DOCUMENT ELECTK QNICALLY FILED DOC fh i n m m

Similar documents
Case 1:88-cv LAP Document 4329 Filed 12/09/13 Page 1 of 9

Pursuant to Paragraph O. of the Rules and Procedures for. Operation of the Independent Review Board for the International

September 21, 2011 UPS NEXT DAY. Re: APPLICATION 153 OF THE INDEPENDENT REVIEW BOARD

Pursuant to Paragraph O. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

Claimant, AFFIDAVIT AND AGREEMENT. Respondent. x. SAM CANINO, being duly sworn, deposes, says and agrees as

November 20, 2008 VIA OPS NEXT DAY AIR

October 22, 2009 APPLICATION 137 OF THE INDEPENDENT REVIEW BOARD

Pursuant to Paragraph O. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

Pursuant to Paragraph 0. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

) SS.: ANTHONY M. PARRINO, being duly sworn, deposes and. appointed pursuant to the consent order entered March 14, 1989

Pursuant to Paragraph O. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

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

AFFIDAVIT AND AGREEMENT PHILIP TORTORICI, PHILIP TORTORICI, being duly sworn, deposes and says, and

Charge One Violating Article II, seotion 2(a) of the International Brotherhood of Teamster* (IBT) constitution, by

PUG 08 "31 16:a2IWESTIGa-ri0NS0rr. " " P. 3

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

Pursuant to Paragraph o. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

Claimant, Respondents.

Pursuant to Paragraph 0. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

Pursuant to Paragraph 0. of the Rules and Procedures for. Operation of the Independent Review Board ("IRB") for the

Members of the Local 456 Executive Board. Members of the Independent Review Board. Proposed Charge Against Local 456 Member Pasquale J.

I. RECOMMENDATION INTRODUCTION

February 19, Re: Proposed Charges against Local 282 John Bilotti

Members of Local 510 Executive Board. The Independent Review Board

AGREEMENT RECITALS WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, Section 1. Entire Agreement. Section 2. Term.

INDEPENDENT REVIEW BOARD. July 12, 1995

IBT Local 813 Trustee Members of the Independent Review Board Proposed Charges Against Local 813 Member Dennis E. Hickey DATE: December 4, 1996

Independent Review Board -7-n Meeting Minutes June 7, 1996

Plaintiff, Defendant. Pursuant to Paragraph O. of the Rules of Procedures for. Operation of the Independent Review Board ("IRB") for the

Local 806 Trustee Joel LeFevre Members of the Independent Review Board Proposed Charges Against Local 806 Member Albert DeStefano Date: March 23, 2000

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

The Independent Review Board ("IRB") refers the below report to Joint Council 73 and

To: Joseph Foy, IBT Trustee, Local 813. Members of the Independent Review Board

WILLIAM GENOESE, JR., being duly sworn, deposss and

Case 1:88-cv LAP Document 4331 Filed 01/07/14 Page 1 of 16

("Morrison"), Val Neal ("Neal"), Wayne Maslen ("Maslen"), Richard Godin ("Godin"), Vince Johnson ("Johnson") and Cecil McEwan The IRB referred the

Members of the Independent Review Board. Proposed Charges against William A. Ferchak, former Secretary Treasurer of Local 2727

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

Members of the Local 743 Executive Board. Members of the Independent Review Board. Proposed Charge Against Local 743 Member Cassandra Mosley

FILED: NASSAU COUNTY CLERK 09/30/ :39 PM INDEX NO /2011 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/30/2016. Exhibit 15

n. INVESTIGATIVE FINDINGS

Members of the Independent Review Board. Proposed Charges Against Local 918 Member Antonio Manfredi

Local 918 Executive Board Members of the Independent Review Board Proposed Charges Against Local 918 Member Scott Bellocchio July 2, 1997

AFFILIATION AGREEMENT between UNITED NURSES OF CHILDREN S HOSPITAL and INTERNATIONAL BROTHERHOOD OF TEAMSTERS

Former Local 813 Members John DiNardi and Anthony DiNardi. The Independent Review Board ("IRB") refers the below report to the Local 813

Roger Immerglick has been a member of the IBT and Local 918 since Shortly after joining the IBT, Immerglick became INTRODUCTION

Barretti, who was born on July 22, 1960, is currently a I. RECOMMENDATION INVESTIGATIVE FINDINGS

November 9, James P. Hoffa, General President International Brotherhood Of Teamsters 25 Louisiana Avenue, N.W. Washington, DC 20001

