno were proven. The panel unanimously recommended that Mr. Calcagno be permanently expelled from his membership in the IBT and any IBT affiliates and that he be permanently barred from receiving any compensation from the IBT or any IBT entity, except for fully vested benefits. IV. Conclusions and Penalties Having reviewed and considered the evidence and recommendations of the hearing panel, I find proven the above charges against Robert Calcagno. I also agree with the hearing panel's recommended penalty of permanent expulsion from membership in the IBT.

13 Robert Calcagno is hereby permanently expelled from membership in the International Brotherhood of Teamsters and any IBT affiliates and is permanently barred from receiving any compensation from the IBT, or any IBT entity, except for fully vested benefits.