Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood ofteamsters 88 CIV.

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1 Chief Investigator: Charles M. Carberry, Esq. Investigations Office 17 Battery Place, Suite 331 New York, NY Administrator: John}. Cronin,Jr. INDEPENDENT REVIEW BOARD 444 North Capitol Street, NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB February 11, 2016 Board Members: Benjamin R. Civiletti, Esq. Venable LLP 575 7th Street, NW Washington, DC Joseph E. digenova, Esq. digenova & Toensing, LLP 1776 K Street, NW, Suite 737 Washington, DC James P. Hoffa, General President International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, DC The Honorable William H. Webster 1850 K Street, NW, Suite 1100 Washington, DC Re: Proposed Charge Against Local 50 Member Manny Quintero Dear Mr. Hoffa: Enclosed is a Computer Disk, containing the Cover Letter, Charge Report, Exhibit List and the Exhibits. A printed copy of the materials may be obtained by printing the contents of the Computer Disk. Very truly yours, Board By: Enclosure: Cc: General Executive Board Bradley T. Raymond, Esq., w/exhibits Charles M. Carberry, Esq., w/exhibits Tara M. La Morte, AUSA, w/exhibits Manny Quintero, w/exhibits Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood ofteamsters 88 CIV (LAP)

2 Chief Investigator: Charles M. Carberry, Esq. Investigations Office 17 Battery Place, Suite 331 New York, NY Administrator: John]. Cronin,Jr. INDEPENDENT REVIEW BOARD 444 North Capitol Street, NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB February 11, 2016 Board Members: Benjamin R. Civiletti, Esq. Venable LLP 575 7th Street, NW Washington, DC Joseph E. digenova, Esq. digenova & Toensing, LLP 1776 K Street, NW, Suite 737 Washington, DC The Honorable William H. Webster 1850 K Street, NW, Suite 1100 Washington, DC IBT General President, James P. Hoffa International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, DC Re: Proposed Charge Against Local 50 Member Manny Quintero Dear Mr. Hoffa: Enclosed are the Independent Review Board's (IRB) report and accompanying exhibits concerning Local 50 Member Manny Quintero. 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. You have ninety days within which to file the charges, hold a hearing and forward a final written report to the IRB. Pursuant to paragraph I(9) of the IRB Rules, not meeting this deadline may be considered a failure to cooperate with the IRB. Copies of hearing transcripts should be furnished to the IRB and to the Chief Investigator. 1 Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood ofteamsters 88 CIV (LAP)

3 If you decide to reject the IRB's recommendation, you must provide a written explanation with the specific reasons for failing to accept. Within seven days of receipt of this letter, please inform the IRB of the actions planned. Very truly yours, By: Members of the Independent Review Board ffi Cronin, Jr. Ad inistrator Enclosures cc: General Executive Board Bradley T. Raymond, Esq., w/exhibits Charles M. Carberry, Esq, w/exhibits Tara M. La Morte, AUSA, w/exhibits Manny Quintero, w/exhibits 2

4 TO: FROM: RE: James P. Hoffa, IBT General President Independent Review Board Members Proposed Charges against Local 50 member Manny Quintero DATE: February 11, 2016 I. RECOMMENDATION The Independent Review Board refers the below report to the General President and recommends that charges be filed against Local 50 member Manny Quintero ("Quintero") for bringing reproach upon the IBT through threatening to retaliate against an IBT member for exercising rights protected under federal labor law and the IBT Constitution, including the rights to seek election to office, support the candidate of one's choice, free speech and assembly. 1 In a telephone message left on the personal mobile phone of the wife of another Local 50 member, Quintero threatened that retaliatory actions would be taken against her member husband, such as getting "nailed" and having "his job taken away from him" Article XIX, Section 7(b) (10) of the IBT Constitution provides that a basis for disciplinary charges against IBT members is: Retaliating or threatening to retaliate against any member for exercising rights under this Constitution or applicable law including the right to speak, vote, seek election to office, support the candidate of one's choice, or participate in the affairs of the Union. (Ex. 1) 1

