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LAW
OFFICES |
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SCHIPPERS
&
BAILEY |
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TWENTY NORTH
CLARK STREET - SUITE 3600 |
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CHICAGO,
ILLINOIS 60602 |
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DAVID P.
SCHIPPERS |
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TELEPHONE
(312) 263-1200 |
May 26,
1999
VIA HAND DELIVERY
& FACSIMILE
Mr. James D.
Montgomery
111
W. Washington Street
Suite 823
Chicago, IL
60602
RE: Local 2,
LIUNA
Dear
Mr. Montgomery:
As discussed
in our telephone conversation, if the undersigned former Members of Local 2's
Executive Board agree to the following, we will withdraw the pending Application
for a Temporary Restraining Order.
The former
officers, employees and Executive Board Members of LIUNA, Local 2, as
indicated by their signatures below, agree, warrant and represent that they
collectively, and each of them, do hereby:
1.
Acknowledge as
of Monday, May 24, 1999, all Executive Board Members of Local 2 were relieved of
their Trust pursuant to Article IX, Section 7 of the International Union
Constitution;
2.
Recognize that
the Temporary Trustee is the lawfully appointed Temporary Trustee of LIUNA,
Local 2 and has full authority to conduct the affairs of that entity until such
time as his authority is resolved under the provisions of the LIUNA Constitution
or by Order of a Court of competent jurisdiction;
3.
Cooperate in
the delivery of all property, funds, books, records and assets of any kind in
their position to LIUNA and/or the Temporary Trustee or his
designee;
4.
Not represent
themselves as the authorized officers and/or representatives of LIUNA, Local 2
or take any action as the authorized or acting representative, managers, agents
or officers of LIUNA, Local 2 other than those specified by the Temporary
Trustee or his designee;
5.
Not interfere
with the implementation of the Temporary Trusteeship or the functions of the
Temporary Trustee or his designee;
.EXHIBIT
0
Mr. James
Montgomery
Page
Two of Three
May 26, 1999
6.
Not interfere
with the operations of LIUNA, Local 2
under
the Temporary Trustee, including interference with the collective
bargaining process, employer relations, employee relations and inter-union
relationships;
7.
Not interfere
with the transfer of signatory status on all bank accounts from the former
officers of LIUNA, Local 2 to the Temporary Trustee of his designee;
8.
Provide a
complete accounting of the financial condition of LIUNA, Local 2 to the
Temporary Trustee or his designee or refuse to provide any and all financial
records and an explanation for all receipts, disbursements and financial
transactions of any kind related to LIUNA, Local 2;
9. In no manner or fashion destroy, remove, or otherwise alter the books, records, accounts and other financial documents relating to LIUNA, Local 2; and
10.
Not refuse to
provide access or turn over the keys to the facilities, automobiles, and other
assets of LIUNA, Local 2.
Pursuant to
your representations that you will obtain the required signatures below, LIUNA
and the Temporary Trustee agree to enter and continue its previously filed
Motion for a Temporary Restraining order until tomorrow at a time set by the
Court. In the event you are able to provide us with original signatures to this
document by close of business today, we will withdraw our Motion for a Temporary
Restraining Order. obviously, in the event you are unable to obtain all of the
required signatures, we will be required to proceed. We would appreciate your
verbal confirmation of this agreement prior to the scheduled 2:30 p.m.
Hearing.
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Sincerely |
Sincerely, |
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s/Dwight
Bostwick |
s/David
P. Schippers |
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Dwight
Bostwick |
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Office
of the GEB Attorney |
Temporary
Trustee |
Mr. James
Montgomery
Page
Three of Three
May 26, 1999
AGREED AND
ACCEPTED
_______________________________________
Officer
and/or Executive Board
Member
_______________________________________
Officer and/or
Executive Board
Member
_______________________________________
Officer
and/or Executive
Board
Member
_______________________________________
Officer
and/or Executive
Board
Member
_______________________________________
Officer
and/or Executive Board
Member
_______________________________________
Officer and/or
Executive Board
Member
_______________________________________
Officer and/or
Executive Board Member
s/James
Montgomery_____________________
Attorney for
Local 2
_______________________________________
Attorney for
John Matassa, Jr.
Laborers for JUSTICE © 1999
Published as a free service to members of
local 2 and the public
Laborers for
JUSTICE
55. Northwest
Highway
Palatine, Il 60067
773-878-1002 (tel)
773-409-1503
(fax)