OFFICE OF THE INDEPENDENT HEARING OFFICER
IN THE MATTER OF |
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DOCKET NO. |
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SUPERVISION OF LOCAL UNION 327 AUGUSTA, MAINE |
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99-19T |
ORDER
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The General President imposed a Voluntary Supervision over Local Union 327 in Augusta, Maine (“Local 327”), on April 8, 1999. The Independent Hearing Officer (“IHO”) held a telephone hearing on the matter on April 16, 1999. The circumstances leading up to the supervision are as follows.
In the past few years, Local 327 has experienced unprecedented membership growth. As a result, the Business Manager/Secretary Treasurer, Ray R. Curtiss (“Curitss”), became overwhelmed and resigned. See Letter from Ray R. Curtiss, Business Manager, to Executive Board of Laborers Union Local 327 (undated). In his resignation letter, Curtiss strongly recommended that the International Union step in to help Local 327 in its leadership crisis. Id.
The New England Regional Manager, Armand Sabitoni (“Sabitoni”), recommended to the General President that the International Union impose a supervision on Local 327 for one year. Sabitoni based his conclusion on the following factors: the increase in membership, the resignation of the Business Manager/Secretary-Treasurer, financial and membership records not being up to date, extensive manpower commitments being made to national contractors in the area, and none of the Executive Board officers being prepared to assume the Business Manager/Secretary-Treasurer position. See Letter from Armand E. Sabitoni, Vice President and Regional Manager, to Arthur A. Coia, General President, of March 25, 1999.
Sabitoni discussed the supervision option with the Executive Board. The Executive Board concluded that a supervisor should be appointed to assume the duties of Business Manager/Secretary-Treasurer and that all current officers remain in place for the duration of the supervision.
Upon the recommendation of the New England Regional Office, and with the approval of the General Executive Board Attorney, the General President imposed a Voluntary Supervision over Local 327. Id.; see also Letter from Robert D. Luskin to Arthur A. Coia, General President of March 29, 1999. The General President appointed Sabitoni as Supervisor and International Representative Douglas Watson as Deputy Supervisor. See Letter from Arthur A. Coia, General President, to Armand E. Sabitoni, Vice President of April 8, 1999. The Executive Board of Local 327 signed the Voluntary Supervision Agreement.[1]
The Independent Hearing Officer held a hearing via telephone on April 16, 1999. Michelle Simon, LIUNA Assistant General Counsel, represented the International Union. Members of the Executive Board and Sabitoni participated in the hearing. The stated grounds for the supervision include the recent resignation of the Business Manager/Secretary-Treasurer with no member willing to assume that office, and a requirement for renewed strong leadership resulting from the rapid growth in membership.
At the hearing, Gary Federico, President of Local 327, testified that he and the entire Executive Board concurred with the voluntary supervision. Federico stated after he had learned that no administrative paperwork had been performed at the union for two months and the Business Manager was not answering phone calls, he sought help in running the union. Local 327 currently does not have any field representatives or persons representing the Local in the field.
Based upon the evidence presented by the LIUNA General Counsel, the signed Voluntary Supervision Agreement, and the recommendation of the Regional Manager, I find that the supervision imposed on Local 327 was warranted, done in good faith, and purely for organizational purposes. The consent agreement signed by the Executive Board was done so voluntarily after an informed consideration.
The supervision should continue pursuant to Article IX, Section 7 of the International Union Constitution.
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PETER F. VAIRA |
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INDEPENDENT HEARING OFFICER |
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Date: April 27, 1999 |
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Michelle Simon, Esq. Douglas Watson Armand Sabitoni Local Union 327 |
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[1] The agreement was signed by Gary Federico, President; Roland LeBlond, Vice President; Robert Neilson, Recording Secretary; and Gilbert LaPeirre, Robert Greenleaf, and Raymond B. Noolean, Executive Board Members.