IBT Local 522 Executive Board Members of the Independent Review Board Proposed Charges Against Local 522 Member John Picone DATE: October 14, 1996

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1 TO: FROM: RE: IBT Local 522 Executive Board Members of the Independent Review Board Proposed Charges Against Local 522 Member John Picone DATE: October 14, 1996 I. RECOMMENDATION The Independent Review Board refers the below report to the Executive Board of Local 522 for the purpose of initiating charges against Local 522 member John Picone for failing to cooperate with the IRB by refusing to appear for a sworn examination scheduled for October 8, By failing to appear for his sworn examination, it appears that while an IBT member John Picone 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 Picone ("Picone"), date of birth February 20, 1931, is currently a member of the IBT and Local 522. (Ex. 1) Local 522 records reflected that Picone's dues were paid through September (Ex. 2) According to Local 522 records, John Picone is one of nine Local 522 members employed at P & N

2 Trucking Co. Inc. ("P & N Trucking"). (Ex. 3) Picone is listed as a driver for P & N Trucking. (Ex. 4) Local 522 records further showed that there are two Local 522 members, Maria Doris ("Doris") and Maria Yera ("Yera"), who are listed on Local 522 records as employees of P & N Trucking. (Ex. 5) Local 522 records showed that Picone and Doris have the same home address of 261 Glen Avenue, Palisades Park, New Jersey. (Ex. 1 and 8) Yera and Doris are purportedly covered under a collective bargaining*agreement entitled P & N Trucking (Clerical). (Ex. 7) The P & N Trucking (Clerical) contract is a different collective bargaining agreement than the one that covers P & N Trucking's other employees. (Ex. 6 and 7) The P & N (Clerical) contract is suspicious in that it contains detailed provisions concerning employee benefits and the employer's contributions for those benefits, but the contract contains no wage scale. (Ex. 7) On September 6, 1996, the Chief Investigator conducted a sworn examination of Local 522 member Jorge Goni. (Ex. 9) Goni testified that he is a member of Local 522 and worked in the office of Hackel Construction ("Hackel"), located at 4711 Dell Avenue, North Bergen, New Jersey. (Ex. 9 at 12) According to Goni, Hackel is a carting company which shares office space at 4711 Dell Avenue with P & N Trucking. (Ex. 9 at 13) Goni testified that Picone owns P & N Trucking. (Ex. 9 at 12-13) Goni further testified that he does not know Doris. (Ex. 9 at 25) On September 25, 1996, after Goni's Sworn Examination,

3 a notice of Sworn Examination was sent to Picone at P & N Trucking by overnight mail scheduling his sworn examination for October 8, (Ex. 10) The express mail package was returned from P & N Trucking to the Chief Investigator's Office marked "Refused." (Ex. 11) The identical notice of sworn examination had been sent, overnight, to Picone's residence. (Ex. 12) A return receipt for that letter was signed and returned to the Chief Investigator's office indicating that it was received. (Ex. 13) At this examination, the Chief Investigator planned to question Picone about his Local 522 membership, the collective bargaining agreements between Local 522 and P & N Trucking and whether he had contact with any organized crime figures. On October 8, 1996, without explanation, John Picone failed to appear for his sworn examination. (Ex. 14) Other Local 522 members have refused to cooperate with the IRB. They all appear to be management or relatives of management and party to sham contracts. III. PROPOSED CHARGES Based upon the foregoing, it is recommended that John Picone be charged as follows: While a member of Local 522 and the IBT, 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

4 Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.) to wit:..on October 8, 1996, 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.

5 EXHIBITS TO REPORT CONCERNING JOHN PICONE Excerpts from Local 522 Membership list regarding John Picone Local 522 Dues printout for John Picone Local 522 Record of Members currently employed by P & N Trucking Co. Inc Local 522 records identifying John Picone as Driver for P & N Trucking Co. Inc Local 522 Record of members currently employed by P&N Trucking Co. Inc. (Clerical) Copy of a signed Collective Bargaining Agreement between Local 522 and P & N Trucking Co. Inc. Copy of a signed Collective Bargaining Agreement between local 522 and P&N Trucking Co. Inc. (Clerical) Local 522 Record of Maria Doris' home address September 6, 1996 Transcript of the Sworn Examination of Jorge Goni September 25, 1996 Notice of Sworn Examination to John Picone sent to P & N Trucking Co. Inc. Returned express mail package to John Picone marked "Refused" September 25, 1996 Notice of Sworn examination to John Picone Copy of signed return receipt card concerning John Picone Record of John Picone's failure to appear for his sworn examination on October 8, 1996

