UNITED STATES DISTRICT COURT
FOIL THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JOHN BURKE AND MARK TOMASIK ) PDF Version
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Plaintiff, 

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v.  

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LABORER'S INTERNATIONAL UNION
  OF NORTH AMERICA,

 

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Defendant. 

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COMPLAINT TO DISSOLVE
TRUSTEESHIP OF LABOR UNION

Now comes the plaintiffs, John Burke and Mark Tomasik, individually and on behalf of other similarly situated members of Laborer's Local 2 ("Local 2"), by their attorney, David Mathews, and for their complaint against the Defendant, Laborer's International Union of North America ("LIUNA"), states as follows:

1. Local 2 is a voluntary unincorporated association with its principal place of business within this judicial district.

2. LIUNA is an international labor union which maintains members and conducts business within this judicial district.

3. Both Local 2 and LIUNA are "labor organizations" within the meaning of Section 3(I) of the Labor-Management Reporting and Disclosure Act ("the Act"), 29 U.S.C. §402(1).

4. The plaintiffs are members in good standing of Local 2, within the meaning of Section 3(o) of the Act, 29 U.S.C. §402(0).

5. Subject matter jurisdiction exists pursuant to Section 304 (a) of the Act, 29 U.S.C. §464(a).

6. On May 25, 1999, LIUNA placed Local 2 in trusteeship, within the meaning of Section 3(h) of the Act, 29 U.&C. §402(h).

7. The officers of Local 2 fully cooperated with LlUNA in the implementation and continuation of the trusteeship from its inception.

8. The purposes of the trusteeship, ridding Local 2 of organized crime influence and restoring democratic procedures within the local union, have long since been accomplished, and the plaintiffs and many of their fellow members are desirous of regaining local autonomy for Local 2

9. At the expiration of eighteen months from the establishment of the trusteeship, the trusteeship is presumed invalid and shall be discontinued unless LIUNA demonstrates by clear and convincing proof that its continuance is necessary for a permissible purpose. Section 304(c) of the Act, 29 U.S.C. §464(C).

10. No such evidence exists, and control of the local union should be immediately restored to the membership.

WHERFORE the plaintiffs pray for the entry of an order requiring LIUNA; to (1) conduct officer elections in Local 2 as soon as is practicable; (2) thereafter return control of the local union to its members, together with its books, records, monies and property; (3) having

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this Court oversee the appointment of an election offices and (4) awarding plaintiffs their attorneys fees and court costs in prosecuting this cause.

David Mathews
Attorney for Plaintiffs

CARMELL CHARONE WIDMER
MATHEWS AND MOSS

225 West Washington Street
Suite 1000
Chicago, Illinois 60606
(312) 236-8033
 Dated: November 20, 2000