OFFICE OF THE INDEPENDENT HEARING OFFICER

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

In re Trusteeship Proceedings ) No.____
Local 225 )

COMPLAINT FOR TRUSTEESHIP

Pursuant to Section 3 of the LIUNA Ethics and Disciplinary Procedure and Article IX Section 7 of the LIUNA Constitution, and after reviewing evidence that the Inspector General has acquired during his investigation of Local 225, the GEBB Attorney has determined that trusteeship of Local 225 is necessary to achieve the constitutionally enumerated purposes set forth below

In support of this determination, the GEB Attorney states as follows:

BACKGROUND

Laborers' Local 225, located in Des Plaines, Illinois, consists of approximately 2000 members. Local 225 members are employed in a variety of businesses, including asbestos removal, lead abatement, mattress production, and security services.

The current Business Manager is John W. Galioto. The President, Joseph P. Abate, is suspended and currently under indictment. The other officers are: Daniel M. Dumo, Secretary-Treasurer; Joseph L. Donato, Recording Secretary, James Santeramo,Jr., Vice-President; Leonard Noble, Executive Board; and Cornelius Williams, Executive Board.

Local 225 today finds itself in need of independent supervision for at least three independent reasons; undemocratic practices, financial malpractice, and corruption.

The democratic rights of all union members are identified in 29 U.S.C. Section 411. They include the right of full and fair participation in union elections and union meetings, and full rights of speech, dissent, and assembly. LIUNA's internal code, the Ethical Practices Code and the Ethics and Disciplinary Procedure, articulate these rights further:

"LIUNA's traditions, its Constitution, and federal law all protect the democratic rights of LIUNA's members to participate fully, without fear, abuse, or intimidation in all Union affairs....

Each member shall be entitled to a full share in Union self-government. Each member shall have full freedom of speech and the right to participate in the democratic decisions of the Union. ... Each member shall have the right freely to criticize thee policies and personalities of Union officials...

Local union membership meetings ... shall be conducted in an atmosphere of fairness."

Ethical Practices Code, Democratic Practices Section.

The current officers of Local 225 have failed to afford the members these basic rights. For example, former Executive Board member Mary Williams was offered a bribe to step down from the Board, and then shouted down by the Business Manager, John Galioto, when she attempted to raise this issue with the Executive Board. Her exercise of democratic rights was further penalized as she was subjected to an unannounced literacy test, harassed, and ultimately charged with a disciplinary charge by a number who is a relative of Business Manager John Galioto.

In addition, the financial assets of the union are at risk. The Inspector General's investigation has revealed a disturbing pattern of expenditures, including unauthorized personal expenditures, excessive restaurant and entertainment charges, and numerous charges for which backup documentation was not on record.

With respect to meals, the investigation has revealed an extraordinary number of meals have been charged to the union by certain officers. For example, prior to his suspension due to his indictment for syndicated gambling, President Joseph Abate took approximately the following number of meals which were charged to Local 225 during 1997:

January30
February24
March15
April17

Executive Board member Leonard Noble took approximately the following
number of meals which were charged to Local 225;

January43
February25
March22
April36
May42
June38
July52

Business Manager John Galioto took approximately the following number of meals which were charged to Local 225:

January_36
February22
March9
April27
May35
June30
July42

Those three individuals account for a significant percentage of Local 225's credit card expenses. The union's officers have spent more than $33,000 on meals so far in 1997.

Credit card expenses have more than doubled when comparing the first nine months of 1996 to the first nine months of 1997. The financial abuse of Local 225 has not been limited to restaurant charges. For example, Business Manager John Galioto recently charged the union over $1,000 for a replacement briefcase. He further charged the union for airfare and hotel stays with his former girlfriend, Jennel Totani, who was employed at Local 225 until her relationship with Galioto ended. The latter charges with Ms. Totani were inconsistent with the policies of both Local 225 and the International

Finally, pursuant to Uncle IX, Section 7 of the LIUNA International Constitution, it is necessary to impose a trusteeship on Local 225 to combat corruption. Joseph Mazza, Business Manager from 1985 to 1995, was a made member of organized crime. The current Business Manager is the nephew of mob underboss James Marcello and mob member Michael Marcello and has engaged in financial transactions with convicted racketeer and Chicago outfit boss Sam Carlisi. Moreover, the current Business Manager and suspended President have engaged in barred conduct and racketeering activity, in the form of illegal bookmaking and gambling. Finally, the union's officers have not responded appropriately to credible allegations of misconduct and organized crime influence raised by the membership. Indeed, the Business Manager has expressed hostility to those members of LIUNA, both inside and outside of Local 225, who have attempted to bring these forms of corruption to light or to investigate them.

COUNT I

RESTORING DEMOCRATIC PRACTICES

In light of the facts set forth above, the GEB Attorney has formed an opinion that it is necessary to place Local 225 under supervision for the purpose of restoring democratic practices of the union and guaranteeing the statutorily protected rights of the union members to speak out, to raise matters of importance to the Executive Board and question the actions of its leaders.

COUNT II

CORRECTING FINANCIAL MALPRACTICE

In light of He facts set form above, the GEB Attorney has formed an opinion that it is necessary to place Local 225 under supervision for the purpose of correcting financial malpractice, in the form of improper charges against the union's funds, excessive meal and entertainment expenses, undocumented charges, and spiraling discretionary costs.

COUNT III

CORRECTING CORRUPTION

In light of the facts set forth above, the GEB Attorney has formed an opinion that it is necessary to place Local 225 under trusteeship for the purpose of correcting corruption. Local 225 is corrupt in its ties to organized crime in Chicago, the racketeering activities of its Business Manager and suspended President, and its suppression of the exercise of democratic rights. The failure to conduct any meaningful investigation into these allegations speaks to a tolerance of corruption that is unacceptable.

Wherefore, the GEB Attorney respectfully requests that, upon due notice and hearing, the Independent Hearing Officer impose a temporary trusteeship on Laborers' Local 225.

Respectfully submitted,

s/Robert D. Luskin

Robert D. Luskin

GEB Attorney

Robert M. Thomas, Jr.

Office of the GEB Attorney

Date: November 14, 1997.


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