The Independent Review Board ("IRB") refers the below report to the Local 295

Transcription

1 To: Members of the Local 295 Executive Board From: Members of the Independent Review Board Re: Local 295 Member Andre Pittman Date: November 3, 2003 L RECOMMENDATION The Independent Review Board ("IRB") refers the below report to the Local 295 Executive Board and recommends that charges be filed against Local 295 member Andre Pittman ("Pittman") for failing to cooperate with the IRB by refusing to appear for scheduled IRB sworn examinations on September 18, 2003 and October 2, By his actions, it appears that, while an IBT member, Pittman 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.) ("Consent Decree"). II. JURISDICTION Pursuant to Article XIX, Section 14 (c) of the IBT Constitution, this disciplinary matter is within the original jurisdiction of the Local 295 Executive Board. Paragraph G (e) of the March 14, 1989 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 IRB ("the IRB Rules") require that within 90 days of

2 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. m. INVESTIGATIVE FINDINGS A. Introduction An investigation was being conducted into allegations of sham collective bargaining agreements which included Local 295 member Andre Pittman and his employer Trailblazer, Inc.. The Local 295 Corruption Officer, appointed pursuant to the settlement of a federal civil RICO action against Local 295, referred the initial allegation to the IRB. B. Local 295 Local 295, located in Valley Stream, New York, has a long history of organized crime domination. Local 295 was a reputed tool for organized crime control of the air freight shippers and handlers at John F. Kennedy airport in New York and Newark airport in New Jersey. (Ex. 1) Two former Local 295 Presidents, Anthony Calagna ("Calagna") and Frank Calise, Sr. ("Calise") and a former officer, Harry Davidoff ("Davidoff') were convicted of felonies for misusing their Local Union offices. Calise and Davidoff were indicted in United States v. Salvatore Santoro. et al.. 85 Cr. 100 (E.D.N. Y.), a federal racketeering case which charged that members and associates of the Luchese Family of La Cosa Nostra ("LCN") used Local 295 and its sister Local 851 to conduct racketeering

3 enterprises. Both Calise and DavidofF were named in the indictment as associates of the Luchese Family. Salvatore Santoro, Paul Vario and Frank Manzo, each of whom has been publicly identified as LCN members were also indicted. (Ex. 2) The indictment contained numerous charges of LCN involvement in the affairs of Local 295, including charges of extortion of employers through the threat of wrongful labor activities by Local 295. On November 7, 1986, Calise pled guilty to charges of racketeering and was sentenced to nine years. Davidoff was convicted of racketeering and extortion in this and a related indictment, see United States v. Harry Davidoff. 85 Cr. 100 (E.D.N. Y.) and was sentenced to ten years. (Exs. 24, 25 and 26) On May 3, 1989, Calagna was indicted in United States v. Frank Calise. Anthony Calagna and Richard Schroeder. 89 Cr. 308 (E.D.N. Y.) along with Calise, for extortion and conspiracy to commit extortion from P.C. Delivery, an air freight company at Kennedy Airport which employed Local 295 members. (Ex. 27) In June 1990, Calise pled guilty to conspiracy to commit extortion. (Ex. 28) On January 3, 1991, Calagna was convicted after a jury trial, of extortion and conspiracy to commit extortion. (Ex. 29) In June 1990, Calise was convicted of conspiracy to commit extortion for conspiring to threaten work stoppages and other inferences by Local 295 to extort money from air freight companies at Kennedy Airport, which employed Local 295 members. (Exs. 30 and 31) In 1990, Local 295, its sister Local 851 and their Executive Boards were named as defendants in United States v. Local 295. et al.. 90 Civ. 970 (E.D.N.Y.), a civil RICO action filed by the United States in the Eastern District of New York. (Ex. 3 ) The complaint alleged that Calagna was a member of the Luchese LCN Family and that Harry

