Laborers for JUSTICE © 2000 Not for republication on the internet. The webmaster of Laborers.org has been requested to link to this site so that members can receive accurate information. First draft-not complete yet.

• Officer ineligible to hold office due to meeting absences not excused by Executive Board  

• Conflict of Interest - Attorney representing local union could not  undertake simultaneous representation of officers of same local   charged with disciplinary violations                

• Reliance on Advice of Counsel as Defense - To properly raise defense of  reliance on advice of counsel member must demonstrate he clearly  informed attorney of all facts involved and that attorney advised him   to  take particular course of action; incumbent on person raising defense   to  present all necessary facts on the record   

• Work Product - GEB Attorney Reports - GEB Attorney reports to Department of Justice under peculiar circumstances of LIUNA Settlement Agreement constitute attorney work product; material mostly opinion work product; requestor must make extraordinary showing of need to obtain those reports

• Ballot Instruction - Election rerun where evidence showed local union failed to provide safeguards to ensure a fair election by giving inadequate instructions to voters on use of ballot and use of ballot in voting machine.

• Lost Ballot - One missing ballot could not have affected outcome of election

• LCN - Association with LCN members--Extensive discussion of association being more than fleeting or casual
• LCN - Extensive findings on history and operation
• LCN - Knowing association discussed at length
• LCN - Relationship to union - LCN membership must be directly or indirectly related to affairs of union; extensive description of the meaning of directly or indirectly related to the affairs of the union.
• Previous Conviction - Where GEB Attorney has shown member previously convicted of racketeering offense, member estopped from challenging underlying truth of allegation he committed racketeering offense

• De minimis insulting or embarrassing behavior at meetings, even if 96-89TB
  intentional, not a cause for discipline but sustained course of conduct of
  continued insults may be the subject of trial board charges

• Members in good standing have right to inspect Business Agent report,  take notes, and under reasonable circumstances make copies

• Business Affairs of Local - Failure to ensure business affairs of local union properly conducted is violation of Constitution Article 4, Section 4(e) and proven where conduct of employees or other officers so open and notorious that Business Manager, once on notice of behavior held responsible for its continuance; proof of violation requires evidence to be open and notorious to such extent that Business Manager knew or should have known of existence and was of such nature to materially affect rights of members in operation of local union; Business Manager's honest mistake of judgment or lack of skill not a violation

• Mailing of Campaign Literature - Use of outside mailing company permitted where available to all candidates
• Union Facilities - Use of union computers and copier machines to aid campaign of union officer; evidence indicated use of union facilities very minor and not done by candidate; under circumstances no just cause existed to punish member for his actions
• Vacation - Campaigning while on previously authorized vacation time 96-78P
  permissible

96-78P

• Records - Member in good standing has right to inspect dispatch records 
• Right of Inquiry - Refusal to dispatch union employee due to member questioning dispatch policies constitutes unfair labor practice in violation of 29 U.S.C. 158

• Local union may vote to have less than full allotment of delegates to 
  district council provided vote takes place prior to nominations and local
  union is afforded some representation at the district council

• Dues Increase - Increase appropriate where increased properly authorized by Constitution but deferred by Local through dispensation from International Union, especially where membership had opportunity to voice disagreement to lifting of dispensation
• Timely Payment - Officer may not reinstate members without penalty for late payment of dues; 1996 International Convention amended Constitution to provide automatic suspension upon failure to pay dues on time

96-92TB

• Candidate's talents and skills to hold office are attributes to be decided by membership during election process; allegations member unskilled in conducting meetings not grounds for disqualification
• Improper Use of Union Position/Pension Fund Distribution to Influence Election - Election rerun where Business Manager who was running for election was also chairman of pension trust fund; as chairman of trust fund, Business Manager had distributed 13th pension fund check to retirees on two successive election years and issued campaign literature after each instance taking credit for helping members get 13th check

96-51P

• Embezzlement/Misappropriation of Union Funds - IHO adopts totality of  circumstances test to determine whether member violated 29 U.S.C. 501(c) regarding embezzlement or misuse of union funds

• Violations of EDP not automatically excused by declination of prosecution by United States Attorney, LIUNA has separate duty to determine if action should be brought for violation of officer's fiduciary duties

• Reimbursement of Executive Board members at different rates for Executive Board meetings attendance inappropriate; appropriate remedy to set rate in accordance with what member would have received for work at own particular job site

• Record indicated expert did not have sufficient factual basis to conclude 
  asbestos removed from premises weighed more than 1,000 pounds

• Under the circumstances, member not given fair notice of nature of charge 
  brought against him

