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OFFICE OF THE INDEPENDENT HEARING OFFICER
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

ORDER

        This Order addresses the protest filed by Thomas A. Pancini (Pancini) concerning the disqualification of Pancini from running for Business Manager in the June 3, 2000 Laborers' International Union of North America (LIUNA) Local Union #81 officer election in Valparaiso, Indiana. The IHO appointed an investigator who conducted interviews at the union and the workplace of the protestor.

        Based upon the report from the investigator, the protest of Pancini is denied. The IHO finds that Pancini consistently acted in a management role including supervising LIUNA and other union personnel on the job with the power to recommend hiring, firing and disciplining of persons serving under his supervision.

         The IHO will issue an order and memorandum within the next 10 days detailing reasons further supporting the IHO's decision. Today's order is final. The electron should proceed.

        This decision was based upon the investigator's report, and was not influenced in any respect by the comments of Local 81 professional personnel about the investigator's knowledge of the industry.

        The IHO notes that the investigation has disclosed that one candidate for auditor is also classified as a supervisor. Although there is no protest lodged concerning this candidate's qualifications, the Judges of Election are directed to reexamine that candidate's qualifications in

light of today's decision. The LIUNA Ethical Practices Code cannot permit a double standard for election qualifications, notwithstanding an absence of a protest. The successful election to office of the candidate will not prevent a review of the candidate's qualifications by the IHO.

PETER F. VAIRA
INDEPENDENT HEARING OFFICER

Date: May 19, 2000

Local #81
Thomas Pancini J

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Jim McGough, Director, Member LIUNA local 2, former member of local 5
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