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Laborers for JUSTICE
The Laborers Network
last revised
08/14/07
Index of terms
www.thelaborers.net
©2000 Not for republication on the internet. Not for publication on
laborers.org Contact Jim McGough
if you would like your union members to receive a cd-rom with all these
decisions plus searchable past issues of the Laborers Magazine .
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 Jim
McGough
Pronounced like McGoff
Search Decisions
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APPENDIX(Indexed By Topic)
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Unreasonable delay in providing inspection opportunity
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98-57P
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Association with LCN
Joint Defense - Meetings for the purposes of joint defense do not
indicate association amounting to barred conduct
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97-52D
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Strong evidence individual
spent time regularly meeting and associating with other organized crime
members was more than just fleeting or casual and demonstrated knowing
association
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98-1l D
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Evidence of individual's
participation in extortionate activities, illegal gambling activities, and
illegal pornography activities supported by corroborating evidence
demonstrated membership in and association with the LCN.
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98-43D
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Placing one's name on the
out-of-work list does not qualify as working at the calling where member
turned down over twenty dispatches
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99-13P
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IHO found it unnecessary to
examine whether improper ballot position of certain candidates affected the
election, because the first three candidates who were listed out of order of
each other won the election.
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99-33P
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It is a violation of
constitution for a Judge of Election to arbitrarily change ballot position as
set out in Article VI, section 2(g), of the constitution.
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99-43P
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Refusal to be deposed by
the GEB Attorney constitutes barred conduct and includes tactics to delay a
deposition at the last minute
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98-67D
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A reasonable union officer
should know that he can not expect the union to pay for meals while working
in the home office
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99-39D
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Despite findings made in
trusteeship hearing, IHO examines all evidence in subsequent disciplinary
charges against an individual de novo as applied to him individually
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98-43D
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Business Manager has a duty
to see that affairs and business at local union, including hiring hall
dispatch procedures, are conducted in accordance with Article IV, § 4(e) of
Uniform Local Constitution.
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98-49D
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Campaign activities in
parking lot outside union hall did not violate election laws
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99-31P
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LECET Funds - Use of LECET funds for campaign purposes by union
officials who were trustees of a LECET fund was a violation of
the EPC
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99-26P
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Where incumbent Business Manager utilized letter written by office
personnel as campaign mailing, IHO found violation of spirit of
Article V, section 4(c), Uniform Local Union Constitution.
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99-42P
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Campaign
Literature
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IHO does not determine truth or falsity of campaign literature. Unions
may not regulate the content of campaign literature.
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98-57P,
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Campaigning
on Job Sites
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Decision to permit or not permit campaigning on job site is sole
discretion of contractor, however, decision must be uniform as
to all candidates.
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98-57P
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Campaign,
Sufficient Time
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LIUNA constitution and Federal law requires that a candidate have
sufficient time to campaign; where candidate held ineligible to
run and later found eligible, he should have been notified to
give him sufficient time to campaign; the IHO found that under
the circumstances, he was
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99-28P
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Candidate
Running for Two Offices
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Where candidate improperly ran for two offices in violation of Article
VI Section I (g) of the constitution, IHO will presume that
campaign for first office for which candidate was nominated was
valid race; the IHO will examine if candidate's running for
second office for which he was nominated had an effect on the
election in the race for the second office
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99-43P
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Candidates
Name Misspelled
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Listing candidate's first name as "Lawrence," did not affect
outcome of election in view of fact that candidate's name also
included his requested nickname of "pinky."
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99-43P
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Candidates
Protest during Ballot Count
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Candidates are not permitted in the area where ballots are being
counted.
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98-55P
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Conflict
of Interest
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Although no union funds involved and no direct effect on Union, joint
venture between Respondent and President and CEO car vendor to
union constituted a definite conflict of interest and an
appearance of impropriety and was a violation of the EPC
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97-52D
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Conviction
of
the Narcotics Laws
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Conviction of delivery of cocaine was sufficient to bar member from
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99-24P
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Democratic
Practices
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Local Union Officer's attempted bribe of executive board member to
resign her position constituted violation of Democratic
Practices Section of the EPC.
