UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA, and  )
LABORERS' INTERNATIONAL UNION )
OF NORTH AMERICA by and through )
ROBERT LUSKIN in his official capacity as )
)
General Executive Board Attorney. )

Plaintiffs

) 99 C 5229

v. 

)
)		 Hon. Robert W. Gettleman
CONSTRUCTION & GENERAL LABORERS )
DISTRICT COUNCIL OF CHICAGO AND )
VICINITY an affiliated entity of the Laborers' )
International Union of North America, )

Defendant 

)

 

MONITOR'S DISCIPLINARY CHARGES AGAINST JOSEPH DONATO

Pursuant to Paragraph 20 of the Consent Decree, the Monitor hereby commences disciplinary proceedings against JOSEPH DONATO (" Donato") a member and former officer of Local 225, though the filing of the charges set forts, below. The Monitor charges as follows:

BACKGROUND

    1     DONATO has been a member of Laborers' Local 225, located in Des' Plaines, Illinois, since approximately 1989.

    2.     DONATO was the Sergeant at Arms of Local 225 from in or about 1993 until in or about November 1996.

    3     DONATO was the Recording Secretary of Local 225 from in or about November 1996 until Local 225 was placed in trusteeship in March 1998.

    4.     DONATO was a business agent for Local 225 from approximately late December 1996 or early January 1997 until March 1998. Local 225 records reflect that from January to May 1997, he was "part-time'' in that he was paid for no moue than 40 hours of work per month, and that from June 1997 until March 1998 he was "full-time" in that he was paid fm no less than 140 hours of work per month.

INTIMIDATION OF UNION MEMBERS IN CONNECTION WITH ELECTION

    5.     On or about July 3,1999, in or around Kankakee, DONATO made threatening and intimidating statements to two members of Local 225. DONATO told the members that he would be running for union office and threatened them with physical  harm and harm to their families if they spoke out against him or otherwise attempted to cause him to lose the election,

FINANCIAL MALPRACTICE

    6.     Financial malpractice; and in particular excessive and illegitimate meal expenses during the time that DONATO was a Local 225 officer, was one of the primary reasons that local 7.25 was placed in trusteeship.

    7.     DONATO contributed significantly to the financial malpractice at Local 225. During 1997, while he was the Recording Secretary of Local 225, DONATO participated in numerous meals with other Local 225 officials and others that, as he knew were not legitimate union expenses and were wrongfully charged to local 225. DONATO personally submitted vouchers seeking reimbursement for more than 90 meals, totaling close to $6,000, and he attended numerous other meals that, as he knew, were wrongfully charged to the union by other union officials. He also incurred several other expenses that he improperly charged to the union.

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THEFT OF EQUIPMENT AND MATERIALS FROM EMPLOYER

    8.     Between approximately early March 1999 and late May 1999, DONATO was employed in a union position with Ameri Environmental, as a foreman on an asbestos removal job at the Shakespeare School Chicago , Illinois.

    9.     During that time period, DONATO participated in three major thefts of equipment and materials from Ameri Environmental, each totaling at least several thousand dollars. They were as follows:

INTERFERENCE WITH THE PROPER CONDUCT OF UNION

    10.    While employed as a foreman by Ameri Environmental during 1999, DONATO unilaterally reduced the hours on the job of other union members and replaced them on the job with non- union workers.

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    11.     Also while employed at Ameri Environmental, DONATO told the management of the company, in essence, not to cooperate with the union if the union contacted the company, but to deal with the union only through him. In addition, DONATO told the management. in essence that if he were elected business manager of Local 225, Ameri Environmental would not have to worry about anything with respect to the union, implying that it would not have to abide by agreements with the union.

