Members of the Local 851 Executive Board. Members of the Independent Review Board. Proposed Charges Against Local 851 Member Thomas Calabrese

Transcription

1 To: From: Re: Members of the Local 851 Executive Board Members of the Independent Review Board Proposed Charges Against Local 851 Member Thomas Calabrese Date: May 4, 2005 I. RECOMMENDATION The Independent Review Board ("IRB") refers the below report to the Local 851 Executive Board and recommends that charges be filed against Local 851 member Thomas Calabrese ("Calabrese") for his failure to cooperate with the IRB by failing to appear for his scheduled IRB sworn examination on March 9, By his action, it appears that, while an IBT member, Calabrese violated Article II, Section 2(a) and Article XIX, Sections 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 Order in United States v. International Brotherhood of Teamsters, 88 Civ (S.D.N.Y.) ("Consent Order"). The Local 295 Corruption Officer assisted the Chief Investigator in the investigation of this matter. 1

2 II. JURISDICTION Pursuant to Article XIX, Section 14(c) of the IBT Constitution, this disciplinary matter is within the original jurisdiction of the Local 851 Executive Board. Paragraph G(e) of the Consent Order and Paragraph 1(6) of the court-approved Rules and Procedures for Operation of the IRB ("IRB Rules") require that within ninety 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 such action. Pursuant to Paragraph 1(9) of the IRB Rules, not meeting this deadline may constitute a failure to cooperate with the IRB. III. INVESTIGATIVE FINDINGS A. Introduction The IRB was investigating allegations whether Calabrese, a Local 851 member and a DHL employee, had brought reproach upon the union and had any contact with members and associates of organized crime. On February 3, 2005, Calabrese was arrested along with 19 other individuals and charged by the Suffolk County District Attorney's Office for promoting gambling. (Ex. 1) The Local 295 Corruption Officer, appointed pursuant to the 2

3 settlement of the federal civil RICO action the United States brought against Local 295, referred this allegation to the IRB. A former Local 295 officer and a Local 295 member had also been charged in the indictment. (Ex. 1) B. Local 851 Local 851, located in Valley Stream, New York, represents clerical and office workers involved in the air freight business. (Ex. 2) This local has approximately 690 members. (Ex. 2) This Local has a long history of being dominated and influenced by organized crime. On March 20, 1990, the United States filed a civil RICO complaint in the Eastern District of New York against Local 851 and other entities alleging that Local 851 was dominated by organized crime. United States v. Local 295, et al. 90 Civ. 970 (E.D.N.Y.) An amended complaint was filed on April 25, (Ex. 3) On January 27, 1994, the IBT imposed a trusteeship upon Local 851. (Ex. 4) On October 17, 1994, a court-approved Consent Order was entered into between the United States and Local 851 and the IBT, which had placed Local 851 in trusteeship. (Ex. 5) This Consent Order provided for an independent supervisor to monitor the affairs of Local 851 and rid the Local of organized crime influence. (Ex. 5) 3

4 C. Thomas Calabrese Calabrese, date of birth November 23, 1961, has been a member of Local 851 since November 1, (Ex. 6) He has been employed as a DHL employee since (Ex. 6) Local 851 records show Calabrese's dues were paid through April 1, (Ex. 6) D. Evidence On February 3, 2005, the Suffolk County District Attorney's Office charged Calabrese in a felony criminal complaint with promoting gambling in the first degree. (Ex. 1; Ex. 7) 1 On February 14, 2005, a notice of sworn examination was sent to Calabrese's address by U.S. Express mail, scheduling his sworn examination for March 1, (Ex. 8) At this examination, the Chief Investigator's Office planned to question Calabrese about his Local 851 membership, the terms of Calabrese's employment, his role in a large scale gambling operation that resulted in his arrest along with the arrests of nineteen other individuals and any contacts he had with members or associates of organized crime. Calabrese's criminal complaint was filed under docket number 2005SU (Ex. 7) Calabrese's criminal case involving the gambling charges was adjourned to April 28, (Ex. 7) 4

5 On February 22, 2005, George Dazzo ("Dazzo"), an attorney, contacted the Chief Investigator's Office and stated that he represented Calabrese. (Ex. 9) Dazzo asked whether Calabrese's sworn examination would cover the topic of his arrest on the promoting gambling charge. (Ex. 9) He was told it would. (Ex. 9) Dazzo stated he was unavailable on March 1, 2005, the date of Calabrese's sworn examination. (Ex. 9) He requested an adjournment to March 9, (Ex. 9) The adjournment was agreed to. (Ex.10) On March 8, 2005, the day before the requested adjournment date, Calabrese's attorney contacted the Chief Investigator's Office to state that Calabrese had resigned his Local 851 membership and would not appear for his scheduled sworn examination. (Ex. 9: Ex. 11) Dazzo was told that if Calabrese did not appear for his scheduled sworn examination, the Chief Investigator would recommend to the IRB that charges be recommended against Calabrese for failure to cooperate. (Ex. 9) 2 Calabrese did not appear for his sworn examination on March 9, On March 8, 2005, Dazzo faxed a copy of Calabrese's resignation from his Local 851 membership. (Ex. 11) 5