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98-26D
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Failing to dispatch member in retaliation for member's dissident
activities while continuing to accept member's dues payments
constitutes violation of the EPC, ULAC, and federal law.
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98-49D
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Member has a right, whether or not he is working and whether or not he
is on the out of work list, to inspect the dispatch records
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98-49D
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Unless the International Union issues a clear policy to the contrary,
a local union may not recognize requests to view the out of work
list.
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98-49D
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Refusal to dispatch an employee in retaliation for employee's
dissident activities constitutes a violation of NLRA and unfair
labor practices.
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98-49D
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Federal rules - As a LIUNA disciplinary matter is not a federal
criminal trial, discovery requirements of federal criminal
procedure do not apply
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99-02D
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Notes of Interview - production of notes of interview of GEB Attorney
or IG personnel testifying as to hearsay testimony of an
organized crime figure in protective custody may be required by
the IHO and will be determined as necessary on a case by case
basis.
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99-02D
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Power to Disqualify - IHO has same power to disqualify attorneys who
appear before him, as do the courts.
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99-11D
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Standard - In determining disqualification of attorneys before him,
the IHO enforces applicable Rules of Professional Conduct and
considers same issues a court would consider.
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99-11D
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Distribution of campaign material inside the union hall is improper.
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99-13P
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There is no duty on the local union to notify a member that his dues
are in arrears.
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99-29P
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Officers whose responsibility it is to run a local union cannot escape
liability for permitting unqualified persons to be hired and
then to run for office.
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99-06TB
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Where Business Manager and Executive Board had sufficient notice that
candidate's conviction may have barred him from office, they had
duty to investigate the allegation and take action.
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99-06TB
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Individual's position as Vice President of the Chicago District
Council included a duty beyond simply presiding over meetings in
the absence of the President, and included not permitting LCN
influence.
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98-43D
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Outside Professional Agency - Legally permissible to hire an
independent organization to conduct election to insure against
improper activity; use of such agency does not relieve judges of
election of their duties.
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98-57P
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Each election notice must be complete on its face. Notice must contain
all essential facts and leave no room for interpretation
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99-32P
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Failure to pay dues - When a member has not been suspended at
appropriate time prior to nominations for failure to pay dues,
judges do not have the authority to suspend member or disqualify
him retroactively on those grounds; the same principle holds for
failure to pay initiation fees.
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97-28P
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Process
- Protestors need only file a protest with the IHO.
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97-28P
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Reopen
- Power to reopen is clearly included in IHO's power to reorder
a rerun election
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97-28P
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Timeliness
- An election protest must be filed with the IHO within 30 days
of the election. The IHO will waive this limitation for good
cause shown. Good cause was shown where the election was
conducted partially by mail in ballots, although no variance was
granted by the General President
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99-35P
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Timeliness
- An election protest must be filed within 30 days of the
election. The IHO will waive this restriction on good cause
shown. Circumstances did not demonstrate good cause shown.
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99-38P
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Vote
Count - It is not unusual for members to fail to cast votes for
each office open for election. The fact that total votes for
each office is less than total number of members who signed in
to vote does not invalidate the election.
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99-32P
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Election
protests are not adversary proceedings.
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97-28P
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The
procedures outlined in the EPC and EDP apply only to
disciplinary charges.
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97-28P
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Protestor
who alleged that opposing slate campaigned during working hours,
had access to member's telephone numbers, and paid membership
dues in exchange for votes did not provide the necessary detail
and specificity to conclude that the alleged violations could
have affected the outcome of the election
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97-28P
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Embezzlement/Misuse of
Union Funds
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Where
Regional Manager/Vice President of International Union caused
Kentucky District Council, Louisiana District Council, and Local
692 to pay him consulting fees and contribute to two pension
funds over a period of approximately six years for which he did
no work, a violation of 29 U.S.C. § 501(a), 29 U.S.C. §
501(c), and the EPC occurred.