FALSE AND MISLEADING STATEMENTS TO LIUNA INSPECTORS

    12.     On or about November 20,1999. DONATO was interviewed by two inspectors employed by the Inspector General of LIUNA, who would be reporting the results of the interview to the Inspector General, the General Executive Board GEB" ) Attorney, and the Monitor. DONATO was represented by counsel and knew the purpose and identity of the inspection. During the course of the interview, DONATO knowingly made a number of false and misleading material statements, including the following:

    a. DONATO was asked whether he bad made threatening or intimidating statements to two Local 225 members as alleged in paragraph 5, above. He denied   that he had, knowing that his denial was false and misleading.

    b. DONATO made a false accusation against one of the Local 225 members who he had threatened. claiming that this individual had been fired by a previous employer for extorting kickbacks from other laborers. DONATO made this statement knowing it was false or with reckless disregard for its truth-

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c. DONATO was asked whether he had committed any thefts of materials from job sites. He denied that he had, knowing that his denial was false and misleading.

d. DONATO was asked whether, while working for Ameri Environmental. he had reduced the hours on the job of other LIUNA members and replaced them on the job with non-union workers. He denied that he had, knowing his denial was false and misleading.

e. DONATO was asked about the reasons that his employment with Ameri Environmental had been discontinued. He falsely denied that this occurred because he was suspected of committing thefts. Since DONATO had been told explicitly by Ameri management that the company would no longer employ him because it believed he committed the three thefts described above in paragraph 9, DONATO knew that his denial was false  and misleading.

f. DONATO was asked about the circumstances of his firing by Loyalty Environmental, Inc., several years earlier. He specifically denied that he was fired because he improperly had sold asbestos training certificates to two workers. Since DONATO had been told explicitly by Loyalty management that he was being fired because he had sold asbestos (raining certificates, DONATO knew that his denial was false and misleading.

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FALSE AND MISLEADING STATEMENTS TO THE MONITOR

    13.     On May 2, 2000, DONATO gave a sworn deposition under oath to a representative of the Monitor's office. DONATO was repented by counsel during this deposition and knew this purpose and identity of the questioner. During the course of the deposition, DONATO knowingly made a number of false and misleading material statements, including the following:

a. DONATO was asked whether he had made threatening or intimidating statements to two Local 225 members as alleged in paragraph 5, above. Her denied that he had, knowing that his denial was false and misleading.

b. DONATO was asked whether he had committed any thefts of materials from the job site at the Shakespeare School. He denied that he had, knowing that his denial was false and misleading.

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CHARGE ONE
Violation of Ethical Practices Code-Democratic Practices

Paragraph 5 is re-alleged and incorporated herein.
    By making threatening and intimidating statements to two Local 225 members in connection with an upcoming union election. DONAT0 violated the rights of the members to participate in the democratic  decisions of the union without fear, abuse, or intimidation, in violation of the Democratic Practices Section of the LIUNA Ethical Practices Code (" EPC").

CHARGE TWO
Violation of Ethical Practices Code- Barred Conduct
(Violation of 18 U.S.C. § 1951)

Paragraph 5 is re-alleged and incorporated herein.
By making threatening and intimidating statements to two Local 225 members in connection with an upcoming union  election, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO committed an act of racketeering by attempting wrongfully to use the threat of physical violence to deprive two union members of their rights to participate in the democratic decisions of the union, in violation of 18 U.S.C. § 1951.

CHARGE THREE
 Violation of Ethical Practices Code-Financial Practices Section

    Paragraphs 6 and 7 are re-alleged and incorporated herein.

    By knowingly incurring expenses that were excessive and wrongfully charged to Local 225, DONATO violated the Financial Practices Section of the EPC.

CHARGE FOUR
 Violation of the Uniform Local Union Constitution-Breach of

Duties as Executive Board Member and Officer

    Paragraphs 6 and 7 are re-alleged and incorporated herein.

    By knowingly incurring expenses that were excessive and wrongfully charged to Local 225, DONATO broached his duty to sec that the affairs and business of the Local Union were being properly conducted, and failed fully to perform his duties, responsibilities, and obligations that attached to his position as an Executive Board member and Officer of Local 225, all in violation of Article IV, Section 4(H)(9) and Article VI, Sections 3(n) & (o) of the Uniform Local Union Constitution.

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CHARGE FIVE
 Violation of 29 U.S.C. §S01(c)

    Paragraphs 6 and 7 are re-alleged and incorporated herein.

    By knowingly incurring expense that were excessive and wrongfully charged to Local 225, DONATO violated 29 U.S.C. § 501(c)-

CHARGE SIX
 Violation of 710 ILLS 5/16-1

    Paragraphs 8 and 9 are re-alleged and incorporated herein

    By stealing thousands of dollars in property from his employer on or about March 6. 1999, DONATO committed felony violations of Section 16-1 of the Illinois Criminal Code (720 ILCS 5/16-1).