5 for "meddlin' in Teamster business", if he was involved in Local political activity in opposition to the incumbents. (Exs. 4-5) By his actions, it appears that Quintero, while an IBT member, violated Article II, Section 2(a) and Article XIX Sections 7(b) (2) and (10) of the IBT Constitution by threatening to retaliate against an IBT member for exercising rights protected under federal labor law and the IBT Constitution, including the rights to seek election to office and support the candidate of one's choice 2 II. JURISDICTION Pursuant to Article XIX, Section 14(c) of the IBT Constitution, this matter is within the jurisdiction of the IBT General President. Paragraph G (e) of the March 14, Consent Decree in United States v. International Brotherhood of Teamsters, 88 Civ (S.D. N.Y.) and Paragraph I ( 6) of the court-approved Rules and Procedures for Operation of the Independent Review Board ( "IRB Rules") require that within 90 days of the IRB' s referral of a matter to an IBT entity, that entity must file with the IRB written findings setting forth the specific action taken and the reasons for that action. Pursuant to Paragraph I(9) of the IRB Rules, not meeting this deadline may be considered a failure to cooperate with the IRB. Pursuant to Paragraphs 27, 32 and 33 of the Final 2 The threat of violence implied in the slang "nailed" was also a violation of 29 U.S.C

6 Order in United States v. International Brotherhood of Teamsters, 88 Civ (S.D.N.Y.), if this matter is not completed by February 17, 2016, the General President's action should be forwarded to the Independent Review Officer within the 90 day period. Given past IBT failures to comply with the Consent Decree deadlines, it is on notice that compliance within the deadline is obligatory. III. INVESTIGATIVE FINDINGS A. Local 50 Local 50 was located in Belleville, Illinois. As of 2014, it had 2,505 members. (Ex. 11) There was a Local election scheduled for the Fall of (Ex. 11) The incumbent President was Scott Alexander ("Alexander"). (Ex. 9 at 6; Ex. 11) B. Manny Quintero Manny Quintero became a member of Local 50 in (Ex. 12) Between January 2003 and June 2015, he was on withdrawal from union membership, after his driving license was suspended as a result of multiple convictions for Driving While Intoxicated. (Ex. 8 at 7-10) The period of license suspension was extended after Quintero was arrested for driving with a suspended license. (Ex. 8 at 7-12, 16-17; Ex.12) In June, 2015, Quintero deposited his withdrawal card when Alexander hired him to work for Local 50 as a landscaper and 3

7 janitor at the Local's Hall. (Ex. 8 at 53-54, 56, 78, 120, 122; Ex. 12) Prior to that hiring, the Local had separate landscaping and maintenance contractors performing that work. (Ex. 9 at 26-27) Quintero's re-initiation fee of $300 was waived. (Ex. 12) His salary was raised from $15 per hour to $20 per hour in November, (Ex. 8 at 54-55) The Local made benefit contributions on his behalf. His last dues payment was January 13, (Ex. 12) His dues were paid through December, (Ex. 12) C. Marc Archer In April, 2011 Marc Archer was appointed Recording Secretary. (Ex. 7 at 5, 7; Ex. 13) As part of his duties as Recording Secretary, Archer would prepare the meeting minutes in a Microsoft Word document and send them to the Local's secretary, N. Alexander, who was the principal officer's wife, for printing and distribution. (Ex. 7 at 9-10) Starting in December of 2014, Archer noticed that changes to the minutes he had submitted ton. Alexander were being made. (Ex. 7 at 9-10, 39-40) Archer's presence at the May, 2015 Executive Board meeting was excused due to a medical issue. (Ex. 7 at 39-40) In May, 2015, Alexander fired Archer from his position as Business Agent and he made a motion to have his wife, Nancy Alexander, serve as acting Recording Secretary for the June 2015 Board meeting. (Ex. 7 at 13-14) At the July, 2015 Board meeting, Alexander made a motion to have his wife N. Alexander, replace Archer as Recording Secretary for that meeting and for future 4

