INDEPENDENT REVIEW BOARD INVESTIGATIVE REPORT IBT LOCAL 2 02 OFFICER RALPH D'AMICO June 23, 1993

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1 INDEPENDENT REVIEW BOARD INVESTIGATIVE REPORT IBT LOCAL 2 02 OFFICER RALPH D'AMICO June 23, 1993 Summary Ralph D'Amico ("D'Amico"), the Vice President of Local 202, was scheduled to appear for a sworn examination before the Chief Investigator on June 21, Without explanation, D'Amico failed to appear for his duly noticed sworn examination. Accordingly, it is recommended that he be charged with bringing reproach upon the IBT and failing to cooperate with the IRB. Facts On May 21, 1993, the Chief Investigator sent via express mail a Notice of Sworn Examination to D'Amico scheduling his sworn examination for June 4, (Exhibit 1) Based upon the request of Gerald Richman, counsel for Local 202, D'Amico's sworn examination was postponed to June 14, (Exhibit 2) Ephriam Savitt, Esq. then contacted the Chief Investigator's office and requested that D'Amico's sworn examination be postponed to June 21, His request was granted and D'Amico's sworn examination was scheduled for June 21, 1993 at 9:30 a.m.. (Exhibit 3) On June 21, 1993, D'Amico failed to appear for his sworn examination. (Exhibit 4) Ephriam Savitt, D'Amico's counsel, appeared at the time and place for the examination and stated that

2 D'Amico would not appear. D'Amico's counsel refused to state why D'Amico would not appear for his sworn examination. (Exhibit 4) Proposed Charge Based upon the foregoing, it is recommended that Local 202 charge D'Amico as follows: While Vice President of Local 202 you brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX, Section 7(b) of the IBT Constitution and obstructed, interfered and unreasonably failed to cooperate with the duties of the Independent Review Board under the Consent Decree 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 June 21, 1993, 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. 2

3 EXHIBITS TO INDEPENDENT REVIEW BOARD REPORT CONCERNING RALPH D'AMICO Notice of Sworn Examination to Ralph D'Amico dated May 21, 1993 May 27, 1993 letter from Gerald Richman to Charles M. Carberry and May 26, 1993 letter to Gerald Richman June 17, 1993 letter from the Chief Investigator's Office to Ephriam Savitt, Esq. June 21, 1993 Statement for the Record concerning D'Amico

4 Chief Investigator: Charles M. Carberry, Esq. 17 Battery Place, Suite 331 New York, NY Administrator: John J. Cronin, Jr. VIA FACSIMILE AND REGULAR MAIL LLiuiLr JiAN JJJjjiN'i' KhiVIEW BOARD 444 North Capitol St., NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB Board Members: Grant Crandall, Esq. Crandall, Pyles & Haviland 1021 Quarrier Street Charleston, WV Frederick B. Lacey, Esq. LeBoeuf, Lamb, Leiby & MacRae One Gateway Center, Suite 603 Newark, NJ William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 September 1, 1993 Washington, DC Local 202 Executive Board New York City Terminal Market Room ll-a Hunts Point and East Bay Avenues RE: Local 202 Decision Concerning Ralph D / Amico Dear Local 202 Executive Board Members: We have received your August 20 and 29, 1993 letters regarding the Local 2 02 Executive Board's decision concerning charges against Ralph D'Amico. As a result of the decision of the Local 202 Executive Board, Mr. D'Araico was immediately and permanently barred from IBT membership, including Local 202 membership, and was immediately and permanently barred from holding any office or being employed with Local 202 in any way. Furthermore, the decision provides that Local 202 and any other IBT entity will not provide any further compensation to Mr. D'Amico nor will any contributions be made by Local 202 and any other IBT entity on Mr. D'Amico's behalf to any health and welfare or pension fund. In light of these findings, the Independent Review Board has no further questions regarding the final decision of the Local 202 Executive Board in this matter. Very truly yours By: 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)» I^M

