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INVESTIGATIONS OFFICER	)
Claimant,	)
v.	)  DECISION OF THE MONITOR
JOHN F. DUFF, III	)
a/ka JOHN F. DUFF, JR.	)
a/k/a JACK DUFF	)
Respondent.

____________________________________

 

 

         This decision emanates from the voluntary settlement in the action filed by the plaintiff, United States of America (the “Government”), under the Civil Racketeer Influenced and Corrupt Organizations provisions of the Organized Crime Control Act of 1970, Title 18 U.S.C., §§ 1961, et seq., (“RICO”), against defendants, Hotel Employees and Restaurant Employees International Union (“HEREIU”), and the HEREIU General Executive Board (“GEB”) embodied in the voluntary consent order entered September 5, 1995 (the “Consent Decree”).

         As part of the Consent Decree, the defendants acknowledge that, historically, the HEREIU and certain of its constituent entities have suffered from an externally induced corruption problem.  The Government and the defendants agreed that within the HEREIU:  (1) any vestiges of an externally induced corruption problem should be eliminated; (2) union democracy should be promoted and protected; (3) integrity in every aspect of the HEREIU’s operations and its constituent entities should be fostered; and (4) the entire membership should be fairly represented.

The Consent Decree’s remedial objective is that the HEREIU and its constituent entities be free from the direct or indirect influence of any organized crime group (“OCG”) or threat of such influence now and in the future.

         The Government and the HEREIU agreed to the appointment of a Court-Appointed Monitor (the “Monitor”) and conferred broad power upon the Monitor to achieve the Consent Decree’s remedial objectives.  The Consent Decree grants the Monitor, inter alia, the right and power to remove, suspend, expel, fine, or forfeit the benefits  (with the exception of vested employee retirement benefits subject to Title I of the Employee Retirement Income Security Act -- Title 29 U.S.C., § 1001, et seq.) of any officer, representative, agent, employee, person holding a position of trust or member in the HEREIU and its constituent entities when such person engages or has engaged in actions or inactions which:  (i) violate the injunctive prohibitions of the Consent Decree; (ii) violate any criminal law involving the operation of  a labor organization or employee benefit plan; or (iii) further the direct or indirect influence of any OCG or the threat of such influence now or in the future.

         In order to discharge his disciplinary duties, the Consent Decree grants the Monitor the same rights and authority as the HEREIU General President, the HEREIU GEB, and any other HERE representative, as well as full authority derived from any and all provisions of law.

         When exercising his disciplinary authority, the Consent Decree requires that the Monitor provide the respondent(s) with written notice of the charges and an opportunity to be heard.  In this instance, the charge was served on John F. Duff, III, a/k/a John F. Duff, Jr., a/k/a Jack Duff (“J. F. Duff, Jr.”) via certified mail on or about October 19, 1997.

         My October 16, 1997, letter to J. F. Duff, Jr., accompanying the charge informed him that he had twenty (20) days to file an answer and request a hearing on the charge.  IX1A. 

Mr. Duff failed to file an answer and did not request a hearing on the charge.  On November 14, 1997, Mr. Duff’s attorney, James R. Streciker, wrote the Investigations Officer and indicated that Mr. Duff did not intend to respond to the charges.  IX1B.

         I have deferred issuing a decision on the charges against J. F. Duff, Jr., until now in order to complete investigations and proceedings relating to other HERE Local 1 employees and/or International Organizers (“IO”) assigned to HERE Local 1.

I.  THE CHARGES AGAINST THE RESPONDENT

         The Investigations Officer, for his charges, alleged that Respondent J. F. Duff, Jr.:  (1) knowingly associated with members and/or associates of organized crime from at least 1986 until the present; (2) embezzled HEREIU monies by causing the payment of salary to himself as a full-time employee of the HEREIU during the period from at least January 1, 1992, until December 15, 1996, when, in truth and fact, he performed no meaningful services for the HEREIU; (3) caused false statements and entries to be made in his organizer weekly reports (“OWR”), namely, that he was visiting HERE Local 1 in Chicago, Illinois attending staff meetings with regard to current projects in Chicago, or working in the HERE Local 1 office with regard to current projects when, in truth and fact, he performed no meaningful services for HERE Local 1 or the HEREIU and only occasionally visited HERE Local 1's offices in Chicago; and (4) obstructed the Office of the Monitor’s efforts to effectuate the terms of the Consent Decree by refusing to be interviewed or deposed concerning his alleged association with OCG members and associates and his employment as a HEREIU IO.