8 meetings. (Ex. 7 at 16-17) The Board and the Alexanders violated the IBT Constitution in removing Archer 3 An entry was made in the Local's TITAN system that Archer was on withdrawal 4. Archer had not requested the withdrawal. (Ex. 13; Ex. 7 at 17-19) At the June, 2015 Executive Board meeting, in violation of the IBT Constitution, Alexander informed Archer that N. Alexander would continue to serve as Recording Secretary. (Ex. 7 at 14) Archer claimed that Alexander had explained his use of unrequested withdrawal cards was intended to limit the number of potential opposition candidates for elected office in the Local. (Ex. 7 at 20-21) E. Tom Mcgowan Tom Mcgowan became a member of Local 50 in (Ex. 6 at 5) From 2012 through January 15, 2015, he was a Local 50 Business Agent for construction work. (Ex. 6 at 6) Alexander fired Mcgowan in January, (Ex. 6 at 8-9) Shortly afterward, Mcgowan that: 3 Article XXII, Section 3(d) of the IBT Constitution provides, in part, During the term of office of any officer of a Local Union or other subordinate body, no action under any circumstances may be taken to affect or modify the basic powers and duties of the incumbent officer, as established by the Bylaws or past practice. (Ex. 1) Archer could not be removed from his position by Alexander to be replaced by his wife. 4 At that time, there were three people in Local 50 with a password for the TITAN system. They were Alexander, N. Alexander and Secretary Treasurer Mark Beil. (Ex. 9 at 10-11; Ex. 6 at 24) 5 Mcgowan's dues record indicates a starting date in (Ex. 14) 5

9 obtained employment with a Local 50 employer. (Ex. 6 at 13-16) According to a Local 50 dues report, Mcgowan is currently a duespaying member of Local 50. (Ex. 14) His dues were paid through December, (Ex. 14) F. Nancy Alexander Nancy Alexander, ( "N. Alexander"), who was the wife of the Principal Officer Alexander, was employed at Local 50 as office manager and TITAN operator. (Ex. 9 at 10; Ex. 6 at 24) In January of 2015, she attempted to force Mcgowan into taking a withdrawal card after she returned his dues payments to the Local. (Ex. 6 at 30-34) Mcgowan stated that, over his objection, he sawn. Alexander log into the TITAN system and issue him a withdrawal card. (Ex. 6 at 31-32) Thereafter, Alexander improperly refused to accept Mcgowan's dues payments. (Ex. 6 at 33-34) 6 In his IBT sworn examination, Mcgowan expressed concern about any break in continuity of his dues payments because "If I ever wanted to run for an office position or the executive board, it would preclude me from doing it..." (Ex. 6 at 32) 6 Mcgowan began sending in his dues payments via certified mail, and the return of his dues payment checks stopped. (Ex. 6 at 33) According to a Local 50 dues report for Mcgowan, N. Alexander's issuance of a withdrawal card for Mcgowan lasted until May 21, 2015, when it was cancelled. (Ex. 14) According to dues receipts and cancelled checks, Mcgowan, who obtained work with a Local 50 employer within weeks after Alexander fired him from Local 50, continued to make his dues payments. (Ex. 6 at 13-14; Ex. 15) 6

10 G. Background In 2004, during the period of Quintero's license suspension, he obtained work at a Local 50 employer. According to Quintero, Mcgowan reported Quintero's lack of a license to the employer, which caused Quintero to lose his job there. (Ex. 8 at 41-45) Shortly after Alexander hired him during the summer of 2015, Quintero, a Local 50 employee, appeared at Mcgowan's place of employment and confronted Mcgowan, alleging that Mcgowan had circumvented the Local 50 referral rules when obtaining employment after Alexander fired him as Construction Agent in January, (Ex. 6 at 27-31; Ex. 8 at 66-71) According to Quintero, the Local's custodian, he was sent to Mcgowan's j obsi te at the request of Alexander, who asked Quintero to verify that Mcgowan was working there. (Ex. 8 at 60) Quintero also appeared another time at Mcgowan's jobsite and took photographs of Mcgowan at work. According to Quintero, he did so, using a camera he purchased at Alexander's direction, and for which the Local reimbursed him. (Ex. 8, at 57, 67-72) During his IRB sworn examination, Alexander denied requesting Quintero to take those photographs, and denied offering to reimburse Quintero for the purchase of a camera and development of any film he used. (Ex. 9 at 60-62, 65) Alexander stated that the Local's legal counsel advised him that under the contract, the 7