4 DavidofF, Mark Davidoff, Calise and Amato were LCN associates. The complaint further alleged that the defendants were engaged in a pattern of extortion from employers and members of Local 295 through an airport union enterprise and a Luchese Family enterprise. (Id.) In 1991, the Independent Administrator following a hearing issued a decision finding that Calagna was a member of organized crime and permanently barred Calagna from the IBT. (Exs. 4 and 5) In addition, on June 14, 1991, the Independent Administrator issued a decision finding that the Local 295 Executive Board members had (1) violated their fiduciary duties by failing to investigate and take action on numerous allegations of criminal acts by and convictions of present and former union officers and allegations of LCN involvement in the union affairs and (2) embezzled, inter alia, the Local's funds by paying Calagna's legal fees and awarding him a substantial pay increase, by establishing a severance plan for union officers, by buying a car in violation of the Local's Bylaws for Secretary-Treasurer Michael Hunt's retirement, and by making payments to Harry Davidoff since 1972 despite his conviction for extortion and conspiracy to extort Local 295 employers. (Ex. 1) 1 In November 1991, District Judge The Independent Administrator's findings detailed other federal indictments that centered on Local 295. See United States v. Soldano. et al.. 71 CR. 558 (S.D.N. Y.) (defendants charged and convicted for fraudulent manipulation of Local 295's severance scheme); United States v. Parker. 88 Cr. 026 (E.D.N. Y.) (Local 295 member plead guilty to extorting employers at Kennedy Airport by threatening to organize non-union employees); United States v. Vincent Santa and Thomas Orlando. 86 Cr. 303 (E.D.N. Y.) (defendants were convicted of extortion and conspiracy to commit extortion by threatening work stoppages and other labor difficulties involving Local 295 and Local 851); United States v. Salvatore Reale and George Parker. 86 Cr. 302 (E.D.N. Y.) (defendants were charged with extortion and conspiracy to commit extortion by threatening air freight companies at Kennedy Airport with interference from Local 295, including the threat to organize non-union employees by Local 295. On February 4, 1988, Reale pled guilty to charges of extortion and was sentenced to 15 years, and placed on

5 Edelstein affirmed the Independent Administrator's decision and findings to remove and permanently bar all but one member from the Executive Board of Local 295. (Ex. 32) In the civil RICO case, on April 29, 1992, District Judge Nickerson appointed Thomas Puccio as the civil RICO Trustee for Local 295. (Ex. 6) In November 2002, District Judge Raymond Dearie authorized elections at Local 295 (Ex. 7) After an election, in April 2003 an Executive Board was sworn in at Local 295. Thomas Puccio was appointed the Local 295 Corruption Counsel. Since May 2003, Donald Schwally has been the Local 295 Corruption Officer. (Ex. 8) C. Andre Pittman Pittman is a member of Local 295 and is the only member employed at Trailblazer, Inc. ("Trailblazer"). (Ex. 9) Local 295 dues records indicated that Pittman has been a member of Local 295 since September 26, (Ex. 10) Local 295 records show Pittman as an active member whose dues were paid through April (Ex. 10) On February 1, 2001, Michelle R. Darling signed a collective bargaining agreement ("Agreement") on behalf of Trailblazer. (Ex. 11) Then Local 295 business agent Chris Stampe ("Stampe") signed the Agreement on behalf of Local 295. (Ex. 11) The Agreement covered the period from February 1, 2001 through January 31, (Ex. 11) The bargaining unit was defined as "drivers, warehouse employees, helpers, probation for five years); United States v. Mark Tangas. (E.D.N. Y.) (a Local 295 employer was indicted in 1988 for perjury and obstruction of justice for falsely testifying before a grand jury which was "seeking to determine whether Anthony Calagna, the [then] president of Local 295, was arranging for and receiving illegal labor peace payoffs from air freight and shipping companies on behalf of himself and the Luchese Family); United States v. Frank Cammarano. 89 Cr. 654 (E.D.N. Y.) (Cammarano was indicted for extortion and conspiracy to commit extortion by threatening various air freight companies with labor disputes or organization of non-union employees by Local 295 and 851, on March 30, 1989, Cammarano was convicted and sentenced to eight years.)