6 IV. ANALYSIS The court-approved Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters empower 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 ten 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.... Failure to appear for a duly-noticed in person examination shall be deemed a failure to cooperate fully with the IRB." (IRB Rules, Paragraph H(3)(c); H(7)). 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. The failure to cooperate with the IRB is grounds for disciplining IBT members. On March 9, 2005, Calabrese did 6

7 not appear for his sworn examination, properly noticed and adjourned at his request. Calabrese's resignation does not excuse him from complying with his consent decree obligations. He had received his notice while a member. Moreover, no withdrawal card had been issued. That Calabrese resigned prior to his adjourned deposition date rather than appear after he had been notified is not a defense. Resignations are not permanent. Members can not escape their consent decree obligations after they have been notified by resigning with the option to rejoin when the date for testimony has passed. To accept that interpretation would be to render the consent decree obligations to cooperate meaningless. V. CHARGE RECOMMENDATION Based on the foregoing, it is recommended that Calabrese be charged as follows: While a member of Local 851 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 7

8 March 14, 1989 Consent Order in United States v. International Brotherhood of Teamsters, 88 Civ (S.D.N.Y.), to wit: Having received notice from the IRB that your sworn statement was requested on March 9, 2005, 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 would have been questioned about activities related to your Local 851 membership and the promoting gambling in the first degree charge brought against you by the Suffolk County District Attorney's Office. 8

9 EXHIBITS TO THE REPORT INVOLVING THOMAS CALABRESE Ex. 1 Suffolk County District Attorney's Press Release on Individuals Arrested Between February 2-3, 2005 Ex. 2 Local 851 Form LM-2 for 2003 Ex. 3 Amended Civil RICO Complaint re: Local 851 Ex. 4 IBT Notice of Trusteeship for Local 851 Ex. 5 Consent Decree Re: Local 851 Ex. 6 Ex. 7 Ex. 8 Ex. 9 Thomas Calabrese's Local 851 Dues Card Criminal Court Adjournments of Thomas Calabrese Thomas Calabrese's IRB Notice of Sworn Examination dated February 14, 2005 Affidavit of Linda Chan, Esq., Special Counsel to Charles M. Carberry, Chief Investigator of the Independent Review Board Ex. 10 Letter to George Dazzo, dated February 22, 2005 granting adjournment to March 9, 2005 Ex. 11 Thomas Calabrese's Resignation Letter dated March 7,

10 i Chiei Investigator: Charles M. Carbeny, Esq. 17 Battery Place. Suite 331 New York, NY Board Members: Benjamin R. Civiletti, Esq. Venable, Saerjer. Howard & Civiletti 575 7th Street, NW Washington, D.C Administrator: John J. Cronin, Jr. August 3, 2005 Joseph E. digenova, Esq. digenova & Toensing, LLP th Street, NW, Suite 430 Washington, D.C William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1S25 Eye Street, NW, Suite 1100 Members of the Executive Board Washington, D.C IBT Local West Hawthorne Avenue, 3rd Floor Valley Stream, New York Re: Decision on Charges Against Local 851 Member Thomas Calabrese Dear Members of the Executive Board: The Independent Review Board has reviewed your decision of August 1, 2 005, in the above captioned matter, and finds the decision to be not inadequate. Very truly yours, By: Members of the Independent Review Board. 1 r I V 7 / J<zfoh J^'Cronin, Jr. Administrator / cc: Patrick J. Szymanski, Esq. Andrew W. Schilling, AUSA Charles P. DeMartin, Esq. Charles M. Carberry, Esq. Thomas Calabrese

