By Fax 215-751-9420

Re: Election Protest for Laborers local 5

LIUNA Independent Hearing officer
Attn: Peter Vaira, Esq
Vaira & Riley, P.C.  
1600 Market Street, Suite 2650
Philadelphia, Pennsylvania 19103-7226  

Dear Mr. Vaira:

On behalf of myself and the members of the Laborers Reform Party slate in Laborers local 5, Chicago Heights, Il, I hereby protest the election procedures in local 5 based on the grounds that no notice of the nomination meeting as prescribed by LIUNA’s local constitution , Article VI was given for the nomination meeting that occurred on April 17, 2000.

At the April 3 union meeting, a resolution was passed by the members to the effect that the enclosed document outlining the Rules, Regulations, and Wage Policies for the June election be mailed out with the notice of nomination required under subsection (b) of Section 1 of Article VI which provides as follows:

(b) No less than seven days prior to said nomination Meeting, notice therof shall be mailed to each good-standing member of the Local Union at his last known address, and such notice shall list the offices and positions to be filled and the time and place of such meeting: Some members received the enclosed newsletter three days prior to the meeting.

This newsletter has no prominent notice on the front page about the nomination meeting which is mentioned on the last page. Nor does it mention anywhere that local 5 is entitled to elect 3 delegates to the district council. The document the members voted to send with the nomination notice was not sent to anyone but was available at the meeting. This blatant disregard of what the members voted to be sent with the nomination notice is alone sufficient to schedule a new mailing so all members know of the Rules, Regulations, and Wage Policies of local 5.

The purpose of voting to enclose the document explaining policies and spelling out salaries in yearly figures was to encourage turnout. In the past, members of local 5 were used to receiving a nomination notice that strictly dealt with nominations. No one expected a newsletter to be the vehicle announcing the nomination meeting.

The newsletter suffers the fatal defect of not listing the offices and positions to be filled as required by law and LIUNA’s constitution. LIUNA should not adopt the practice of using newsletters to formally announce nomination meetings and scheduled elections. The newsletter is considered merely a propaganda tool for incumbents by many members and is disregarded as unimportant for that reason.

Please issue an order immediately to local 5 that the aforesaid document be mailed via first class mail with a nomination notice that clearly states all the offices and positions to be filled and the time and place of the new nomination meeting. Please issue an order immediately to hold another nomination meeting so that the two contending slates and others interested in nominating candidates can fully participate in a nomination meeting that complies with law and constitutional requirements.

Attached for your information is some background on the election in local 5, an election I want to be the best and most democratic for a local that has not had a contested election in more than 40 years because of organized crime’s control. Please be aware that I intend to exhaust my remedies within the union and file a complaint with DOL-OLMS as I did for the members of local 423 in Columbus, Ohio to eliminate ex-felon Murphy in the event a new nomination meeting is not scheduled that complies with law and LIUNA’s constitution.

James William McGough
Laborers for JUSTICE, Director
Member in good standing, local 5

cc: LIUNA GEB Attorney
LIUNA Inspector General
Court Monitor-Chicago District Council
US. Attorney-Chicago
FBI Chicago