In the Matter of Local 1056

Laborers’ International Union of North America

Independent Hearing Officer

Docket No. 98-41T

Decided June 17, 1998

Order and Memorandum

This Order and Memorandum addresses the voluntary Supervision and Settlement Agreement entered into on May 21, 1998, among the Laborers’ International Union of North America (“LIUNA”) General President Arthur A. Coia, General Executive Board Attorney (“GEB Attorney”) Robert D. Luskin, and the Executive Board of LIUNA Local Union 1056 (“Local 1056”).

A hearing was held on June 16, 1998, via telephone.

For reasons set out below, I find that there is substantial need for supervision over Local 1056 and that the Settlement Agreement was entered into voluntarily.

Findings of Fact

Local 1056 is located in Providence, Rhode Island.

The grounds for placing Local 1056 under supervision are as follows: failure to properly maintain books and records; approval of loans, compensation and reimbursements to officers in violation of required procedures; improper establishment and use of Local Union credit card accounts; an arrearage in per capita tax owed to the International Union in the amount of approximately $10,000; operating beyond its financial means; and failure to hold regular Local Union meetings as required by the Local Union Constitution.

On May 21, 1998, the Executive Board of Local 1056 entered into a voluntary Settlement Agreement with the GEB Attorney and the International Union to place Local 1056 under supervision.

On June 5, 1998, General President Coia placed Local 1056 under supervision pursuant to his authority under Article IX, Section 7 of the LIUNA Constitution.

A hearing was held, via telephone, on June 16, 1998.

The Executive Board was represented by Local 1056 President Frank Maratta (“Maratta”).  Maratta affirmed that the Executive Board voluntarily executed the Settlement Agreement.

I find that the Settlement Agreement was entered into voluntarily.

The International Union offered ample evidence to support the Settlement Agreement and that a supervision is necessary.

Conclusions

1.        Local 1056 has voluntarily entered into a Settlement Agreement with the International Union and the GEB Attorney to be placed under supervision.

2.        There is substantial evidence that a supervision is necessary to gain financial stability and restore regular meetings.

Decision

The supervision of Local 1056 is necessary and should be continued pursuant to Article IX, Section of the LIUNA Constitution.

PETER F. VAIRA

INDEPENDENT HEARING OFFICER