In the Matter of Anthony Franco
Local Union 1018, Flushing, New York

 

Laborers’ International Union of North America
Independent Hearing Officer

 

Docket No. 02-1D
Dated: November 4, 2003
BENEFIT FUNDS’ ORDER

 

This Order responds to the request by counsel for the Pavers and Road Builders District Council Benefit Funds for a clarification of the penalty awarded Anthony Franco in the above captioned matter. See Letter from Riccardo Iaccarino to Peter F. Vaira of 10/17/03 (IHO Dkt. tab 49).

 

Counsel requested that the Laborers International Union of North America (LIUNA) Independent Hearing Officer (IHO) clarify the portion of the decision stating, “Franco is permanently barred from holding an office in or being employed by Local 1018 or any LIUNA affiliated entity or Fund.” Counsel specifically requested that the IHO clarify the phrase “any LIUNA entity or Fund.”

 

The phrase “any LIUNA entity or Fund” includes any LIUNA local union, district council, and positions with the International Union. It also includes any entity, fund, or trust that administers LIUNA welfare, benefit or pension funds or funds for the benefit of LIUNA, such as a LECET fund, for which there are LIUNA appointed trustees.

 

PETER F. VAIRA

 

INDEPENDENT HEARING OFFICER

 

 

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In the Matter of Anthony Franco
Local Union 1018, Flushing, New York

 

Laborers’ International Union of North America
Independent Hearing Officer

 

Docket No. 02-1D
Dated: December 1, 2003
CLARIFICATION ORDER

 

The Pavers and Road Builders District Council Welfare, Pension, Annuity, and Apprentice Skill Improvement and Safety Funds (Benefit Funds), through its counsel Riccardo Iaccarino, requested that the Laborers’ International Union of North America (LIUNA) Independent Hearing Officer (IHO) further clarify the penalty imposed upon Anthony Franco (Franco) on December 16, 2002, which the LIUNA Appellate Officer upheld on September 30, 2003.¹ See Letter from Riccardo Iaccarino to Peter F. Vaira of 11/10/03 (IHO Dkt. tab 50); see also In the Matter of Anthony Franco, IHO Order and Memorandum, 02-01D (December 16, 2002) (IHO Dkt. tab 46), aff’d, 2003 A.O. (02-028-IHO) (IHO Dkt. tab 47).

 

On behalf of the Benefit Funds, Mr. Iaccarino initially sought clarification of this penalty on October 17, 2003. See Letter from Riccardo Iaccarino to Peter F. Vaira of 10/17/03 (IHO Dkt. tab 48). Without addressing whether the Benefit Funds had standing to contest the penalty, the IHO responded to Mr. Iaccarino’s request because the IHO’s penalty language appeared clear on its face. See IHO November 4, 2003 Order (IHO Dkt. tab 49). In that Order, the IHO stated that:

 

[t]he phrase ‘any LIUNA entity or Fund’ includes any LIUNA local union, district council, and positions with the International Union. It also includes any entity, fund, or trust that administers LIUNA welfare, benefit or pension funds or funds for the benefit of LIUNA, such as a LECET fund, for which there are LIUNA appointed trustees.

 

Id.

1 The penalty read: “Franco is permanently barred from holding an office in or being employed by Local 1018 or any LIUNA affiliated entity or fund.” In the Matter of Anthony Franco, IHO Order and Memorandum, 02-01D (December 16, 2002) (IHO Dkt. tab 46).

Iaccarino responded to the November 4, 2003 Order with additional comments and legal argument questioning the source of the IHO’s authority to issue an order concerning the Benefit Funds. See Letter from Riccardo Iaccarino to Peter F. Vaira of 11/10/03 (IHO Dkt. tab 50). Subsequently, LIUNA’s General Executive Board (GEB) Attorney sent letters to Union Trustees Montelle, Ciancio, and Falzone regarding the impact of Franco’s permanent expulsion from LIUNA. See Letter from Robert D. Luskin to Messrs Montelle, Ciancio, and Falzone of 11/14/03 (IHO Dkt. tab 51).

 

If Mr. Iaccarino seeks further clarification of the penalty imposed upon Franco, it should be done by a formal motion addressed to the IHO. Any motion in this regard should address the issue of whether the Benefit Funds have standing to contest Franco’s penalty.

 

PETER F. VAIRA

 

INDEPENDENT HEARING OFFICER