11 EXECUTIVE OFFICERS Thomas N.Conelias PrviidtM Kenyettie K.Roper ) i.-p 'President George M.Caballero Secretary-: Treasurer James M.Hayes Recording Secretary TRUSTEES Jo-AnnAyala Rua Hatter Shercy Rose TEAMSTERS LOCAL UNION 851 MISCELLANEOUS PRODUCTION AND INDUSTRIAL EMPLOYEES AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS EXECUTIVE OFFICES 33 West Hawthorne Ave., 3rd Floor VALLEY STREAM, NEW YORK TELEPHONE (516) FAX (516) August I, 2005 John J. Cronin Jr. Administrator 444 North Capital Street, NW Suite 528 Washington, DC RE: Proposed Charges Against Local 851 Member Thomas Calabrese Dear Mr. Cronin, This letter is to inform you that upon your recommendation of May 4, 2005, a hearing was held by the Executive Board of Local 851 regarding charges filed against Mr. Thomas Calabrese by the Independent Review Board for failure to appear at a scheduled 1RB sworn examination on March 9, The Local 851 hearing was conducted on August 1, In attendance at the hearing of Local 851 were President and Principal Officer Thomas N. Conelias, Vice President Kenyettie K. Roper, Secretary-Treasurer George M. Caballero, Recording Secretary James M. Hayes, Trustee Jo-Ann Ayala, Trustee Rita Hatter, Trustee Sherry Rose, Member Thomas Calabrese and Attorney Joseph Rizzo. Mr. Calabrese did not appear at the March 9, 2005 hearing as advised by his attorney since it would have interfered with his criminal case. However, the hearing and all charges were received by the Executive Board of Local 851. It is the decision of the Executive Board or Local 851 that Mr. Caiabrese's membership be suspended for one (i) year effective August 1, We, the Executive Board would appreciate any response from the 1RB. Sincerely, George M. Caballero Secretary-Treasurer, Local 851 CC: Patrick J. Szymanski, Esq. Andrew W. Schilling. Esq Charles P. DeMartin, Esq. Charles M. Carberry, Esq. George Dax/o. 1 -q. Thomas Calabrese

12 Executive Board Hearing for Thomas Calabrese's IRB Charges Teamsters Local Union No. 851 Minutes on the Local Union Executive Board Hearing August 1,2005 The meeting was held in the Local Union Executive Board Meeting Room at 33 West Hawthorne Avenue, Valley Stream, New York and was called to order by President Thomas N. Conelias at 9:45am. Roll Call of Officers in Attendance: Thomas N. Conelias, President Kenyettie K. Roper, Vice President George M. Caballero, Secretary-Treasurer James M, Hayes, Recording Secretary Jo-Ann Ayala., Trustee Rita Hatter, Trustee Sherry Rose, Trustee Recording Secretary James M. Hayes confirmed there was a quorum. Mr. Thomas Calabrese and his attorney Joseph Rizzo were in attendance. Mr. Calabrese was charged by the Independent Review Board for his failure to cooperate with the IRB by failing to appear for his scheduled IRB sworn examination on March 9, Secretary-Treasurer George M. Caballero read the charges that were recommended by the IRB that Mr. Calabrese was in violation of Article II, Section 2 (a) and Article XIX, Sections 7 (b) (i) and (2) and Section 14 (i) of the IBT Constitution. The Local 851 Executive Board received these charges. Statement of Thomas Calabrese: I was notified by the IRB to appear for a sworn examination on March to answer questions about bringing reproach on the Local by promoting gambling. Upon the advice of my legal counsel I did not appear before the IRB on March because it would have interfered with my criminal case. Since then I have been cooperating with the IRB and have had a hearing on July 28, 2005.

13 Comments from Joseph Rizzo Mr. Calabrese has fully complied with the IRB since the Suffolk County case has been resolved. The advice not to appear on March 9, 2005 was advice given by other counsel. Since Mr. Rizzo has been Mr. Calabreses' attorney, they have contacted the IRB to set up any meetings they needed and would fully comply with anything the IRB needed. A meeting was held on July 28, 2005 where Mr. Calabrese was questioned for one and a half hours. Mr. Rizzo requested that the Executive Board please take all this into consideration when making their decision since he did cooperate with the IRB and would in the future if needed. Questions from the Floor President Thomas Conelias asked Mr. Calabrese, "Can you tell us why you missed the meeting with the IRB on March 9, 2005." Mr. Calabrese replied, "I did not go to the meeting as per my attorney 1 s advice because it could have interfered with my pending criminal case in Suffolk County," Vice President Kenyettie Roper asked Mr. Calabrese "are you completed with all your meetings with the IRB?" Mr. Calabrese response was "yes, I have fully cooperated with the IRB. Should they require more meetings, I will fully comply but I do not know of any meetings currently scheduled." Adjournment With no further business coming before the Executive Board the hearing was adjourned at 10:15 am. A motion was made by Trustee Rita Hatter and seconded by Recording Secretary James Hayes. The motion was approved unanimously. Fraternally submitted, James M. Hayes Recording Secretary