Members of the Local 522 Executive Board. Members of the Independent Review Board. Proposed Charges against Local 522 Members

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1 To: From: Subject: Members of the Local 522 Executive Board Members of the Independent Review Board Proposed Charges against Local 522 Members John Martinelli, Robert Martinelli and Vincent Martinelli Date: April 13, 1994 Summary Local 522 members John Martinelli, Robert Martinelli and Vincent Martinelli were each scheduled to appear on March 29, 1994 for a sworn examination pursuant to a notice sent by the Independent Review Board through the Chief Investigator. Without explanation, they each failed to appear for their duly noticed sworn examination. (Exhibit 1) Accordingly, it is recommended that John Martinelli, Robert Martinelli and Vincent Martinelli each be charged with bringing reproach upon the IBT and failing to cooperate with the IRB. Facts Local 522 records show that John, Robert and Vincent Martinelli are members. No withdrawal cards have been issued to these members. On February 18, 1994, the Chief Investigator's Office sent via overnight mail Notices of Sworn Examination to John Martinelli, Robert Martinelli and Vincent Martinelli, their sworn examinations for March 7, (Exhibit 3) 1 scheduling At these 1 The dues records the Local provided reflected that John, Robert and Vincent Martinelli are active Local 522 members with their last dues payment made on January 19, (Exhibit 2) On March 30, 1994, Orlando Menacho, the Local 522 dues operator, advised Special Investigator John Skala that the Local considered John, Robert and Vincent Martinelli to be active Local members.

2 sworn examinations, the Chief Investigator planned to ask questions concerning alleged organized crime contacts and the collective bargaining agreement under which the Martinelli's received health benefits. Robert and Vincent Martinelli, without explanation, failed to appear on March 7, (Exhibit 7) The notice sent to John Martinelli was returned to the Chief Investigator's Office marked "unclaimed." (Exhibit 4) On March 10, 1994, the Chief Investigator's Office again sent via overnight mail Notices of Sworn Examination to John Martinelli, Robert Martinelli and Vincent Martinelli scheduling their sworn examinations for March 29, (Exhibit 5). The notices, marked "return receipt requested," were sent to each at their respective homes and to their place of employment. The Chief Investigator's Office received signed return receipt cards from all locations with the exception of Vincent Martinelli's home. (Exhibit 6) In addition, copies of the notices were sent to Teamster Local 522 in Queens, New York. (Exhibit 5) On March 15, 1994, an employee of Local 522, Kathy Stroub, contacted the Chief Investigator's Office concerning the Local's receipt of the notices and was advised by Special Investigator John Skala to forward the Notices of Sworn Examination to the addressees. On March 29, 1994, without explanation, John, Robert and Vincent Martinelli each failed to appear for their sworn examination. (Exhibit 1) Proposed Charge Based upon the foregoing, it is recommended that Local

3 522 charge John Martinelli, Robert Martinelli and Vincent Martinelli as follows: While a member of Local 522 you brought reproach upon the IBT in violation of 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.), to wit: On March 29, 1994, 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.

4 EXHIBITS EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 Statement For The Record, dated Local 522 dues record for John, Robert and Vincent Martinelli Notice of Sworn Examination for to John, Robert and Vincent Martinelli EXHIBIT 4 Notice of Sworn Examination sent Martinelli on , returned to Chief Investigator "unclaimed" to John EXHIBIT 5 EXHIBIT 6 Notice of Examination for , mailed to the Martinelli's, homes, place of employment and Local 522 Signed receipt cards from all locations with the exception of Vincent Martinelli's home EXHIBIT 7 Statement For The Record, dated

5 JAMES ROWE President LEROY BRYANT Vice-President JOHN FERRARA Secretary- Treasurer MICHAEL IANNIELLO Recording Secretary Trustees JAMES KENNEDY GRAHAM STEPHENS ALBERT OLIN Educational Director WILLIE JONES LOCAL UNION 522 Affiliated with international Brotherhood of Teamsters AFL-CIO NEW YORK OFFICE: st Avenue Jamaica, N.Y FAX: NEW JERSEY OFFICE: 233 Broad Street Elizabeth, N.J FAX: BEFORE THE LOCAL 522 TRIAL AND EXECUTIVE BOARD IN RE CHARGES AGAINST: ROBERT MARTINELLI, Charged Party, A charge having been duly filed and evidence considered against the member named above, and since this individual refused to sign and return an affidavit supplied to him with respect to voluntary resignation, and there being no appearance at the date and time set for trial, and the Trial Board of the Local Union having rendered a determination dated June 6, 1994 sustaining the charge and imposing certain penalties, and the Trial Board of Local 522 and Executive Board having reviewed said determination in light of the record in this case, hereby supplements such decision by imposing the following additional penalties: 1. The charged party is permanently barred from receiving any salary, severance payment, allowance, fee, benefit, gratuity, gift, or compensation of any kind from the Local 522 Welfare Fund or any other affiliated IBT plan, provided however, that the charged party may receive any fully vested pension benefit he may have. Dated: August 5, 1994 LOpV 522 EXECUTIVE BOARD ^, r '" - ' John Ferrara, Secretary-Treasurer