CHARGE SEVEN
Violation of 720 ILCS 5/16-1

    Paragraphs 8 and 9 am re-alleged and incorporated herein.

By stealing thousands of dollars in property from his employer on or about April 10, 1999, DONATO committed felony violations of Section 16-1 of the Illinois Criminal Code (720 ILCS 5/16-1).

CHARGE EIGHT
 Violation of 720 ILCS 5/16-1

    Paragraphs 8 and 9 are re-alleged and incorporated herein.

    By stealing thousands of dollars in property from his employer on or about May 14, 1999, DONATO committed felony violations of Section 16-1 of the Illinois Criminal Code (720 ILCS 5/16-1).

CHARGE NINE
Violation of Uniform Local Union Constitution--
Breach of Obligation as Member

    Paragraphs 8, 10, and 11 are re-alleged and incorporated herein.

    By reducing the hours on the job of other union members and replacing them on the job with non-union workers, DONATO breached his obligation as a member to refrain from interfering with the proper conduct of the union, in violation of Article III, Section 3, of the Uniform Local Union Constitution.

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CHARGE TEN
Violation of Uniform Local Union Constitution--
Breach of Obligation as Member 

    Paragraphs 9,10, and I1 are re-alleged and incorporated herein.

    By advising management not to cooperate with the union and indicating to management that it would not have to abide by agreements with the union if he were elected business manages, DONATO breached his obligation as a member to refrain from interfering with the proper conduct of the union, in violation of Article III, Section 3, of the Uniform Local Union Constitution.

CHARGE ELEVEN
Violation of LIUNA Constitution-
Failure to cooperate With the Trustee

    Paragraphs 8,10, and 11 are re-alleged and incorporated herein.

    By advising, management not to cooperate with his union, which he knew was in trusteeship, and indicating to management that it would not have to abide by agreements with the union if he were elected business manager, DONATO breached his obligation as a member to cooperate with the trustee in order that the purposes of the trusteeship may be accomplished as soon as possible in violation of Article IX, Section 7, of the LIUNA Constitution.

CHARGE TWELVE
Violation of Ethical Practices Code--Barred Conduct
(Obstructing or Interfering with the LIMA Inspector General)

    Paragraph 12a is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement-namely, that he had not threatened or intimidated two Local 225 members--to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO obstructed and interfered with the LIUNA Inspector General and the GEB Attorney.

CHARGE THIRTEEN
Violation of Consent Decree-Injunction on Obstructing
or Interfering With Persons Appointed Under Decree

    Paragraph  12a is re-alleged and incorporated herein.

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    By knowingly making a false and misleading material statement--namely, that he had not threatened or intimidated two Local 225 members-to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney and the Monitor, DONATO violated the Consent Decree to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control, in violation of the Injunction imposed in paragraph 14 (d) of the Consent Decree.

CHARGE FOURTEEN
Violation of Ethical Practices Code--Barred Conduct
(Obstructing or Interfering with the LIUNA Inspector General)

    Paragraph l2b is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement--namely, his accusation against one of the Local 225 numbers who he had threatened--to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO obstructed and interfered with the LIUNA Inspector General and the GEB Attorney.

CHARGE FIFTEEN
Violation of Consent Decree- Injunction an Obstructing
or Interfering With Persons Appointed Under Decree

    Paragraph 12b is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement-namely, his accusation against one of the Local 225 members who he had threatened-to inspectors employed by the LIUNA Inspector General who would be reporting the results of the interview to the GEB Attorney and the Monitor, DONATO violated the Consent Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control, in violation of the injunction imposed in paragraph 14(d) of the Consent Decree.

CHARGE SIXTEEN
Violation of Ethical Practices Code-Barred Conduct
(Obstructing or Interfering whit the LIUNA Inspector General)

    Paragraph 12c is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement--namely, that he had not committed any theft of materials from job sites--to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC to wit:

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 DONATO obstructed and interfered with the LIUNA Inspector General and the GEB Attorney.