II.  FINDINGS OF FACT

         A.  Introduction

         1.  At all times relevant to these charges, Respondent J. F. Duff, Jr., held the following positions:

                  (a)  From August 1, 1989, until December 15, 1996, J. F. Duff, Jr., was employed full-time by the HEREIU as an IO.  As an IO, J. F. Duff, Jr., received a salary of approximately $35,125 in 1996.  From approximately July 1, 1990, until his resignation, J. F. Duff, Jr., was assigned to work at HERE Local 1, 55 W. Van Buren Street, Chicago, Illinois.

                  (b)  From at least January 1, 1989, until the present, J. F. Duff, Jr., was also ostensibly employed full-time as the Secretary-Treasurer of the Liquor & Wine Sales Representatives, Warehousemen, Clerical, Distillery, Rectifying, Tire, Plastic and Allied Workers Union Distillery Workers Local 3, an independent union as of July 19, 1995, and/or its predecessor, Distillery, Wine & Allied Workers International Union, AFL-CIO Distillery Workers Local 3 (hereinafter collectively referred to as “Distillery Workers Distillery Workers Local 3"), 1640 W. Van Buren Street, Chicago, Illinois  60612.  As Secretary-Treasurer of Distillery Workers Distillery Workers Local 3, J. F. Duff, Jr., received a salary of approximately $88,333 in 1996.  IX2, Declaration of Special Agent Robert Burton, U.S. Department of Labor, Office of Inspector General (“Burton Declaration”), ¶¶ 5-6.

                  (c)  From January 1, 1996, until March 31, 1996, J. F. Duff, Jr., was also ostensibly employed by American Management and Consulting, Inc., 178 N. Halstead, Chicago, Illinois, and received wages of approximately $6,000.  IX2, Burton Declaration, ¶ 7.

                  (d)  From January 1, 1996, until December 31, 1996, J. F. Duff, Jr., was also ostensibly employed by Remedial Environmental Manpower, Inc., 178 N. Halstead, Chicago, Illinois, and received wages of approximately $72,610.  IX2, Burton Declaration, ¶ 7.

         B.  J. F. Duff, Jr.’s, Family Businesses

         2.  At all times relevant to these charges, J. F. Duff, Jr.’s, father and mother, John F. Duff, Sr., and Patricia Green Duff (“P.G. Duff”), and his brothers, Patrick Duff and James M. Duff, operated a number of corporations engaged in the business of temporary labor, maintenance and waste disposal out of offices located at 174-178 N. Halstead Street, Chicago, Illinois.  These corporations include the following:

 

NAME OF COMPANY	DATE OF INCORPORATION	PRESIDENT
Windy City Labor Service, Inc.	June 15, 1982	P.G. Duff
Windy City Maintenance, Inc.	May 11, 1989	P.G. Duff
American Management & Consulting, Inc.	January 11, 1996	James M. Duff

 

IX2, Burton Declaration, ¶¶ 9-10.

         3.  At all times relevant to these charges, Respondent J. F. Duff, Jr.’s brothers, Patrick and James Duff, were President and Vice-President, respectively, of Distillery Workers Distillery Workers Local 3, an independent union with is principal offices located at 1640 West Van Buren Street, Chicago, Illinois.  Prior to July 19, 1995, Distillery Workers Distillery Workers Local 3 was affiliated with and chartered by the Distillery, Wine & Allied Workers International Union, AFL-CIO.  Distillery Workers Distillery Workers Local 3 had 1,451 members as of December 31, 1995.  IX2, Burton Declaration, ¶¶ 5 and 8.

         4.  Former General President E.T. Hanley and J. F. Duff, Jr.’s father, John Duff, Sr., have been long standing friends for many years.  IX3 at pp. 204-205.  Their families each have vacation homes in the Land O’Lakes, Wisconsin area.  J. F. Duff, Jr., and his brothers, Patrick and James Duff, are also close personal friends of Thomas W. Hanley, (“T. W. Hanley”), former General President E.T. Hanley’s son, the HEREIU’s Director of Organization and President of HERE Local 1 until his suspension from those positions on August 31, 1998.  IX5, Deposition of T. W. Hanley (“T. W. Hanley Deposition”), pp. 226-227.