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98-65D
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After
being ordered to cease role as a consultant to three LIUNA
entities, Regional Manager/Vice President's act of devising a
plan to have the three entities continue to pay him outside
compensation by using other methods to substitute for the
consulting fees was a violation of Article IV§ 3 of
Constitution and EPC.
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98-65D
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Conflict
of Interest - An employee of the International Union is under an
obligation to avoid the conflict of interest that arises when
personal and business transactions are combined
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96-54D
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Personal
Matters - It is a violation of the Ethical Practices Code when a
conflict or the appearance of a conflict results in LIUNA paying
additional funds for personal matters.
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96-54D
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Corroboration
- information given by same informant to two separate law
enforcement officials does not constitute corroboration.
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98-11D
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Hearsay
evidence - former law enforcement officer testimony culled from
various sources which corroborated each other and was supported
by surveillance evidence and by expert testimony found to be
reliable hearsay evidence
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98-11D
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Jurisdiction - Fact that the NLRB has jurisdiction
over hiring hall practices does not prevent the union from
policing itself
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98-49D
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Registration - Dispatcher violates EPC, Title 29.
U.S.C. § 158, and Article III, § 2(a) and Article IV, § 4(e)
by registering members on the out of work list who had not
registered on the sign-in list or by dispatching members as
requests who had not registered on the sign-in list ahead of
other members properly registered on the sign-in list.
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98-49D
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IHO is a judicial officer whose duty it is to
rule on protests; IHO does not have the overall supervision of
election activities.
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99-28P
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Penalty - IHO has power to impose internal
employment restriction on a union member for a criminal
conviction notwithstanding a ruling by a court granting a
shorter restriction.
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99-09D
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Repayment of monies and punishment by a court
of law does not preclude union from imposing its own discipline.
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99-09D
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Requisite intent for embezzlement of union
funds by converting union funds to an individual's own use is
determined by the totality of the circumstances.
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98-26D
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In order to establish violation of Article
111, Section 3(d) of the Uniform Local Union Constitution, GEB
Attorney must show deliberate affirmative act, mere nonfeasance
is insufficient
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97-52D
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Greeting - Not impermissible for judge to
greet members as they enter polling site absent any showing of
improper activity.
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98-57P
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Duties - Facts indicated Judges of Election
were deficient in their duties, and abandoned their role in
favor of the business manager who made numerous decisions
regarding elections
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99-28P
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Problem Resolution - If problems arise,
Judges of Election must be given instruction as to how to seek
independent advice and the Business Manager or other members of
the Executive Board cannot permit the Judges to attempt to
resolve a serious matter without providing them with sufficient
resource from whom they can seek help
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99-06TB
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LCN Control of Industry - Where LIUNA member
also a made member of organized crime family whose goals
included control of the construction industry, membership had an
effect on the affairs of LIUNA.
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98-43D
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Meeting with LCN after Hearing - Individual's
meeting with organized crime members following a trusteeship
hearing regarding organized crime to report on the hearing found
to be further evidence of individual's regular meetings with
high-ranking organized crime members.
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98-43D
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Membership - if a union officer is found to
be a made member of organized crime, there is no further need
required to find whether his LCN membership had an effect on
LIUNA.
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98-43D
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Qualification
Meeting - Protestors not entitled to attend meeting of Judges
and Candidates
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98-29P
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Timeliness
- Nomination protest must be filed with IHO prior to election;
late nomination protest will be waived only upon good reason
shown.
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98-29P
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Notice
of election must be mailed 15 days prior to date of
election
where facts demonstrated that because notice was not mailed 15
days in advance of election, rerun election was necessary; IHO
reserved decision whether any facts would excuse a failure to
comply with 15 day rule.
