Laborers for JUSTICE
55 S. Northwest Highway
Palatine , Il 60067
847-202-3838 (Phone)
847-202-4809 (Fax)
email jimmcgough@super-highway.net 

1/12/99

Via e-mail

LIUNA Independent Hearing Officer/ Election Officer vairiley@aol.com

Peter Vaira, LIUNA Independent Hearing Officer

Robert Luskin, LIUNA GEB Attorney rdluskin@msn.com

Via fax

Jack Graczyk, DOL-OLMS-Cleveland (216) 522-3855(phone) (216) 522- 4125 (fax)

David Buvinger, AUSA (312) 353-1110 (Phone) (312) 886-0657 fax

 Interested parties 

Re: Absentee ballot provisions for special election in LIUNA 423

Dear Mr. Vaira:

On behalf of Tim Dowlin, 30 year member of LIUNA local 423, other members of Local 423, and members of Laborers for JUSTICE, I am hereby requesting that you issue an order to DOL-OLMS informing them that under the LIUNA Election rules, LIUNA's constitution. and LIUNA's purported avowal to provide free, fair, and honest elections, it is all together fitting, proper, just and necessary for DOL-OLMS to issue absentee ballots to any eligible member for whom it would be inconvenient to travel to the polling place to cast their ballots on January 30, 1999. January 30, 1999 is exactly 17 days after the scheduled nomination meeting tomorrow, January 13 and only 3 days more than the legally required minimum and insufficient time to prepare absentee ballots for the members that live in 6 Ohio counties, covering a range of 135 miles. 

As the legally designated representative of LIUNA members that can not afford to hire attorneys to obtain justice , I expect to be shown the same courtesy your office typically extends attorneys licensed to practice law. Please send me via fax and email copies of any and all papers your office has relating to the election protests in 1996, all election rulings your office has issued (promulgated) to date, and any and all correspondence between DOL and your office on this matter. If there is to be a cost associated with your office providing LIUNA members information essential to their right of self governance, send me the bill too in the event LIUNA does not want to pay for it . 

Page 13 of the 1996 Election Rules, Article 4, section e, subsection 4  provides as follows: 

e) the notice shall state, with respect to the election: ,

4.)an explanation of absentee voting procedures available to those members unable to vote in person due to work, travel, health or other constraints. 

The members of the executive board of LIUNA 423 were not completely honest in responding to DOL-OLMS personnel questions on whether or not LIUNA permitted absentee ballots, providing self serving misstatements that have tainted the election. A complete mail in ballot is the preferred method and that is in your discretion to order under the rules. As a legitimate, concrete sign that LIUNA is serious about reform and wants to have free, fair, honest elections, you are hereby requested to order a complete mail in ballot, conducted under the auspices and complete control of DOL. In the event you elect not to do so, please consider this a formal election complaint under the rules that the special election tentatively scheduled for January 30, 1999 is not free, fair, honest and not in accordance with law and/or LIUNA rules and regulations.  

This letter and all responses thereto will be made available to the members via the web sites I am providing as a public service to LIUNA, DOJ, DOL-OIG on https://members.tripod.com/jimmcgough/default.htm. as well as others. It would be very helpful to the cause of honest elections if you would provide me with electronic copies of any and all election rulings for web publication to the members via authorized passwords. 

As a matter of public record, Laborers for JUSTICE state uncategorically that the integrity of the members of LIUNA's reform team (GEB Attorney, Independent Hearing Officer, Appellate Office, Inspector General) should not be questioned. We question, however, how dedicated these appointed, non-elected personal are to the concept and practice of "union democracy". This request will provide you an opportunity to demonstrate conclusively that you fully support the concept and intend to maker it established LIUNA practice. 

As the over whelming majority of business communication is now done via e-mail and as LIUNA is under an obligation to utilize modern business practices, I would prefer and expect that all communication on this matter and future matters be handled via the internet. If you would like my digitally encrypted signature to assure your office of the authenticity of my communications, I will be happy to oblige and request the same from you. Via the internet, we would  have unconvertible evidence that our communications are both delivered and downloaded for perusal.(better, faster, cheaper than return receipt requested) Like you, I too am under an obligation to minimize expenses. Unlike you, however, I don't get paid to establish justice. I do it pro bono. 

A copy of this letter is being faxed to DOL-OLMS pending receipt of an e-mail address for future communications.

Laborers for JUSTICE

James McGough