         C.  J. F. Duff, Jr.’s, 1989-1991 Employment With the HEREIU

         5.  The HEREIU is a labor organization which represents approximately 240,000 members employed by various businesses engaged in industries affecting interstate and foreign commerce, particularly those employed in the culinary and hotel industries.  The HEREIU has Executive Offices located at 1219 28th Street, N.W., Washington, D.C., and regional offices located at 55 West Van Buren Street, Suite 400, Chicago, Illinois  60605; 493 North Palm Canyon Drive, Palm Springs, California  92262; and 1140 de Maisonneueve Boulevard West, Suite 1150, Montreal Quebec, Canada H3A 1M8.  The HEREIU is comprised of various constituent entities, including HEREIU Districts, District Councils and approximately 130 local unions located throughout the United States, Canada and the Virgin Islands.  All constituent entities are under the jurisdiction of the HEREIU and the GEB.

         6.  During the period from September 1989 until January 1991, J. F. Duff, Jr., received a salary of $26,000, plus a per diem allowance of $25.00 per day from the HEREIU.  In January 1991, J. F. Duff, Jr.’s, per diem allowance was discontinued and his salary was increased to $35,125.  J. F. Duff, Jr.’s, salary as a HEREIU IO remained at $35,125 annually from January 1991 until his December 15, 1996, resignation.

         7.  By former General President E.T. Hanley’s directive, IO’s were required to prepare an OWR by each Saturday for the previous week's activities and to submit such OWR to the HEREIU Director of Organization.  Such OWRs required the IO to list the cities visited for each day of the week, the activities undertaken, and a breakdown by type of activity of the percentage of time spent on direct organizational work, local union servicing, grievances and arbitration, and other activities.  The OWR also requires the IO to list current organizational campaigns by name of company, the company’s location, the number of employees and certain additional information.  The OWR also contains a space for an address where acknowledgment of the report will reach the IOs.  It is the HEREIU's policy not to pay IOs their salary if they are delinquent in filing such reports.  IX2, Burton Declaration, ¶ 16.

         1989-1990 Assignments in Baltimore, Maryland and Miami, Florida

         8.  Former General President E.T. Hanley testified that he hired J. F. Duff, Jr., to work on the 1991 campaign to organize the food and beverage employees of the Alton Belle Casino in Alton, Illinois, the first riverboat casino licensed to operate in Illinois.  According to J. F. Duff, Jr.’s, OWRs, however, he was assigned to HERE Local 7 in Baltimore, Maryland during the period from August 1, 1989, until approximately June 1, 1990, with the exception of two weeks in February 1990 when he was in Miami, Florida allegedly at the direction of former General President E.T. Hanley.  Former General President E.T. Hanley testified that he had no recollection of J. F. Duff, Jr.’s, work in Baltimore, Maryland and/or Miami, Florida prior to the Alton Belle I campaign.  IX3 at pp. 215-216.

 

         July 1990 Assignment to HERE Local 1 in Chicago, Illinois and the Alton Belle I

Campaign                                                                  

         9.   According to a July 26, 1990, memo from former General President E.T. Hanley to Vincent J. Sirabella, then, the Director of Organization and J. F. Duff, Jr.’s, immediate supervisor, J. F. Duff, Jr., was transferred from HERE Local 7 in Baltimore, Maryland to HERE Local 1 in Chicago, Illinois effective July 1, 1990.  IX4, at pp. 215-216.  J. F. Duff, Jr.’s, OWRs indicate that he was assigned to HERE Local 1 in Chicago from June 1990 until his resignation on December 15, 1996.

         10.  During the periods from approximately March 1991 until approximately September 1991, and from September 1994 until December 1994, the HEREIU and the Seafarers International Union (“Seafarers”) engaged in competing campaigns to organize the Alton Belle Casino’s food and beverage employees (hereinafter “Alton Belle I” & “Alton Belle II”, respectively).  In approximately September 1991, the Alton Belle Casino recognized the Seafarers as the collective bargaining representative for its employees.  In July 1994, the National Labor Relations Board (“NLRB”) found that the Alton Belle Casino’s recognition of the Seafarers was premature and ordered an election.  From September 1994 until December 1994, the HEREIU and the Seafarers competed against one another in a second campaign, Alton Belle II, to organize the Alton Belle Casino employees.  At the December 1994 NLRB election, the Seafarers won.  IX26A, Interview of Allen Kearney, p. 3; IX45, Interview of Tim Luebbert, p. 2.