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99-32P
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No
violation found in holding the nomination meeting six days
before the general membership meeting where there had been a
prior nomination that was defective because not all members were
notified, and no member complained about not being nominated.
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99-34P
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Charges
- Sending a charged member a list of the constitutional
provisions alleged to have been violated is not sufficient
notice for a
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99-30TB
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Trial
Board proceeding, the notice must include a statement of the
facts indicating the basis of the charges to give the charged
party an idea of what he must defend against.
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Deposition
- Proper deposition notice is given to respondent by serving
proper notice upon respondent's attorney
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98-67D
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Deposition
- Members may not arbitrarily choose whether to appear at a
scheduled deposition; request for delay found not reasonable and
not for good cause.
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98-67D
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Knowingly
making a false material statement to an IG investigator, where
such false statement has a natural and probable effect to
obstruct, constitutes obstruction of IG investigation.
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96-54D
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Regional
Manager/Vice President's attempt to mislead IG investigator
regarding work he had performed in exchange for his consulting
fees violated the EPC and the EDP.
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98-65D
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Campaigning
- office personnel's ready access to member information
prohibits election campaigning due to requirement of allowing
all candidates equal access for campaigning purposes.
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98-28P
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Campaigning
- Article V, Section 4(c) prohibiting office personnel from
running for office was also intended to keep them from
capitalizing on their credibility by campaigning for other
persons.
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98-28P
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Campaigning
- office personnel's union membership maintained solely for
pension purposes cannot be used to override Article V, Section
4(c).
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98-28P
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Campaigning
by administrative worker - telephone calls, active campaigning,
and false statements made by trusted office person and
dispatcher had significant negative effect on member's campaign.
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98-28P
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History
- extensive discussion of history of Colombo family in the New
York construction industry and the union movement.
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98-11D
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History
- extensive discussion of history
of the Chicago Outfit and the Northside Crew.
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98-43D
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LIUNA
reform is about more then association with organized crime,
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99-09D,
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LIUNA
should not be a haven for organized gamblers who can take
advantage of the union's benefits while running their operation.
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99-10D
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Just
cause - while profane statement made by officer to member was
improper, given officer's recognition of the impropriety of
statement and his full apology to member on the record, no just
cause existed for imposing a penalty as a result of the remark.
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98-58TB
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Prior
court ruling - IHO has power to impose internal employment
restriction on a union member for a criminal conviction
notwithstanding a ruling by a court granting a shorter restriction
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99-09D
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Protestor
must show how the selection of the date, time, and location of
polling place would result in an unreasonable opportunity to vote.
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98-57P
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Power of Arbitrator
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Charges
- Labor arbitrators have power to redefine the charges before him.
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99-39D
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Reopening
- Accepted procedure in labor arbitrations permits reopening both
the plaintiff and defense cases to allow receipt of relevant
evidence while the hearing is in process.
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98-67D
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Union
meeting - in the absence of any special rule to the contrary,
Roberts Rules of Order apply to the conduct of Local union
meetings.
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98-60TB
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IHO
does not have the power to require the Department of Justice to
produce witnesses who are in the Federal Witness Protection
Program
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99-02D
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IHO
does not adopt the evident partiality standard of recusal.
Findings in a prior factual matter (trusteeship hearing) do not
evidence partiality and does not require recusal of the IHO.
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98-43D
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Neither
the Regional Manager nor International Representatives have the
authority to remove an individual from office or dismiss a field
representative of a local union not under trusteeship
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99-06TB
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Jurisdiction
- Pursuant to Article Xii.
Section 8 of the LIUNA Uniform Local Constitution, the
manner of
conduct of nomination or election of Local Union officers,
officials, and delegates is not within the jurisdiction of the
local union trial board.
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97-28P
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Emergency
trusteeship warranted where international audit revealed that
local was insolvent, had been underreporting its membership to the
International, had no hiring hall system. did not have an annual
operating budget in place, and did not have sufficient bonding
coverage.