6 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 20001, "7* /) -j? (202) ^ Facsimile (202) Corruption Hotline (800) CALL IRB November 13, 1996 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 IBT Local 522 Executive Board st Avenue Jamaica, NY Re: Decision on Charges against Local 522 Member, John Picone Dear Members of Local 522 Executive Board: The Independent Review Board has reviewed your decision of November l, 1996, in the above-captioned matter, and finds the decision to be not inadequate. Very truly yours, Members of the Independent Board By: Joiny J./Cronin, Jr. Lni^trator cc: Judith A. Scott, Esq. David Neigus, Esq. Pursuant t'o the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood of Teamsters 88 CIV 4486 fdne)

7 BEFORE THE LOCAL 522 TRIAL AND EXECUTIVE BOARD In Re Charges Against: JohnPicone, Charged Party. A Charge having been duly filed and evidence considered against the member named above ("Charged Party"), and after a trial hearing being called and no appearance at the date and time set for trial after due notice, the Trial Board of the Local Union hereby issues the following determination. 1. The charge is sustained. 2. The following penalty is imposed: 3. A. The Charged Party is permanently barred &om being an officer or member of Local 522 and the IBT. B. The Charged party is permanently barred from holding any position, including any consultant position with Local 522 and/or any IBT entity including the Welfare and Pension Funds. C. 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 and any other affiliated IBT plan, provided however, that the charged party may receive any fully vested pension benefit he may have. Dated: November 1996 l^ocal $22 Executive Board, J 1,. ;retary-treasurer

8 Minutes of the hearing on charges brought against Loca! 522 member John Picone Pursuant to written notice dated October 15, 1996, mailed on October 17, 1996 a hearing on charges dated October 16, 1996 by Michael lannielio, a member in good standing, was held on October 30, 1996 at 11:00 am at the Union offices at ^ Avenue, Jamaica, New York. Mr. lannielio is the Recording Secretary of the Local Union and is the Charging Party, John Akalski was asked to act as acting secretary for the hearing. Mr. lannielio however has been serving on jury duty in Supreme Court, Bronx County and is fact sequestered for deliberations. The charges were therefore read by Albert Olin. Present were the following members of the Executive Board, convening as a Hearing Board: John Ferrara Albert Olin Clarence Whittaker John Akalski James Kennedy The hearing was called to order by Brother Ferrara, Secretary-Treasurer of the Local. He stated that the purpose of the hearing was to hear the charges filed against this member by Michael lannielio. He stated that the charges were filed pursuant to a report dated October 14, 1996 by the Independent Review Board of the International Union. The report states that the member involved refused to appear fbr a swom examination before the Review Board scheduled for October 8, 1

9 [ Presented to the Trial Board Exhibit 1, the October 14, 1996 letter with attachments to Local 522 from John J. Cronin, Jr., the Administrator of the Independent Review Board. As Exhibit 2 the charges dated October 16, 1996 against the member. As Exhibit 3 the notice of hearing issued to this member dated October and mailed October 17, 1996 along with proof of delivery. The Charged Party has earlier today phoned in a request to adjourn the hearing. No reason was specified. After review, upon motion duly made, seconded and carried, the following findings were made. 1. The charges against this member have merit. This Board is without jurisdiction to review the findings of the investigations Office and the Local Union was given a specific recommendation as to the charges to be filed against this member and no instruction has been received to hold the disposition of the charges in abeyance; 2. The discipline set forth on Exhibit C attached to these minutes is imposed; 3. Notice of the results of this hearing is to issued to the member and the Independent Review Board. Respectfully Submitted, Acting Secretary to the Board?

10 CLARENCE WHITTAKER Pres/denf LEROY BRYANT Mce-Pres/denf JOHN FERRARA Secrefary-Treasurer MICHAEL lanntello Record/ng Secw^^ Trustees JAMES KENNEDY JOHN AKALSKt ALBERT OL!N LOCAL UNION 522 Affiiiated with international Brotherhood of Teamsters AFL-CtO November 7, 1996 NEW YORK OFFICE: st Avenue Jamaica. N.Y FAX: NEW JERSEY OFFICE: 233 Broad Street Elizabeth, N.J FAX: Via Overnight Delivery independent Review Board 17 Battery Ptace Suite 331 New York, New York Attention: Regarding: Dear Mr. Carberry: Charies M. Carberry Chief investigator Charges Against Locat 522 Members John Fazio. Maria Doris. Marie A. Yeara and John Picone Enciosed piease find the minutes and disposition of charges fi!ed against each of the referenced members. The contents are responsive to your ietter of October 14, 1996 and is Enciosure cc with enciosure: John Cronin, Jr. tndependent Review Board 444 North Capitoi Street Northwest Suite 528 Washington, D.C