         11.  According to J. F. Duff, Jr.’s, OWR, he engaged in organizing activities in Alton, Illinois on August 27 and 28, 1991.  His OWR for October 31, 1991, reflects that he engaged in staff meetings and working on current projects at HERE Local 1.  It also contains his last reference to the Alton Belle I campaign, namely, “Alton-River Boat Gambling”.  In addition, several HERE Local 1 employees, including T. W. Hanley, Terrence P. Maloney and James Davern, testified that J. F. Duff, Jr., worked on the Alton Belle I campaign.  In view of this evidence that J. F. Duff, Jr., did perform services for the HEREIU on the Alton Belle I campaign in 1991, and despite the fact that he was ostensibly employed full-time as Secretary-Treasurer of Distillery Workers Distillery Workers Local 3, I find that the Investigations Officer has failed to prove J. F. Duff, Jr., was a “no show” HEREIU employee during 1989-1991.

 

         D.  J. F. Duff, Jr.’s, Association With OCG Members and Associates 

 

Chicago OCG Members and Associates

         12.  There has existed for many years a nationwide OCG in the United States known as LaCosa Nostra (LCN) or the "Mafia" among other names.  The LCN is a secret society of individuals who are associated for the purposes of engaging in criminal conduct.  This organization operates throughout the United States through OCG’s known as "Families".  There are LCN Families headquartered in a number of large American cities, including New York; Chicago, Illinois; Cleveland, Ohio; and Milwaukee, Wisconsin.  IX7, 1990 Chicago Crime Commission Report, “Organized Crime In Chicago”, pp. 2-3.

         13.  Since well before the early 1970's, the Chicago LCN or “Outfit” has been engaged in a wide variety of on-going income producing criminal activities.  These criminal activities include illegal gambling, loan sharking, extortion, labor racketeering, armed robberies, sports bookmaking, and collection of a "street tax".  IX7, 1990 Chicago Crime Commission Report, pp. 3-5.  IX8, 1997 Chicago Crime Commission Report, “The New Faces of Organized Crime”, pp. 8-11.

         14.  The Chicago Outfit operates through groups called "Crews", which engage in LCN-related illegal activities within loosely-defined geographical areas in the Chicago, Illinois region.  Crews consist of soldiers, as well as associates connected to the Chicago Outfit, and are under the immediate direction of a Street Boss or "Capo".  In terms of hierarchy structure, the Chicago Outfit includes (in descending order) the Boss, the Underbosses, the Advisors (who advises the Boss), the Street Bosses, and the Lieutenant.  IX7, 1990 Chicago Crime Commission Report, p. 12; IX8, 1997 Chicago Crime Commission Report, pp. 8-11.

         15.  At all times relevant to these charges, the reputed boss of the Chicago Outfit was John DiFronzo.  The reputed Underbosses were Anthony Centracchio, John Monteleone and Joseph Andriacchi.  IX8, 1997 Chicago Crime Commission Report, p. 11.

         16.  According to the Chicago Crime Commission, a number of different "Street Crews" operated in the Chicago area during times relevant to these charges, including:  (1) the Marco D’Amico, a/k/a Elmwood Park Crew; (2) the John Matassa, formerly Vince Solano, North Side Crew; (3) the James LaPietra, a/k/a 26th Street/Chinatown Crew; (4) the Rocco Infelise a/k/a Cicero Crew; (5) the Dominic Cortina, a/k/a West Side Crew; and (6) the Vincent J. Cozzo, a/k/a Grand Avenue Crew.  IX7, 1990 Chicago Crime Commission Report, p. 12.  These Crews, as part of their illegal activities, have influenced the affairs of labor unions such as the Laborer's International Union of North America ("LIUNA") and the HEREIU.  IX8, 1997 Chicago Crime Commission Report, pp. 24-33.