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99-16T
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Emergency
trusteeship warranted where executive board of local was virtually
paralyzed for two years due to an ongoing dispute between the
business manager and the President/Secretary-Treasurer; an
international audit revealed that local had not maintained proper
records of dues, supervisions, and initiations; and local had
deficit spending in excess of sixty thousand dollars and had
improper accounting and hiring hall practices.
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99-17T
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Emergency
trusteeship warranted where Business Manager of local was a made
member of organized crime and had arbitrary power of to increase
or decrease officer salaries and where local not had a contested
election since 1984.
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99-25T
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Failure
to consistently implement and adhere to job referral rules and
preferential treatment given to some members demonstrated need for
trusteeship.
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99-IOT
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Supervision
warranted where Business Manager/Secretary-Treasurer became
overwhelmed and resigned due to unpredicted membership growth;
supervision necessary to restore organization day-to-day
operations of local union.
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99-19T
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Trusteeship
necessary and warranted where local was not holding regular
meetings, was not participating in District Council meetings, had
not held a timely election of officers, did not submit timely per
capita payments to the international union, and did not
effectively police its jurisdiction.
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99-22T
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Campaign
Use - Permissible to use union facility for campaign rally as long
as all candidates are afforded equal opportunity on equal terms at
beginning of campaign
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98-57P
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Credit
Card - Use of union credit card for personal purchases constituted
conversion of union assets and violation of EPC and 29 U.S.C. §
501(c).
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98-26D
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General
Counsel's position on rights and responsibilities of local
executive boards and memberships to authorize and commit the
expenditures of funds of local unions.
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98-26D
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Meal
Expenditures - Abuse of union's meal policy by charging meals not
reasonably related to union business found violation of 29 U.S.C.
§501 (c) and EPC
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98-26D
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Membership
Approval - LIUNA practice and procedure requires membership
approval prior to expenditure of union money for expenses such as
physical examinations and training not qualifying under regular
recurring expenses as provided by Article IV, Section 4H(4) of the
Local Union Constitution.
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98-26D
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Union
Policy - union officers are obligated to abide by set union
policies in disbursing of union funds.
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98-26D
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IHO
takes position that 29 U.S.C. § 501 (a) pertains only to
financial transactions.
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97-52D
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Use
of union funds to pay members' dues who were in
arrears is improper. Paying members' fees out of a Tee shirt fund
was improper.
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98-46P
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Union
Attorney
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Use
of union attorney to represent interests of local during election
process is permissible.
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98-57P
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Fitness
to maintain union employment should require a commitment to the
labor movement and its ideals.
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99-09D
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IHO
will not examine the granting of variances unless it can be shown
the General President abused his discretion and his decision was
contrary to the Constitution or federal law or the variance would
result in injustice.
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98-57P
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Supervision
warranted where local union was unable to properly implement the
Amended Job Referral Rules
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99-20T
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Supervision
warranted where local union was unable to properly implement the
Amended Job Referral Rules.
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99-21T
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Supervision
warranted where local union was unable to properly implement the
Amended Job Referral Rules
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99-37T
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Supervision
warranted where audit reveled that local had failed to properly
and timely initiate and readmit members when they joined or
rejoined and failed to suspend members in arrears of dues payments
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99-47T
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Supervision
warranted where Business Manager was unable to uphold his duties
due to health reasons and local was unable to find someone willing
to assume the position, and where between 15,000 and 30,000
dollars misappropriated from local funds and local secretary was
missing.
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99-49T
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Supervision
warranted where Business Manager found to have abdicated his
duties and supervision necessary to restore day to day operations
correct any financial malpractice, assume performance of
collective bargaining agreements and carry out legitimate affairs
of Local.
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99-50T
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Laborers
for JUSTICE
The Laborers Network
www.thelaborers.net ©2000
Not for republication on the internet
Not for mutilation or alteration by the webmaster
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his own work after removing the copyrights.© Laborers for JUSTICE
2000 All Rights reserved. |
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