U.S. Department of Labor	Employment Standards Administration Office of Labor Management Standards
(216) 522-3855 DEC 15 1998	Room 83 1, Federal Office Building 1240 East Ninth Street Cleveland, Ohio 44199
Mr. Robert McCaskill, Business Manager
Laborers AFL-CIO, Local 423 620 Alum Creek Drive
Columbus, OH 43205
Dear Mr. McCaskill:

This will set forth the election procedures established at the Pre Election Conference held December 8, 1998 at 5:00 p.m. at the Laborers LU 423 union hall. Pursuant to a voluntary agreement between the Laborers LU 423 and the Department of Labor dated November 6, 1998, Local 423 will conduct new nominations and election for the office of Vice President under the supervision of the Department of Labor. The office of Delegate to the District Council (two positions) will also be run in conjunction with the supervised election for the office of Vice President as a result of an order dated December 4, 1998 from Peter Vaira, Laborer's Independent Hearing Officer.

1. The entire election proceedings for Vice President will be supervised by the-Department of Labor. No action with respect to these proceedings will be undertaken by anyone without the prior approval of a Department of Labor representative.

2. The term of office will commence with installation at the Local's regularly scheduled membership meeting on February 10, 1999 and will end in June 2001.

3. Nomination meeting notices will be mailed to the membership on December 29, 1998 and also posted on the union hall bulletin board.

4. The nomination meeting will be conducted on Wednesday, January 6, 1999 at 7:00 p.m. at the union hall.

5. Candidates must be present at the nomination meeting to accept their nomination unless excused pursuant to Article VI Section I (f) of the Laborers constitution. Self nomination is not allowed.

6. Nominations will be recognized from the floor by raising of the nominator's hand. All those desiring to make a nomination will be given the opportunity to do so.

7. To be eligible for office, a member must met the eligibility requirements of Article V of the Laborers Constitution and Section 504 of the Labor-Management Reporting & Disclosure Act of 1959 as amended (LMRDA).

8. Candidates will be screened by the Judges of Election on Saturday January 9, 1999 from 11:00a.m. to 1:00 p.m. Candidates are required to appear unless excused for reasons set forth in the nominations section, Article VI, Section 2 (c) of the Laborers constitution. lf no candidates are found eligible for any contest, new nominations will be held during the regular scheduled meeting on January 13, 1999.

9. The Notice of Election will be mailed to all members on January 13, 1999 and also posted on the union hall bulletin board.

10. The election will take place on Saturday, January 30, 1999 at the union hall during the hours of 6:00 a.m. through 6:00 p.m.

11. The election will be conducted by paper ballot. The positioning of the names on the ballot will be accomplished by a random drawing by the Election Committee. The ballots will be printed by a commercial printer.

12. No write in candidates will be allowed.

13. A tie vote will be resolved by a coin toss by the Election committee.

14. The tally will take place immediately following the election.

15. Candidates may have observers present at all phases of the election.

16. Every bona fide candidate will be permitted to examine the local's membership list which will include the name and last known address of each member at least once thirty (30 ) days prior to the election.

17. In accordance with Section 401(g) of the LMRDA, no union or employer funds shall be used to promote the candidacy of any person in the election.

18. Campaign literature will be mailed by the local union at the request and expense of each candidate.

19. Campaigning on the day of the election cannot be closer than 100 feet from the polling place.

20. Any member in good standing may protest the supervised election for the office of Vice President to the Department of labor for valid cause, in writing, at any time before, during or within ten days after the election. Any protest of the delegate constitution must be in accordance with the provisions outlined in the Laborers constitution.