                  (a)  At all times relevant to these charges, the Infelise Street Crew was one of the “Crews” of the Chicago Outfit.  IX7, pp. 7-8 and 12.  The Infelise Street Crew provided income to its members through:  (1) the operation of various illegal gambling businesses such as sports bookmaking, parlay cards, and casino games; (2) the collection of “juice” or interest on usurious loans made by the Crew; (3) the collection of “street tax” or money from individuals engaged in illegal or quasi-illegal businesses; and (4) the use of these proceeds in the criminal enterprise and other business ventures.  To conceal their actions, the Infelise Street Crew also provided monetary payments to Crew members who refused to testify against the Crew, instructed potential grand jury witnesses to lie, and attempted to and bribed various police officers, judges, and other political officials.  See United States v. Infelise, 835 F. Supp. 1466, 1472 (N. D. Ill. 1993); IX7, 1990 Chicago Crime Commission Report, p. 8. 

                  (b)  On or about February 7, 1990, a grand jury in the United States District Court for the Northern District of Illinois returned a 105-page indictment, United States v. Infelise, et al., 90 CR 87-1-20, against Infelise and 19 other members of the Infelise Street Crew, alleging various counts of racketeering, gambling, extortion, tax violations, murder, and bribery.  IX9A-9E.  Infelise and several other defendants were denied bail while awaiting trial.  IX9D-F.  The indictment was the subject of widespread publicity.  The then Attorney General of the United States, Richard Thornburgh, traveled to Chicago to hold a press conference regarding its return.  IX9A and 9B.

                  (c)  On or about March 10, 1992, Infelise was found guilty after a jury trial of various racketeering, gambling and tax offenses.  On August 19, 1993, Infelise, then 71 years old, was sentenced to 63 years imprisonment -- the maximum sentence that could be imposed.  IX9BB.  See also United States v. Infelise, 835 F. Supp. 1466 (N.D. Ill. 1993).

                  (d)  During the period from 1986 until 1993, Infelise and the activities of the Infelise/Ferriola/Cicero Street Crew were the subject of approximately 40 articles that appeared in the Chicago area newspapers.  IX8A-K; IX9A-9BB.  A number of these articles recounted testimony from government witnesses about murders, beatings and payoffs to public officials, allegedly by members of the Infelise Street Crew.  IX9E, 9H-9BB.

 

         J. F. Duff, Jr.’s, Knowing Association With Chicago Outfit Members and/or Associates

         17.  In approximately February 1992, J. F. Duff, Jr., was called by the government as a witness pursuant to a grant of use immunity under Title 18 U.S.C., §§ 6001 et. seq. in the trial of U.S. v. Infelise, 90 CR 87-1-20.  J. F. Duff, Jr., admitted that he had gambled on sporting events, including football, basketball and baseball, with approximately 10 different bookmakers during the period 1975-1989.  In one week during the spring of 1986, J. F. Duff, Jr., lost approximately $6,000 gambling on sporting events with Robert Cavone, an Infelise Street Crew bookmaker.  After stalling on repaying approximately $4,000 of the $6,000 debt, J. F. Duff, Jr., was visited on two occasions by Infelise and Scott Stevenson, a family friend.  J. F. Duff, Jr., testified that Infelise said he, Infelise, had paid J. F. Duff, Jr.’s, debt as a favor to J. F. Duff, Jr.’s, father. ¹/  At the second meeting, J. F. Duff, Jr., agreed to repay Infelise at the rate of $350 per month.  J. F. Duff, Jr., testified he did repay the debt over a period of approximately 18 months.  IX10.

         18.  On or about November 4, 1993, J. F. Duff, Jr., was arrested at approximately 1:15 a.m. in Miami Beach, Florida for resisting arrest without violence and for corruption by threats against a public servant.  At the time of the arrest, the driver of a 1993 Cadillac and J. F. Duff, Jr., a passenger, were attempting to pick up a prostitute and, as a result, were blocking traffic.  While in the process of being handcuffed, J. F. Duff, Jr., “calmly and coolly” told the arresting officer, Miami Beach Police Department Officer Guillermo Berrier, that if he did not remove the handcuffs immediately and let him go, he, J. F. Duff, Jr., would find the officer and his family and kill them one by one while the officer watched.  J. F. Duff, Jr., told the officer that he had better listen because he, J. F. Duff, Jr., had “connections with organized crime in Chicago”.  IX11.

 

J. F. Duff, Jr.’s, Participation in Hollywood, Florida Bookmaking Operation and Knowing Association With Florida-Based OCG Members and Associates During 1992 Through 1996                                                                                                 

         19.  Richard Lugano testified during a deposition that he managed a Hollywood, Florida area sports bookmaking business for various periods during 1981 through 1994.

