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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 Not for publication on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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