[~DJ FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

GENERAL INSTRUCTIONS AND INFORMATION FOR FILING AND REPLYING TO REQUESTS FOR MEDIATION OR ARBITRATION

APPENDIX A Affidavit in Support of Application to Resign While Proceeding or Investigation is Pending INSTRUCTIONS An application pursuant to section

Case 1:13-cv LGS Document 866 Filed 09/08/17 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 1:12-cv VEC Document 186 Filed 05/27/15 Page 1 of 11. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x

Case 1:13-cv LGS Document 536 Filed 12/15/15 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK : : : : : : : :

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

Case 3:15-cv VAB Document 46 Filed 05/20/16 Page 1 of 52

Case 1:04-cv DAB Document 569 Filed 12/02/10 Page 1 of 8 SOUTHERN DISTIUCT OF NEW YORK..

IBEW LOCAL 701 CONTRACTOR S WAGE AND FRINGE BENEFIT BOND

ARTICLES OF INCORPORATION EPISCOPAL CHURCH, INC. ARTICLE I EPISCOPAL CHURCH, INC. ARTICLE II ARTICLE III

Members of the Local 295 Executive Board. Members of the Independent Review Board. Proposed Charges Against Local 295 Member Jeffrey Wilkens

DISTRICT COURT, FAMILY DIVISION CLARK COUNTY, NEVADA

JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

STATE OF MINNESOTA BOARD OF ACCOUNTANCY

17 Battery Place, Suite 331 _ Crandall, Pyles & Haviland Charleston, WV 25301

Case 1:14-cv Document 1-1 Filed 06/17/14 Page 1 of 61 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: 1:13-cv Document #: 382 Filed: 03/08/18 Page 1 of 14 PageID #:7778

COMMONWEALTH OF MASSACHUSETTS

BY-LAWS. of the JEWISH UNITED FUND. of Metropolitan Chicago

To: Members of the Executive Board, Local 917 From:

ARTICLE I ORGANIZATION

General Durable Power of Attorney. 1 I,, as principal, hereby appoint as my agent, to be my attorney-in-fact.

Case 2:08-cv SHM-dkv Document 327 Filed 06/23/14 Page 1 of 23 PageID 8969

Sample STATE OF NEW YORK CREDITOR. ,, SUMMONS Plaintiff, Index No. -vs- Date Filed: DEBTOR d/b/a. ,, Defendant. TO THE ABOVE-NAMED DEFENDANT:

EXHIBIT F-1 (I) FORM OF DESIGN-BUILD LETTER OF CREDIT VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VA ATTN: [ ]

STATE OF MINNESOTA BOARD OF ACCOUNTANCY

It is hereby stipulated and agreed by Respondent and the Committee that without

Long Form Prenuptial Agreement Another Form PRENUPTIAL AGREEMENT

A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this chapter.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

INDEPENDENT REVIEW BOARD INVESTIGATIVE REPORT IBT LOCAL 2 02 OFFICER RALPH D'AMICO June 23, 1993

It is hereby stipulated and agreed by Respondent and the Committee that

Topic: Appendix 1. Missouri Lawyer Trust Account Foundation - Articles of Incorporation Appendix 1. Missouri Lawyer Trust Account Foundation

READ THIS BEFORE COMPLETING THE FORMS!!! INSTRUCTIONS FOR MOTION TO CONTINUE HEARING

Case 1:14-cv VEC Document 259 Filed 01/24/17 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

January 11, 2013 All Local Unions with Members Formerly Employed by Hostess Brands, Inc.

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

Case 1:13-cv GJQ Doc #12 Filed 04/16/14 Page 1 of 7 Page ID#34 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Getty Realty Corp. (Exact name of registrant as specified in charter)

GENERAL INSTRUCTIONS AND INFORMATION FOR FILING AND REPLYING TO REQUESTS FOR MEDIATION OR ARBITRATION (1) The North Shore-Barrington Association of

Case 9:14-cv WPD Document 251 Entered on FLSD Docket 02/10/2017 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS

NATIVES OF KODIAK, INC. Inter Vivos Gift of Stock Form

) UNITED STATES OF AMERICA, ) ) Plaintiff, ) v. ) No. 88 Civ (LAP) ) INTERNATIONAL BROTHERHOOD OF ) TEAMSTERS, et al., ) ) Defendants.

General Durable Power of Attorney: Finances, Property, and Health Care (Florida Statutes et seq.)