                  (a)  From approximately 1981 until approximately 1985, Mr. Lugano ran a bookmaking business out of four rooms in the Diplomat Hotel in Hollywood, Florida.  Mr. Lugano was paid a salary by Luther James ²/, a Louisville, Kentucky bookmaker, while Anthony Accetturo, a reputed Lucchese LCN family member, was responsible for collections and police protection.  Deposition of Richard Lugano (hereinafter “Lugano Deposition”).  IX12, at pp. 7-12.  According to Mr. Lugano, except for occasional visits to Chicago, J. F. Duff, Jr., also resided at the Diplomat Hotel and handled payments and collections relating to the bookmaking business’ Chicago area bettors.  Deposition of Richard Lugano, IX12, at pp.14-17.

                  (b)  After living in California for approximately 5 years, Mr. Lugano moved back to Hollywood, Florida in approximately May 1990.  From May 1990 until approximately April 1991, Mr. Lugano again ran Mr. James’ bookmaking business, first, from an apartment building at 301 Roosevelt Avenue and, later, from a four-bedroom house on 19th Avenue.  By this time, a man named Augie Corrao and his associate, Vic Lapi, both reputed members of  the Gambino LCN crime family, were responsible for collections instead of Accetturo. ³/  Two additional individuals, Joseph and Thomas DeMarco, worked as collectors for Mr. Lapi.  According to Mr. Lugano, J. F. Duff, Jr., continued to handle payments and collections for Chicago area bettors during May 1990 through April 1991.  IX12, at pp. 19-27.

                  (c)  From approximately April 1991 until approximately May 1993, Mr. Lugano again lived in California.  At the request of Mr. James, Mr. Lugano moved back to Hollywood, Florida to supervise the bookmaking operation in May 1993.  According to Mr. Lugano, the bookmaking operation was then being run out of a number of apartments at the Sea Air Towers (“SAT”), 3725 South Ocean Drive in Hollywood, Florida.  From May 1993 until approximately August 1994, Mr. Lugano, J. F. Duff, Jr., J. F. Duff, Jr.’s, father and mother, J. F. Duff, Sr., and Patricia Green Duff, Mr. Corrao and Mr. Lapi all lived at the SAT.  J. F. Duff, Jr., spent 80 percent of his time at the SAT, while the remaining 20 percent was spent in Chicago, Illinois and elsewhere. ⁴/  IX12 at pp. 30-34.

         20.  From approximately December 1993 until approximately September 1994, the FBI conducted an investigation of the sports bookmaking operation being run out of the SAT.  As part of this investigation, an undercover FBI agent placed bets with the SAT bookmaking operation, pen register devices were placed on pertinent telephone lines and approximately 50 conversations were recorded.  The pen registers and recorded conversations corroborate Lugano’s testimony that he, J. F. Duff, Jr., and others were involved in a sports bookmaking operation using the telephone lines in question.  J. F. Duff, Jr., was overheard in approximately fifteen (15) conversations during the February through September 1994 period, mostly discussing betting lines.  IX13, Declaration of Eugene Flynn (“Flynn Declaration”), ¶ 3.

         21.  Eugene Flynn, an investigator for the Office of the Monitor and former FBI Special Agent, examined certain SAT records and interviewed eleven (11) present or former SAT employees and/or residents in an attempt to ascertain whether the SAT was J. F. Duff, Jr.’s, principal residence during 1992 through 1996.

                  (a)  On or about August 9, 1991, J. F. Duff, Sr., and P.G. Duff leased Apartment 801, a furnished apartment, at the SAT for approximately $1,350 per month.  J. F. Duff, Sr., and P.G. Duff continued to occupy Apartment 801 until approximately February 1996.

                  (b)  On or about August 9, 1991, J. F. Duff, Sr., and P.G. Duff also leased Apartment L10 at the SAT for $700 per month.  J. F. Duff, Sr., and P.G. Duff continued to lease apartment L10 until August 31, 1996.

                  (c)  On or about September 13, 1993, Windy City Maintenance, Inc. (“WCMI”),  leased Apartment 802 at the SAT for $1285 per month.  The lease was signed on behalf of WCMI by P.G. Duff.  WCMI continued to lease Apartment 802 until approximately November 1995, when J. F. Duff, Sr., and P.G. Duff signed a contract to purchase Apartment 802 for approximately $173,400.  IX13, Flynn Declaration, ¶ 6.