Sincerely,

s/Jack Graczyk
Jack Graczyk

Election Supervisor

cc All interested parties

`ROBERT McCASKILL`Business Manager		`JAMES H. GREEN`Secretary-Treasurer		`HANK RUPPEL` President
LABORERS' INTERNATIONAL UNION of North America AFFILIATED WITH AFL-CIO				Patrick Murphy, Vice President Lynol Thompson, Recording Sec'y John Rogers, Auditor Deborah Washington, Auditor James Hudson, Executive Board Donald Haynie Executive Board Raymond Price, Sgt. at Arms
320 ALUM CREEK DRIVE COLUMBUS, OHIO 43205				NEWARK OFFICE 34 N. 4th St. Newark, OH 43055 740/345-4910
TEL. 614/252-1093		800/245-1093	FAX 614/252-6909

		NOTICE
TO:	ALL MEMBERS OF L.I.U.N.A., LOCAL 423
FROM:	L.I.U.N.A., LOCAL 4323
RE:	NOMINATION MEETING
DATE:	DECEMBER 29,1998
Dear Brothers and Sisters:
Pursuant to a voluntary Agreement between Laborers' Local 423 and the Department of Labor, Local 421 will conduct new nominations and election for the office of Vice President under the supervision of the Department of Labor. The Office of Delegate to the District Council (two positions) will be run in conjunction with the supervised election of Vice President as a result of an order from the Laborers' Independent Hearing Officer. A meeting will be held on January, 6- 1999 at 7 00 p.m. at the Local Union hall, 620 Alum Creek Drive Columbus- Ohio for the purpose of nominating candidates for the term of office that will commence on February 10, 1999 and end in June 2001. Nominations will be in order for: Vice President Delegates to District Council (2) Qualifications for office are set forth in the Local Union Constitution, Article V. Salaries and compensation for each office will be the same as currently set. Candidates will be screened by the Judges of Election on January 9, 1999 from 11:00 a.m. through 1:00 p.m. If no candidates are found eligible for any contest, new nominations will be held during the regularly scheduled meeting on January 13, 1999. Fraternally and Sincerely, s/James H. Green James H. Green Secretary-Treasurer JHG/h

The Columbus Dispatch

Thursday

DECEMBER 10, 1998

SECTION C

Feds order

union local

to hold new

vote for VP

Officials say the winner's felony record
makes him ineligible to hold office In the group,
which represents central Ohio construction
workers.

By Lornet Turnbull

Dispatch Staff Reporter

The federal government is ordering a new election at a Columbus union local, saying its new vice president's felony conviction 14 years ago makes him ineligible to hold office.
The U.S. Department of Labor will supervise the Jan. 30 vote at Laborers' International Union of North America Local 423,which represents more than 1,400 central Ohio construction workers.
This summer, members elected Pat Murphy to the No. 2 position. Murphy also won the local's delegate seat on the district council, a body of union representatives. That race also will be repeated.

"This is just another sorry chapter in the history of this local," said Joe Motil, one of the candidates for the district council seat.
Motil, who lost a bid last month to unseat E J. Thomas in the 27th District for state representative, said he has not decided if he'll make another ran for the union position in January. "I want to continue to work as a reformer in our union and do what I can," Motil said.

In 1984, officials say, Murphy was convicted of second-degree robbery and spent nearly two years in prison - a claim his opponents tried to make but couldn't substantiate during the election campaign.
The conviction meant Murphy, under federal law, was ineligible to hold office until 1999

Local 423 officials declined comment yesterday. Murphy who has since vacated the position, could not be reached. His problems are the latest for Local 423 and add to the troubled history of the 450,000-member international union which has been under government scrutiny since 1995, after a Justice Department probe uncovered corruption and racketeering. An independent hearing officer was appointed to help settle internal disputes - ranging from election matters to charges of wrong
doing.

"It's unfortunate that we've been under supervision of trusteeships for it the last 20 years and now something like this has occurred," Motil said,

Over the years, Local 423 has faced a variety of problems, which caused it to be placed under trusteeship of the international union. During trustee ships, the local officers were replaced temporarily. Concern about Murphy's eligibility or office initially was raised by Darryl Smoot, who opposed Murphy for the district council seat. He had filed a complaint with the hearing officer, saying Murphy was a felon.

The hearing officer, Peter F. Vaira, an attorney based in Philadelphia, said his office was unable to substantiate the claims, arid the protest was later withdrawn. "We went through all the grounds," he said. "This information never got in
front of us. It didn't jump out at us." Vaira said another protest was filed with his office, which was investigated by the Labor Department Its labor management division has authority to investigate and rule on union elections and other union matters. ,
Jack Graczyk, supervisor investigator at the Cleveland offices of the Labor Department; said he could not discuss details of the investigation. He did confirm the department has ordered a new election to decide the vice president's race.