NATIVES OF KODIAK, INC. Inter Vivos Gift of Stock Form

NOTICE OF MOTION FOR RECONSIDERATION. PLEASE TAKE NOTICE that Plaintiff, Martha J. Toy, by her attorney, William B.

CHARITABLE DISTRIBUTION AGREEMENT

and Article XIX, Section 7(b) (1) and (2) of the IBT Constitution/ and have violated Section 11 of the Bylaws of Local 355*

The Investigations Officer charged D. Silverman and Sanchez as

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

Transcription:

11/12/2009 15:06 FAX ADJUDGE PRESKA 0007/009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, al- 1 '" Defendants. DOCUMENT ELECTK QNICALLY FILED DOC fh i n m m 88 CIV. 4486 (LAP) ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND THOMAS CLAIR - C A ^ t 0 0 This court hereby acknowledges that the Agreementenclosed for with Application 139 of the Independent ^ ^ ^ ^ n > the International Brotherhood of Teamsters ( IBT ) has been received by this Court, and that this Court has caused to be District of New York. further certifies that the instant Acknowledgment of tz'cova of" the"svuthern District of Hew 'fork, and an4 «that. or tne v^uuiu forwarded to the following. copy of the Acknowledgment has been forwarded John J- Cronin, Jr. 444 North Capitol Street, N.W., Suite 528 Washington, DC 20001 nnard Administrator of the Independent Review Board Marvin Gittler, Esq. a the ^ Asher Gittler Greenfield,Alba LTD 200 West Jackson Boulevard, suite 1900 Chicago, IL 60606 Counsel for Thomas Clair Dated: i\fmmbkf _, 2009 New York, New York TSTDTJ.

j 11/12/2009 15:06 FAX ADJUDGE PRESKA 0007/009 In The Matter of Thomas Clair Before the 4 USDC SDN Y ; DOCUMENT ELECTRONICALLY FILED DOC DATE FILED: j J M l AFFIDAVIT AND AGREEMENT^ f f c v f m l^r) INDEPENDENT REVIEW BOARD -X STATE OF ILLINOIS COUNTY OF COOK ) ) ss.: ) Thomas Clair, being duly sworn, deposes, says, and agrees as follows: 1. On July 21, 2009, the Independent Review Board CIRB"), appointed pursuant to the Consent Order entered March 14, 1989 in United states v. International Brotherhood of Teamsters, 88 Civ. 4486 (DNE) (SDNY) (the "Consent Order"), recommended that charges be filed against me for (A) bringing reproach upon the IBT and for violating my fiduciary duties in violation of Article II, Section 2(b) (1), (2) and (6) and Article XIX, Section 7(b)(1) and (2) of the IBT Constitution by alilldly causing the Local 726 Pension Fund to enter

11/12/2003 15:05 FAX JUDGE PRESKA 004/009 into two ERISA promfed transactions and by otherwise failing to administer the Fund in accordance with the Fund's documents and for the benefit of participants and beneficiaries of the Fund, (B) bringing reproach upon the IBT and violating my fiduciary duties in violation of Article XIX, Section 7 (b) (1) of the IBT Constitution and Section 14 (A) (3) of Loc#7:EVbylaws by allegedly taking actions on March 21 and 27, 2008 to cause Local 726 to enter into loan transactions in which I caused the Local to pledge assets to secure loans I made along with two other Local officers without obtaining approval by the Local's Executive Board, and (C) bringing reproach upon the IBT in vias 'of Article XIX, Section 7 (b) (1) and (2) of the IBT Constitution by allegedly misleading the IBT General Secretary that Local 726 was reporting on the Local's financial statements, as instructed, the liabilities of the Local's Severance Plan and by failing to correct an inaccurate representation by the Joint Council's Presidei td%e General Secretary Treasurer that Local 726's officers had taken salary reductions when in fact they had not done so, The General President subsequently adopted and filed these charges, and referred them to a Panel for a hearing which is currently scheduled to begin on September 25, 2009. Page 2 of7