• Disciplinary charges may not be filed against member for filing civil lawsuit against union officers without exhausting internal union procedures as required by Article 16, Sections 2, 3, and 4 of the International Constitution; Article 16 was intended to serve a standard of exhaustion of remedies in civil litigation, not intended as disciplinary provision

• Violation of a Felony Under State Law - GEB Attorney failed to prove  member committed felony by releasing more than 100 gallons or 1,000 pounds of asbestos to the environment; evidence did prove misdemeanor violation of same statute, release of less than 1,000 pounds

• Right of free speech in union context generally defined by labor bill of rights, LMRDA, and LIUNA Ethical Practices Code; the EPC clearly states that member's right to free speech and assembly must never obstruct lawful operation of union

• Executive Board - Officer has right to express honest, even forceful,  opinions at Executive Board meetings

• Takeovers - Taking over union hall and attempting to run local union  against wishes of management not protected speech

• Disability - members qualifying for disability exception to working at the calling must continue paying dues during disability; Article V section 4 (e) disability exception does not apply to Article V section 1, payment of dues

• Dues Arrearage at Rerun - Candidate was not in good standing where he was in arrears in dues payment at time of rerun election although he was in good standing at time election was originally run.

• Initiation fees - Two Year Membership Requirement--ULUC makes initiation fee payment a requirement for membership, fact that member paid monthly dues did not alter requirement; member properly disqualified as not full member for failure to pay initiation fee two years before nomination for office.

• Hearsay admissible in labor arbitrations but must be reliable hearsay;  circumstances indicated an investigator-related testimony of person who simply refused to be identified, not reliable hearsay and not considered

• Holiday Closing - no provision in LIUNA Constitutions or Southern California Master Labor Agreement addressing discretionary closing of hiring hall the day after a holiday; no provision in documents to indicate discretion vested in Executive Board to regulate operation of hall; due process satisfied by disclosure at regular membership meeting

• Questioning Policy - Refusal to dispatch employee because employee questioned dispatch policy is an unfair labor practice and a violation of National Labor Relations Act

• Records - Refusal to permit member opportunity to inspect dispatch records violation of Constitution Article 3, Section 2(a)

• Records - Refusal to permit member to take notes from the hiring hall dispatch records was a violation of Constitution Article 3, Section 2(a)

• Violation of Rules - Evidence failed to indicate violation of hiring hall rules

• Violation of Rules - Evidence indicated various violations of hiring hall rules

• Violation of Rules - Numerous charges alleging violations of hiring hall rules dismissed because GEB Attorney failed to prove exact rules in existence at time and there was no method to determine exceptions to hiring hall rules were valid; member's claim that local operated out-of work list in discriminatory manner unsubstantiated

• Improper Use of Union Bulletin board - Placing notice on bulletin board in union hall inviting members to join in class action suit against several other opponents in campaign was improper use of union hall bulletin board

• Local Union Office - Secretary improperly campaigned by posting signs  in office in support of the business manager who was also a candidate.

• Local Union Telephones to Promote Election Campaign - Business Manager admitted placing 51 telephone calls made after business hours evening before election from union hall but stated he only asked persons to vote rather than to vote for him; use of union telephones violation of LMRDA and improper election campaign tactics; although calls could not have affected election outcome, Business Manager ordered to pay back cost of 51 telephone calls

• Proximity to Poling Station - New election granted where evidence showed Business Manager campaigning for re-election violated local union rules regarding campaigning near the polling station; evidence indicated Business Manager parked his vehicle directly in front of entrance and greeted persons coming to polling station and was also videotaped standing adjacent to polling station door; other candidates were required to park their vehicles half a block away and were prohibited from getting near polling station; EPC violation

• Suspended Officer - Election re run where Business Manager suspended from office but still ran and continued to campaign for himself and his slate

• Suspended Officer - Although suspended from office, Business Manager  continued to offer jobs in return for votes and to threaten those who might run against him

• Campaign participation - Judges should not be involved in campaign process and must avoid appearance of impropriety; while Judge's campaign letter written prior to selection as Judge improper, no effect on election outcome

• Campaign participation - Although inadvisable, Judge's actions in attending campaign rallies and strategy session of candidate did not substantially affect outcome of election

• Improper Instruction - Election ordered rerun where evidence disclosed a  Judge of Election instructed members how to vote in a manner which gave one particular candidate an advantage

• Evidence that union officers prevented fair hearing of charges brought by  member by presenting altered documents and giving false testimony was a violation Constitution Article 3, Section 2

• Allegations in complaint indicated sufficient notice and factual background were provided to respondent District Council and no need for any further disclosure