CHARGE SEVENTEEN
Violation of Consent Decree--Injunction on Obstructing
 or Interfering With Persons Appointed Under Decree

    Paragraph 12c is re-alleged and incorporated herein

    By knowingly making a false and misleading materiel statement-namely, that he had not committed any thefts of materials from job sites-to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GM Attorney and the Monitor, DONATO violated the Consent Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control in violation of the injunction imposed in paragraph 14(d) of the Consent Decree .

CHARGE EIGHTEEN
 Violation of Ethical Practices Code-Barred Conduct
(Obstructing or interfering with the LIUNA Inspector General)

    Paragraph 12d is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement--namely, that he had not reduced the hours of some LIUNA members and replaced than with non-union workers--to inspectors employed by the LIUNA Inspector General. who world be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO obstructed and interfered with the LIUNA Inspector General and the GEB Attorney.

CHARGE NINETEEN
 Violation of Consent Decree---Injunction on Obstructing
or Interfering With Persons Appointed Under Decree

Paragraph l2d is re-alleged and incorporated herein-

By knowingly making a false and misleading material statement-namely, that he had not reduced the hours of some LIUNA members and replaced them with non-union workers-to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney and the Monitor, DONATO violated the Consent Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control, in violation of the injunction imposed in paragraph 14(1) of the Consent Decree.

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CHARGE TWENTY
 Violation of Ethical Practices Code--Barred Conduct
Obstructing or Interfering with the LIUNA Inspector General)

    By knowingly making a false and misleading material statement--namely that his employment at Ameri Environmental was not discontinued because he was suspected of theft--to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO obstructed and interfered with the LIUNA Inspector  General and the GEB Attorney.

CHARGE TWENTY-ONE
 Violation of Consent Decree--Injunction on Obstructing
or Interfering With Persons Appointed Under Decree

    Paragraph 12c is re-alleged and incorporated herein.

    By knowingly malting a false and misleading material statement-namely, that his employment at Ameri Environmental was not discontinued because he was suspected of theft- to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney and the Monitor, DONATO violated the Consent Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control. in violation of the injunction imposed in paragraph 14(d) of the Consent Demo.

CHARGE TWENTY-TWO
Violation of Ethical Practices Code-Barred Conduct
(Obstructing or Interfering with the LIUNA Inspector General)

    Paragraph 12f is re-alleged and incorporated herein.

    By knowingly making a false and misleading material statement, namely, that he was not fired from Loyalty Environmental because he improperly had sold asbestos training certificates--to inspectors employed by the LIUNA Inspector General, who would be reporting the results of the interview to the GEB Attorney, DONATO violated the Barred Conduct Section of the EPC, to wit: DONATO obstructed and interfered with the LIUNA Inspector General and the GEB Attorney.

CHARGE TWENTY-THREE
 Violation of Consent Decree-Injunction on Obstructing
or Interfering With Persons Appointed Under Decree

    Paragraph 12f is re-alleged and incorporated herein.

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    By knowingly malting a false and misleading material statement--namely, that he lied in paragraph 14(d) of the Consent Decree.

CHARGE TWENTY-FOUR
Violation of Consent Decree-Injunction on Obstructing
or Interfering With Persons Appointed Under Decree 

Paragraph 13b is re-alleged and incorporated herein.

By knowingly making a false and misleading material statement-namely, that he had not intimidated two Local 225 members -in a deposition taken by a representative of the Monitor's office, DONATO violated the Consort Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent  Decree and those working under their direction and control, in violation of the
injunction imposed in paragraph l4(d) of the Consent Decree.

CHARGE TWENTY-FIVE
Violation of Consent Decree-Injunction on Obstructing
 or Interfering With Persons Appointed Under Decree

Paragraph 13b is re-alleged and incorporated  herein.

    By knowingly making a false and misleading material statement--namely, that he had not committed any thefts of materials from the job site at the Shakespeare School--in a deposition taken by a representative of the Monitor's office, DONATO violated the Consent Decree, to wit: DONATO obstructed and interfered with the work of persons appointed under the Consent Decree and those working under their direction and control in violation of the injunction imposed in paragraph 14(d) of the Consent decree

Respectfully submitted

Steven A. Miller, Monitor

Dated: July 7, 2000

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