11/12/20D9 15:06 FAX JUDGE PRESKA 0005/009 2. I make this Affidavit and Agreement (the "Agreement") to resolve the IRB charges described jin paragraph 1. This Agreement does not constitute an admission or denial of the wrongdoing alleged in the IRB charges, I further understand and agree that this Agreement is based on the unique circumstances of my case. This Agreement shall not serve as precedent for other charges similar to the charges that were brought agains^^fe 3. I represent and agree to the following: (a) I have been a member of the IBT and Local 726 since 1971.1 have been employed by Local 726 since 1995 when I was hired as a business agent. Since 2003, I have been the Local's Secretary Tfilsurer and principal officer. Also, since 2003, I have been a trustee of the Local 726 Pension Fund and the Plan Administrator. (b) Other than the foregoing, I have held no other elected or appointed positions or offices of any kind with Local 726 or the IBT or any Wtheir affiliated entities, including any locals, superior bodies, inferior bodies, conferences, councils, committees, divisions, pension, health, welfare or severance plans or other such entities ("IBT entities"). Page 3 of 7

11/12/2009 15:06 FAX ADJUDGE PRESKA 0007/009 4. I hereby agree that effective beginning oil July 31, 2009, I permanently retired frora^ocal 726 and from my positions with the Local 726 Pension Fund. I acknowledge and agree that following my retirement, I am and will be ineligible to hold any appointed or elected office or employment with Local 726, the IBT or any affiliate of the the IBT, including but not limited to Joint Councils, Local Unions, and any benefit MdSSliated with the IBT or any of their affiliates. In addition, while I may retain my status as an inactive member on withdrawal, I shall not participate in any manner in any of the activities and affairs of Local 726 or the IBT, including but not limited to meetings, discussions, consultations, negotiations, votes or any other busines^fe$!ty of Local 726, the IBT or any of their affiliates, except that upon written request of an attorney for Local 726 I may provide necessary information and testimony regarding or in connection with grievances, arbitrations and other issues that involve matters arising prior to my retirement. 5. I hereby further a rbfe that except as provided herein from and after July 31, 2009, neither Local 726, the IBT, nor any other entities affiliated with the IBT, shall pay me, nor shall I accept, any salary, gratuities, gifts, severance payments, allowances, fees, benefit :.i>,icpage 4 of7

11/12/2009 15:06 FAX ADJUDGE PRESKA 0007/009 payments or contributions or any other compensation of any kind from any IBT entities, except that I may receive any compensation or benefits which havsaecrued to me prior to the effective date of my retirement and any fully vested or accrued pension, vacation or other benefits under any existing benefit plans or programs maintained or sponsored by Local 726 or IBT affiliated entities. In addition, I may receive payment for an -expenses I incurred in connection with my work on behalf iff Local 726 prior to the effective date of my retirement in accordance with existing policies and procedures of Local 726. This also means that from and after July 31, 2009, no contributions may be made on my behalf to any Local 726 or IBT affiliated benefit fu&lly Local 726 or other IBT affiliated entities. I further understand^ agree that funds I authorized to be paid to my 401 k account in July of 2009 will be held in escrow until monetary claims or potential monetary claims against me have been resolved. Such funds shall not be paid to Local 726, the Local 726 Pension Fund or me in of a binding adjudication or mutual agreement between the IBT and me. 6. I hereby further agree that from and after July 31 2009,1 will not seek or hold any office, employment or appointed position with Local 726, 5 of 7

11/12/2009 15:06 FAX ADJUDGE PRESKA 0007/009 the IBT or other IBT entities, including any Joint Council, any Local Union or any other affiliate of any of the foregoing, including any affiliated benefit funds. The foregoing prohibition includes consulting or similar relationships, whether paid or unpaid. 7. I understand and agree that this Agreement will be submitted to the Independent Review Board ("IRB") for its review and approval. If approved by the IRB, it will be submitted to the United States District Court for the Southed Strict of New York for review. I understand that if the Agreement is approved by the United States District Court for the Southern District of New York it will be entered as a Court order. I understand that no representations have been made as to whether this Agreement will be approved by the IRB or the United States District Co#f# the Southern District of New York. If this Agreement is not approved by the IRB or the Southern District of New York, this Agreement will be null and void. 8. I make this Agreement freely, under no duress or coercion of any kind. 9. I will transmit thismsgreement, signed by me, to the IBT. When it is signed by the IBT and the IRB, it will be submitted to the Court for review. Page 6 of7 k..,

11/12/2003 15:08 FAX 009/009 Sworn to before me this < f day of OorOS, 2009 Q/ji (Mavo Notary Public ^ Z 7 /^i^yrt^a Thomas Clair! "OFFICIAL SEAL" t ;i MONICA OALA : [NOTARY PUBLIC STATE OP ILLINOIS dres Witnessed AGREED: For the International Brotherhood of Teamsters Dated APPROVED: Dated _J7 o So Ordered: United States District Court Judge Hon. Loretta A, Preska < u Data Page 7 of 7