6 switchers, platform employees, mechanics, garage employees, fueler, and all clerical employees." (Ex. 11 at 3) The Agreement did not include any hourly wages or any wage increase over the term of the agreement. The Agreement also lacked an address and telephone number for the company. (Ex. 11) According to the Local's employer roster, the address for Trailblazer, Inc., was 591 Vanderbilt Avenue, Brooklyn, New York, Suite 185. (Ex. 12) This is the same address Pittman gave. (Ex. 10) According to Local 295 records, in 2003 Pittman's dues were paid by company check from the account of Trailblazer of NY, Incorporated, located at the 593 Vanderbilt Avenue location. (Ex. 13) According to New York Department of State records, Trailblazer, Inc. listed the process address for the corporation, attention Michele R. Darling-Miller of rd Avenue, Rosedale, New York, and reflected an incorporation date of August 2, (Ex. 14) According to these records, this company became inactive on June 25, (Ex. 14) According to New York Department of State records, Trailblazer of NY, Inc. is an active company listing the process address at 593 Vanderbilt Avenue, Brooklyn, N. Y. (Ex. 15) These records reflect that Trailblazer of NY, Inc. was incorporated on June 14, (Ex. 15) On September 5, 2003, the Chief Investigator sent a notice of sworn examination to Pittman by overnight express mail scheduling his sworn examination for September 18, (Ex. 16) At this examination, the Chief Investigator planned to question Pittman about his Local 295 membership, the terms of his employment as well as any contacts with organized crime figures, particularly members and associates of the (Ex. 1 at 9-10)

7 Luchese LCN Family. The United States Post Office delivered the notice of examination on September 6, (Ex. 17) Without explanation, Pittman failed to appear for his September 18, 2003 sworn examination. (Ex. 18) On September 19, 2003, the Chief Investigator sent a second notice of sworn examination to Pittman by overnight express mail scheduling his sworn examination for October 2, (Ex. 19) The United States Post Office delivered the notice of examination on September 20, (Ex. 20) Without explanation, Pittman again failed to appear on October 2, (Ex. 21) On October 7, 2003, the Local 295 Corruption Officer called the telephone number listed for Pittman in Local records. (Ex. 22) 2 A message was left for Pittman to contact the Corruption Officer at Local 295. (Ex.22) Pittman did not return the call. (Ex. 22) IV. ANALYSIS The court approved Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters empowered the Chief Investigator "to take and require sworn statements or sworn in-person examinations of any officer, member, employee, representative, or agent of the IBT, provided that the IRB has given the person to be examined at least 10 days advance notice in writing and also provided that the person to be examined has the right to be represented by an IBT member or legal counsel." (IRB Rules, Paragraph H (3) (c); H (7)) Further, the IRB was According to telephone records the number was listed to a Dolores Pittman. (Ex. 23)

8 empowered to investigate any failure to cooperate fully with the IRB. Additionally, Article XIX Section 14 (i) of the IBT Constitution provides: All officers, members, employees, and representatives of the International Union and its affiliated bodies shall cooperate fully with the Independent Review Board in the course of any investigation or proceeding undertaken by it. Unreasonable failure to cooperate with the Review Board shall be deemed to be conduct which brings reproach upon the Union, and which is thereby within the Review Board's investigatory and decisional authority. It is well-settled that failure to cooperate with the IRB is grounds for disciplinary charges against IBT members. V. CHARGE RECOMMENDATION Based on the foregoing, it is recommended that Andre Pittman be charged as follows: While a member of Local 295 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 Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.), to wit: On September 18, 2003 and October 2, 2003, you willfully and without justification failed to appear for your scheduled in-person sworn 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 at which sworn examination you 8

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10 EXHIBITS TO THE REPORT INVOLVING ANDRE PITTMAN Independent Administrator's Decision Regarding IBT Local 295 Declaration of James J. Malley Complaint in United States v. Local 295. et al CV (E.D.N. Y.) Independent Administrators Decision Regarding Anthony Calagna, Sr. Memorandum and Order in United States v. IBT [Calagna]. 88 Civ (S.D.N. Y.) Consent Order in United States v. Local 295. CV (E.D.N. Y.) Amendment to Order in United States v. Local 295. CV (E.D.N. Y.) United States Attorney, Eastern District Letter regarding Appointment of the Local 295 Corruption Officer Excerpt from Local 295 Membership Roster Andre Pittman's Local 295 Dues Card Local 295 Collective Bargaining Agreement with Trailblazer, Inc. Excerpt from Local 295 Employer Roster Trailblazer of NY Incorporated January 31, 2003 Check to Local 295 for Andre Pittman's Dues New York Department of State Record for Trailblazer, Inc. New York Department of State Record for Trailblazer of NY, Inc. Andre Pittman's IRB Notice of Sworn Examination dated September 5, 2003 United States Postal Service Domestic Return Receipt Dated September 6, 2003 Andre Pittman's Record of Failure to Appear on September 18, 2003 Andre Pittman's IRB Notice of Sworn Examination for October 2, 2003 United States Postal Service Domestic Return Receipt Dated September 20,