         22.  The eleven (11) present or former SAT employees and/or residents interviewed indicated that J. F. Duff, Jr., and his parents, J. F. Duff, Sr., and P.G. Duff, lived at the SAT, except for periodic visits to Chicago. ⁵/  A number of these individuals said that prior to moving into the SAT in approximately 1991, J. F. Duff, Jr., and his parents lived at the Diplomat Hotel.  IX13, Flynn Declaration, ¶¶ 5-13.

         23.  I find that the documentation Mr. Flynn reviewed and the information received from the eleven (11) present or former SAT employees and/or residents corroborates Mr. Lugano’s testimony, and that the SAT was J. F. Duff, Jr.’s, principal residence from at least January 1, 1992, until his resignation from the HEREIU on December 15, 1996.  I find also that sports bookmaking was J. F. Duff, Jr.’s, principal occupation during this period based upon Mr. Lugano’s testimony and the six (6) month investigation conducted by the FBI in 1994.

         E.  J. F. Duff, Jr., Was a No-Show HEREIU Employee During 1992-1996

 

         J. F. Duff, Jr.’s, Colleagues Are Unaware of Any Services He Performed at HERE

Local 1 During 1992-1996                                                           

         24.  A number of the HERE Local 1 employees and IOs assigned to HERE Local 1 who were deposed and/or interviewed knew J. F. Duff, Jr., and knew that he was T. W. Hanley’s friend.  Three HERE Local 1 Executive Board members, including the Treasurer, were unaware of any affiliation between J. F. Duff, Jr., and the HEREIU, much less of any J. F. Duff, Jr., work for HERE Local 1.  IX14, Deposition of James Dyson, pp. 100-101; IX15, Deposition of Demetrious Tsenekos, p. 28; IX16, Deposition of Chester Wilkins, pp. 57-59.  According to Judy McDonald, HERE Local 1's Office Manager, J. F. Duff, Jr., did not have office space in HERE Local 1, she didn’t know where he was assigned and she doesn’t know him personally.  IX17, February 18, 1997 Interview of Judith McDonald.  Similarly, several HERE Local 1 employees and/or IOs working out of HERE Local 1 who knew J. F. Duff, Jr., were unaware of any affiliation between J. F. Duff, Jr., and the HEREIU.  IX18, Deposition of Sam P. Louis, pp. 22-24; IX19, January 8, 1997 Interview of Robert J. Babowice; IX20, January 8, 1997 Interview of Michael J. Romanelli; IX21, July 22, 1997 Interview of Willard Sheldon; IX22, February 19, 1992 Interview of Theresa Scimeca, p. 5.  Others were unaware of any services performed by J. F. Duff, Jr., at HERE Local 1 since the Alton Belle I campaign and the 1992 Empress Casino Riverboat Campaign. ⁶/  IX23, Deposition of Terrence P. Maloney at pp. 178-183; IX24, Deposition of James Davern at pp. 12-14.  About all that can be said of Duff and HERE Local 1 is that he was seen at HERE Local 1's office approximately six times a year.  IX17, February 18, 1997 Interview of Judith McDonald.

 

         J. F. Duff, Jr.’s Colleagues Are Unaware of Any Services He Performed on the Chicago

Area Riverboats at Which He Gambled                                             

         25.  When he was in Chicago, J. F. Duff, Jr., spent considerable time playing Blackjack at Chicago metropolitan area riverboat casinos, including the Empress I and II in Joliet, Illinois, the Hollywood Casino in Aurora, Illinois and the Empress III in Hammond, Indiana.  IX2, Burton Declaration, ¶ 11-12.  During the Monday through Friday workweek from December 6, 1993, until December 10, 1993, for example, J. F. Duff, Jr.’s, gambling activity included the following:

 

DATE	CASINO	CASH USED TO PURCHASE CHIPS	GAMBLING START  TIME	GAMBLING STOP TIME	CHIPS REDEEMED FOR CASH
12/7/93	Empress Joliet, Illinois	$19,500	10:09 am	5:31 pm	$29,000
12/8/93	Empress Joliet, Illinois	$16,400	4:38 pm	Unknown	Unknown
12/9/93	Hollywood Aurora, Illinois	$10,400	3:00 pm	8:00 pm	-0-
12/10/93	Hollywood Aurora, Illinois	$  2,000	4:03 pm	6:40 pm	-0-

 

The drive from HERE Local 1 (and/or Distillery Workers Distillery Workers Local 3) in Chicago to the Empress I and II in Joliet, Illinois and the Hollywood in Aurora, Illinois takes approximately 45 minutes to 90 minutes and 40 minutes to 90 minutes, respectively, depending upon the traffic. ⁷/  IX2, Burton Declaration, ¶ 11.