5 LOCAL No. 202 INTERNATIONAL MOTHERHOOD OF TEAMSTERS CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA EXECUTIVE BOARD JOSEPH R. BYERS President DAN5GL J. KANE, JR. Secretary - Treasurer ftalph A. D'AMICO Vica President OSCAR A. GONZALEZ fieconiiflg Secmtaiy T&USTEES foomas E. BARRY NHL CRE600N EDWIN E. YARDS New York Terminal Market»"Room 11-A Hunts Point & East Bay Avenues (718) FAX: (718) To: Independent: Review Board?rom: The Executive Board of Local 202 Date: &ygugt Reft Decision on Ralph D'amico It is the opinion of the Executive Board that in taking our action against Mr. Ralph D'amico we were expelling him from the International Brotherhood o Teamsters. )anxel J J.Kane Jr^ Secretary-Treaaurei

6 LOCAL LOCAL No. 202 INTERNATIONAL BROTHERHOOD Of TEAMSTERS CHAUFFEURS, WAREHOUSEMEN AND HEIFERS OF AMERICA EXECUTIVE BOARD JOSEPH R. BYERS President DANIEL J, KANE, JR. Secretary - Treasurer RALPH A, D'AMICO Vice President OSCAf? A. GONZALEZ Recording Secretary TRUSTEES THOMAS E. BARRY NEIL GREEDON EDWIN E.YARDE AUGUST 10, 1993 TO: Independent Kevieut Boand FROM: Exewtive 8oaftxl Local 202 New York City Twrnind Market Room 11-A Hunts Point & East Bay Avenu«t (212) FAX (212) K& pea goa/l letteh. ai August 17, 1993, the. Executive Bound oi local 202 tnied to intex. into an ngjle.me.nt with M*. V'Amico that made, the. cowiection& you. asked &oti. M*. VAmino /Lefiu&ed and a h&vung u)a& held on fruday, Aagti&t Jtou VAmiao wcu, fauxd guilty oa changed. The Executive Bound xmled the iollouung: 1. tbi. VAmiao witt be immediately and permanently kemoved ^tam ofi&uie. and permanently banned faom being employed by Local 202 in any way; I. that no iuathtn. compensation on. Health S Pension contributions shall be paid on hi& behat by ikii Local oh, any l.b.t. entity; 3. Ma. D Ami to ibwll be pemaneatly expelled fisutm membeftikip 1 in Local 202. J{ you 'nave, any qvue&tion&, do not hesitate to call. Daniel J. Kane, M. SejCAeXang TKea^uKett

7 LOCAL No. 202 INTERNATIONAL BROTHERHOOD OF TEAMSTERS CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA EXECUTIVE BOARD JOSEPH R. BVERS President DANIEL J. KANE, JR. Secretary - Treasurer RALPH A. D'AMICO Vice President OSCAR A. GONZALEZ Recording Secretary TRUSTEES THOMAS E. BARRY NEIL CREEDON EDWIN E. YARDE New York City Terminal Market Room 11-A Hunts Point & East Bay Avenues (212) FAX (212) July 29, 1993 Submitted to'.van Kane,, Secnetanjy Tne/isuAeA Changing Paruty: Joseph R. Byens, President Changed Paxty. Ralph V'Amico, Vice President A White Vice President oi Local 202 you bnought nepnoach upon the 1BT in violation oi knjblcle II, Section 2 [a] arid AtitieJle K1K, Section 7(B) oi the IBT Constitution and obstructed, intesiiened and unreasonably failed to cooperate with the duties oi the Independent Review Boand unde/i the Consent Vecn.ee a* set ionth in Paragraph G oi the Match 14, 19S9 Consent Vecn.ee in United States v. International Brotherhood oj Teamsters, 88 Civ (S.V..N.Y.), to tact: On June 23, 1993, you willfully and without justification refused to appear ion your sworn in-pejison examination pursuant to Paragraph, H.3(c) o the Rules and Ptuoceduw.es ion Operation oi the Independent Review Boand ion. the International Brotherhood oi Teams tens.