• Deposition - Refusal to appear for deposition conducted by GEB Attorney  constitutes obstruction and is barred conduct

• Failure to Notify Attorney - Member found guilty of obstruction of a GEB investigation for failure to appear at an interview; member at fault for not relaying messages regarding scheduling to his attorney; member's responsibility to ensure his attorney is informed and not saddle GEB or IG with burden of keeping up with busy attorney

• Retaliation for Cooperation - Evidence indicated Business Manager terminated field representative in retribution for cooperation with GEB Attorney; Business Manager may terminate field representative at his pleasure as long as unrelated to cooperation of field rep with GEB Attorney; Business Manager's termination of field rep violated Ethics and Disciplinary Code

• Interview - Refusal to submit to IG interview constitutes barred conduct 

• Violation of Duty Under Ethical Practices Code - Officer did not serve the  best interest of his members by overseeing members on a job without proper asbestos protection

• Parallel civil or criminal proceedings regarding same activity as charges filed in LIUNA disciplinary matter not a bar to IHO proceedings on disciplinary charges

• Business Manager's action in threatening member for exercising democratic right to speak freely at union meeting violation of Democratic Practices provision of the EPC and unfair labor practice under 29 U.S.C. 158

• Members entitled to participate in union meetings without being upbraided in public

• Business Manager's statement regarding actual membership number of members in local should be given high degree of credibility in determining whether to cancel meeting due to lack of quorum

• Polling Stations/Hours, - Local union cannot limit polling stations and voting hours based upon claim of lack of fiends.

• Polling Stations/Hours - Election ordered rerun where only single polling station entire geographic area and polling time limited to single eight hour period on a workday malting it impossible for certain members to reach polling stations during polling hours

• Members not afforded reasonable opportunity to vote; in regular and past  elections five voting stations had been available and balloting held over two-day period, while an election under protests voting was held on only one day, voting took place at only one location, and that location had less voters than three of unused polling stations

• Under circumstances of evidence presented it was held that, retired  Business Manager was ineligible to hold office

• Secretary-Treasurer did not obtain formal Executive Board approval for monetary transfer of funds, however, evidence indicated approval was obtained informally at an informal meeting; while a technical Constitutional violation proven, no just cause for punishment or penalty

• Voting by one member who should have been suspended did not affect outcome of election

• Hearing in Progress - Because trusteeship hearing of district council was open to all district council delegates, IHO granted GEB Attorney motion to provide members of unions belonging to district council opportunity to read daily transcript of proceedings at certain locations, on condition that no transcript be copied

• Union employee who is not a LIUNA member cannot be charged under trial board procedures

• Emergency Trusteeship Warranted - Facts presented showed problems with district council's failure to maintain appropriate relationship with fringe benefit funds, mishandling of local union books and records, and improper charging of expenses to district counsel by district counsel officials

• Factors Indicating Need for Trusteeship - Trusteeship granted when evidence disclosed Business Manager and other officers undertook massive illegal effort to transfer membership from LIUNA to a non affiliated entity and health funds were improperly transferred to other entity

• Factors Indicating Need for Trusteeship - Inadequate union representation  in field; average membership 130, lower than 150 suggested by International Constitution as minimum for local union operation; failure to hold monthly membership meetings due to lack of quorum
  

• Factors Indicating Need for Trusteeship - Minutes of membership meetings unclear and unsigned by Recording Secretary; insufficient insurance on office space; failure to issue official receipts for revenue collected; improper payroll tax deposits, improper maintenance of checking account balances; failure to reconcile checkbook with bank statements; and delinquency in per capita tax payments to International Union

• Factors indicating need for trusteeship - Financial instability, failure to pay per capita tax; deceptive actions by Business Manager to impede investigation by International union; failure to hold membership meetings; failure to properly distribute membership cards; failure to provide hiring hall; violation of re-affiliation agreement by entering into collective bargaining agreements beyond jurisdiction
  

• Factors indicating need for trusteeship - Failure to pay per capita tax, obstruction of audit, failure to hold membership meeting for 18 months, failure to organize local construction firms, failure to represent existing bargaining units, inadequate administrative and financial practice, checks issued using signature stamp, no insurance on union hall

• Candidate may not be his own watcher

• Member properly disqualified for not working at the calling as required prior to rerun election despite having been working at the calling prior to original election

• Roll Call - Member must appear in person at roll call to be registered on out of work list; failure to register on list resulted in disqualification for not working at the calling

Laborers for JUSTICE© 1999 All Rights reserved
Jim McGough, Director
2615 W Peterson Av
Chicago, Il 60659
773-728-2326(tel)
630-604-4496 (Fax number)