11 employer was free to hire Mcgowan directly, and that Mcgowan had not violated any referral rules. (Ex. 9 at 65-66) H. The Threat On October 21, 2015, at approximately 8:41 A.M., Quintero called Mcgowan's wife, Aimee ("A. Mcgowan") on her cell phone. (Ex. 2 at 6) Quintero obtained her number from his cousin Sandy 7 (Ex. 8 at 87) According to A. Mcgowan, "[Quintero] said he needed to talk to me -- talk to me in person and he couldn't talk to me over the phone." (Ex. 2 at 6) He asked her if she was at work, and told her he was waiting for her at her job. (Ex. 2 at 6-7) Quintero knew A. Mcgowan worked for an area funeral director. (Ex. 8 at 87, 89; Ex. 2 at 7-8) A. Mcgowan called her husband, who instructed her not to go to work. He also told her he would call the police. (Ex. 2 at 9) A. Mcgowan called her co-workers to ask about someone possibly waiting for her outside. She asked them to get a license plate number. (Ex. 2 at 9) A co-worker initially did not see a car in the parking lot, but later observed a car matching the description of Quintero's parked in the lot. (Ex. 2 at 10-11) Rather than pull into the main parking lot, Quintero was observed with his car backed-in to an area adjacent to the parking lot, 7 Sandy Jenkins is Quintero's cousin and provided day-care services for Mcgowan's child. (Ex. 2 at 16; Ex. 8 at 82, 151) 8

12 partially obscured by bushes 8 (Ex. 2 at 10) The co-worker, Jamie, told Quintero that A, Mcgowan had been called away and was not coming to work at that point. (Ex. 2 at 11-12) Quintero drove away. (Ex. 8 at 92) At approximately 8:58A.M., Quintero called A. Mcgowan's cell phone and left a voice mail message. The following is a transcript of the message he left. He stated: I'm telling you that if Tommy (inaudible) That it was Marc Archer (inaudible) I'm telling you Tommy (pause) that it was Marc Archer at Schatze's the other night and he's telling everybody he's gonna run as an agent for well he can't run for an agent's position 'cause of his record. Scott just ran his record, got his record and the only reason he's working is, he's working is because of you and the kid. Scott's gonna let him work to support you and the kid. That's what I'm gonna tell you! But if he thinks he's gonna jump in here, mess around with this Mark Archer and do these, do these things that he's doing, he's gonna get nailed and he's gonna get his job taken away from him. So I want you to tell him don't be, don't be meddlin' in with Teamster business and, ah, everything will be fine. But if he chooses to go this other route, it's not going to be good for him. So make sure you tell him this message and, ah, if he, his record you know (pause) it to the International but, ah, there's no way he can be, he can be a union agent, ever. Goodbye Aimee. And the only reason I did this is because you're friends with my cousin Sandy. Thank you, goodbye. (Ex. 4; Ex. 5; Ex. 8 at 97; Ex. 2 at 15-16) 8 In his IRB sworn examination, Quintero admitted to being in the parking lot, having backed in to the space described by A. Mcgowan's co-worker, Jamie, but claimed his car was not facing the street. (Ex. 8 at 88-90) 9

13 The police later contacted Quintero by telephone and questioned him about the events that day. (Ex. 3; Ex. 8 at 94-97) Quintero was warned against any further contact with A. Mcgowan, and informed that if he returned to A. Mcgowan's place of employment, he would be arrested. (Ex. 3; Ex. 8 at 94-97) According to a report of the incident contemporaneously made and on file with the Fairview Heights Police Department, Quintero told the officer who contacted him that he, Quintero, had made the phone call because he was "just asked by his boss [Alexander] to attempt to relay a message to her" (Ex. 3) In his sworn examination, Quintero denied telling the police he contacted A. Mcgowan at Alexander's request. (Ex. 8 at 96-97) Alexander also denied asking Quintero to make contact with A. Mcgowan. (Ex. 9 at 69-71, 92-93, 97) Quintero made an explicit threat that if Mcgowan, a perceived political opponent of incumbents in the Local Union, "be meddlin' in with Teamster business", "he's gonna get nailed" and "he's gonna get his job taken away from him" and "if he chooses to go this other route, it's not going to be good for him". (Exs. 4; 5) The trigger Quintero asserted for the dire consequences was Mcgowan's discussing Local matters with Archer an opponent of the incumbent principal officer. On November 10, 2015, Quintero testified pursuant to the IRB's request. (Ex. 8) He acknowledged that he had placed a phone call 10