11 Andre Pittman's Record of Failure to Appear on October 2, 2003 Local 295 Corruption Officer Memorandum Dated October 9, 2003 Telephone Listing for Dolores Pittman Indictment in United States v. Salvatore Santoro. CR (E.D.N. Y.) Judgment and Commitment Order for Harry Davidoff CR (E.D.N. Y.) Judgment and Commitment Order for Frank Calise CR (E.D.N. Y.) Indictment in United States v. Frank Calise. et al. CR (E.D.N.Y.) Judgment for Frank Calise CR (E.D.N. Y.) Judgment for Anthony Calagna CR (E.D.N. Y.) Indictment in United States v. Anthony Guerrieri et al. CR (E.D.N. Y.) Judgment for Frank Calise CR (E.D.N. Y.) Decision in United States v. IBT [Local Civ 4486 (S.D.N. Y.) 11

12 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 Street, NW, Suite 528 Washington, DC (202) Facsimile (202) Corruption Hotline (800) CALL IRB April 5, 2004 Members of the Executive Board IBT Local West Hawthorne Avenue, Suite 30 Valley Stream, New York Z&b- Board Members: Benjamin R. Civiletti, Esq. Venable, Baetjer, Howard & Civiletti 1201 New York Avenue, NW, Suite 1000 Washington, D.C Joseph E. digenova, Esq. digenova & Toensing th Street, NW, Suite 430 Washington, D.C William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 Washington, D.C Re: Decision on Charges Against Local 295 Member Andre Pittman Dear Members of the Executive Board: The Independent Review Board has reviewed your decision of March 30, 2004, in the above captioned matter, and finds the decision to be not inadequate. Very truly yours, Members of the Independent Review, ard By: John? 7 J. qfkonin, Jr. Administrator cc: Charles M. Carberry, Esq. Patrick J. Szymanski, Esq. Pursuant to the Consent Order of the United States District Court, S.D.N. Y. United States -v- International Brotherhood of Teamsters 88 CIV (LAP)

13 03/30/04 TUE 12:14 FAX LOCAL EXECUTIVE OFFICERS Lou Carmine yresifom Patrick Seller MiV PfnUfni Charles W. Russo Secretary Treasurer John lliiyes Recording Secrrtaty TRliSTF.ES Vinvem Brano Edward Mccormick William Robertson TEAMSTERS LOCAL UNION 295 AIR FREIGHT CHAUFFEURS, HANDLERS, WAREHOUSEMEN & ALLIED WORKERS AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS EXECUTIVE OFFICES 33 WEST HAWTHORNE AVENUE, SUITE 30 VALLEY STREAM. NEW YORK TELEPHONE (516) 56S-1970 FAX (516) March 30,2004 Independent Review Board Chief Investigator Charles M. Carberry Esq. 17 Battery Place, Suite 331 New York, N.Y, Dear Mr. Carberry: This letter is to inform you that upon your recommendation dated November 3, 2003, a hearing was held by the Executive Board of I.B.T. Local 295 regarding charges against Mr. Andre Pittman for failure to appear for a scheduled T.R.B. sworn examination on September 18, 2003 and October 2, You also notified the 295 Board that Mr. Pittman's examination was rescheduled for December 18, Mr. Pittman did appear for his sworn examination on December 18, A hearing was Held by the Executive Board of Local 295, on February 20, In attendance for the 295 Board were Lou Calemine, President, and Principal Officer, Patrick Schcer, Vice President, John Hayes, Recording Secretary, Charles W. Russo, Secretary Treasurer, William Robertson, Business Agent, Vincent Bruno, Business Agent, Edward McCormick, Business Agent and Waiter Kane, Counsel for Local 295. Mr. Pittman did not appear at the hearing. However the healing was held and all charges were received by the Executive Board. It is the decision of the Executive Board that Mr. Pittman be found guilty of the chargcs.the Executive Board imposes the sanction that Pittman after satisfying his delinquent dues, be suspended from membership for a period of one year. We at the Executive Board would appreciate any response from the I.R.B. Very Truly Yours CWR/abr cc: Patrick Szymanski., Esq. Charles W. Russo Secretary Treasurer