11 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 20001, "7* /) -j? (202) ^ Facsimile (202) Corruption Hotline (800) CALL IRB November 13, 1996 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 IBT Local 522 Executive Board st Avenue Jamaica, NY Re: Decision on Charges against Local 522 Member, John Picone Dear Members of Local 522 Executive Board: The Independent Review Board has reviewed your decision of November l, 1996, in the above-captioned matter, and finds the decision to be not inadequate. Very truly yours, Members of the Independent Board By: Joiny J./Cronin, Jr. Lni^trator cc: Judith A. Scott, Esq. David Neigus, Esq. Pursuant t'o the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood of Teamsters 88 CIV 4486 fdne)

12 BEFORE THE LOCAL 522 TRIAL AND EXECUTIVE BOARD In Re Charges Against: JohnPicone, Charged Party. A Charge having been duly filed and evidence considered against the member named above ("Charged Party"), and after a trial hearing being called and no appearance at the date and time set for trial after due notice, the Trial Board of the Local Union hereby issues the following determination. 1. The charge is sustained. 2. The following penalty is imposed: 3. A. The Charged Party is permanently barred &om being an officer or member of Local 522 and the IBT. B. The Charged party is permanently barred from holding any position, including any consultant position with Local 522 and/or any IBT entity including the Welfare and Pension Funds. C. 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 and any other affiliated IBT plan, provided however, that the charged party may receive any fully vested pension benefit he may have. Dated: November 1996 l^ocal $22 Executive Board, J 1,. ;retary-treasurer

13 Minutes of the hearing on charges brought against Loca! 522 member John Picone Pursuant to written notice dated October 15, 1996, mailed on October 17, 1996 a hearing on charges dated October 16, 1996 by Michael lannielio, a member in good standing, was held on October 30, 1996 at 11:00 am at the Union offices at ^ Avenue, Jamaica, New York. Mr. lannielio is the Recording Secretary of the Local Union and is the Charging Party, John Akalski was asked to act as acting secretary for the hearing. Mr. lannielio however has been serving on jury duty in Supreme Court, Bronx County and is fact sequestered for deliberations. The charges were therefore read by Albert Olin. Present were the following members of the Executive Board, convening as a Hearing Board: John Ferrara Albert Olin Clarence Whittaker John Akalski James Kennedy The hearing was called to order by Brother Ferrara, Secretary-Treasurer of the Local. He stated that the purpose of the hearing was to hear the charges filed against this member by Michael lannielio. He stated that the charges were filed pursuant to a report dated October 14, 1996 by the Independent Review Board of the International Union. The report states that the member involved refused to appear fbr a swom examination before the Review Board scheduled for October 8, 1

14 [ Presented to the Trial Board Exhibit 1, the October 14, 1996 letter with attachments to Local 522 from John J. Cronin, Jr., the Administrator of the Independent Review Board. As Exhibit 2 the charges dated October 16, 1996 against the member. As Exhibit 3 the notice of hearing issued to this member dated October and mailed October 17, 1996 along with proof of delivery. The Charged Party has earlier today phoned in a request to adjourn the hearing. No reason was specified. After review, upon motion duly made, seconded and carried, the following findings were made. 1. The charges against this member have merit. This Board is without jurisdiction to review the findings of the investigations Office and the Local Union was given a specific recommendation as to the charges to be filed against this member and no instruction has been received to hold the disposition of the charges in abeyance; 2. The discipline set forth on Exhibit C attached to these minutes is imposed; 3. Notice of the results of this hearing is to issued to the member and the Independent Review Board. Respectfully Submitted, Acting Secretary to the Board?

15 CLARENCE WHITTAKER Pres/denf LEROY BRYANT Mce-Pres/denf JOHN FERRARA Secrefary-Treasurer MICHAEL lanntello Record/ng Secw^^ Trustees JAMES KENNEDY JOHN AKALSKt ALBERT OL!N LOCAL UNION 522 Affiiiated with international Brotherhood of Teamsters AFL-CtO November 7, 1996 NEW YORK OFFICE: st Avenue Jamaica. N.Y FAX: NEW JERSEY OFFICE: 233 Broad Street Elizabeth, N.J FAX: Via Overnight Delivery independent Review Board 17 Battery Ptace Suite 331 New York, New York Attention: Regarding: Dear Mr. Carberry: Charies M. Carberry Chief investigator Charges Against Locat 522 Members John Fazio. Maria Doris. Marie A. Yeara and John Picone Enciosed piease find the minutes and disposition of charges fi!ed against each of the referenced members. The contents are responsive to your ietter of October 14, 1996 and is Enciosure cc with enciosure: John Cronin, Jr. tndependent Review Board 444 North Capitoi Street Northwest Suite 528 Washington, D.C