14 to A. Mcgowan on October 21, After hearing it, he accepted the accuracy of the recording of the message he had left. (Ex. 8 at 97-98) Despite being asked, Quintero did not explain what he meant in the call when he said Alexander's potential opponents would get "nailed" (Ex. 8 at 106, 108) Referring to his earlier allegation that Mcgowan had violated the referral rules, Quintero testified he meant that "by breaking the union rules" Mcgowan would lose his job. (Ex. 8 at 10 6) However, Quintero admitted that Alexander had already informed him that the Local's attorney had advised that Mcgowan had not broken any rule. (Ex. 8 at 107) When asked for his definition of the term "nailed" Quintero stated, "I was meaning the dangerous things I think he's doing, plotting and all that stuff." (Ex. 8 at 108) Quintero further stated, "Well, if he's going to be breaking the law and everything, then he was he would have to pay the consequences for whatever he does." (Ex. 8 at 108) Quintero was unable to provide any concrete explanation of any "plot" or any laws Mcgowan had broken, other than the alleged political conversation he referred to in the threat. When asked what he meant when he said, "if he [Mcgowan] thinks he's going to jump in here and mess around with this Marc Archer", Quintero replied, Mr. Mcgowan is, you know, holding meetings with meeting Marc Archer in a bar discussing these things that he's going -- they're going -- they're plotting. They've been plotting I don't know what they're plotting. 11

15 (Ex. 8 at ) When asked what his definition of "meddlin' in with Teamster business" was Quintero replied, "causing trouble". He further explained, "I don't know, but he's heading that direction or causing the local problems... I assumed that. I assumed that". (Ex. 8 at 111) In the transcript, the only trouble Quintero referred to was innocent political opposition. Quintero, a Local employee beholden to the incumbent for his job, was also unable to explain what he meant when he said, "Everything will be fine, but if he chooses to go this other route". His response was, "I don't know. Whatever he's doing." (Ex. 8 at 112) Quintero's message for Mrs. Mcgowan to pass to her member husband was a blunt threat of retaliation against Mcgowan if he expressed his right to challenge or assist members to challenge Local 50 incumbents. It was triggered by his exercising his right to meet and speak with another member. In his testimony, Quintero asserted that he had not discussed with Alexander his intention to relay the message, and had not done so at Alexander's request. (Ex. 8 at 96-97) Mcgowan had a protected right under federal labor law to meet with another member to discuss Local issues and express his opinion. 29 U.S.C. 411 (a). In his threat that political opponents be 12

16 punished, Quintero violated Article. XIX, Section 7(b) (10) of the IBT Constitution and brought reproach upon the IBT. Article. XIX, Section 7 (b) (10) provides: (Ex. 1) Retaliating or threatening to retaliate against any member for exercising rights under this Constitution or applicable law including the right to speak, vote, seek election to office, support the candidate of one's choice, or participate in the affairs of the Union. A violation of that section of the IBT Constitution is a chargeable offense. IV. PROPOSED CHARGE Based upon the foregoing, it is recommended that Local 50 member Manny Quintero be charged as follows: While a member of Local 50, you brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX, Section 7 (b) (2) and (10) of the IBT Constitution by threatening to retaliate against a member for exercising their right to meet and discuss Local issues as protected under federal labor law and express his political opinions, to wit: As detailed above, you while a member and Local employee threatened retaliation against a member who met and discussed Local issues with another member by stating, among other things, that such member would "get nailed" and "get his job taken away from him" for "meddlin' in Teamster business". 13

17 EXHIBITS TO THE CHARGE REPORT REGARDING MANNY QUINTERO Ex. 1 Ex. 2 Excerpts from IBT Constitution Sworn Examination of Aimee Mcgowan, dated 11/9/15 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Fairview Heights, Ill. Police Report, 10/21/15 Disc of 10/21/15 telephone message from Quintero Transcript of 10/21/15 telephone message Sworn Examination of Tom Mcgowan, dated 11/9/15 Ex. 7 Sworn Examination of Marc Archer, dated 11/9/15 Ex. 8 Sworn Examination of Manny Quintero, dated 11/10/15 Ex. 9 Sworn Examination of Scott Alexander, dated 11/10/15 Ex. 10 Ex. 11 Ex. 12 Ex. 13 Ex. 14 Ex. 15 Not used. Form LM-2 of Local 50 for 2014 Dues (TITAN) report for Manny Quintero Dues (TITAN) report for Marc Archer Dues (TITAN) report for Tom Mcgowan Dues payment cancelled checks from Tom Mcgowan, Feb, April, May and June