         26.  During 1994 through 1996, J. F. Duff, Jr., continued to spend a considerable number of days playing Blackjack at Chicago area riverboat casinos.

 

YEAR	EMPRESS Joliet, Illinois	HOLLYWOOD   Aurora, Illinois	EMPRESS III* Hammond, Indiana	TOTAL
1994	7	15	******	22
1995	22	2	******	24
1996	0	13	17	30

         There is no pattern as to the time of day J. F. Duff, Jr., gambled.  J. F. Duff, Jr., played Blackjack at all hours of the day and night.  His average bet was anywhere from $25 to $1,500, and he generally played for at least 2 hours.  He won and lost as much as approximately $13,000 in a single day -- tidy sums for a $35,125 a year HEREIU IO.  IX2, Burton Declaration, ¶ 12.

         27.  In its efforts to organize employees of riverboat casinos, the HEREIU has only claimed jurisdiction over food and beverage workers.  It has not attempted to organize dealers, engineers, deckhands or others that have typically been outside its jurisdiction.  IX3, E.T. Hanley Deposition at pp. 219-222.  HERE Local 1 entered into a collective bargaining agreement (“CBA”) covering the food and beverage employees of the Empress I and II Riverboats in Joliet, Illinois in approximately February 1993.  Thus, J. F. Duff, Jr.’s, forty (40) or so visits to the Empress I and II Riverboats in Joliet, Illinois during 1993-1995 occurred after those employees had been organized.  T. W. Hanley, then, the Director of Organization and President of HERE Local 1, testified that J. F. Duff, Jr., was responsible for direct organizational work as opposed to servicing CBA’s.  IX5 at pp. 234-235.  In an interview, Teresa Shannon, the HEREIU IO and HERE Local 1 Business Agent responsible for servicing the CBA covering the Empress Riverboats in Joliet, Illinois indicated that she had never met or heard of J. F. Duff, Jr.,  IX6A and IX6B, Interviews of Teresa Shannon, p. 4 and p. 4.

         28.  After the Hollywood Casino Riverboats I and II in Aurora, Illinois opened in June 1993, the HEREIU made periodic attempts to organize its food and beverage employees without success.  None of the HEREIU IOs who worked on the Hollywood organizing campaign and, later, on the Empress III campaign in Hammond, Indiana, were aware of any participation by J. F. Duff, Jr. ⁸/  IX6, at p. 4 (Shannon Interview); IX25, Interview of Theodora Geanekoplis, p. 4; IX26A and IX26B, Interview of Alan Kearney, p. 6 and p. 3; IX27, Interview of Jesse Case, p. 3; IX20, Interview of Carmen Dickinson, p. 3; IX29, Interview of Karen Kent, p. 3; IX30, Interview of Sandy Gorecki, p. 4; IX31A and IX31B, Interview of Angela Chavez, p. 7 and p. 5; IX56, Interview of Tim Luebbert, p. 5.  Indeed, most of these IOs had never heard of J. F. Duff, Jr.  IX25, at p. 4; IX30, at p. 4; IX20, at p. 3; IX27, at p. 3; IX26A at p. 6; IX31 at p. 5; IX56 at p. 5.

         29.  Based on the foregoing, I find that J. F. Duff, Jr.’s, eighty (80) odd Blackjack playing visits to the Empress I, II and III and Hollywood Casino during 1993 through 1996 were for recreational purposes and that he was not engaged in official HEREIU business during such visits.  According to Sam Louis, a former HERE Local 1 Business Agent and HEREIU IO, J. F. Duff, Jr., is a degenerate gambler who never came into HERE Local 1 and never performed any work.  IX32, November 26, 1996, and January 7, 1997, Interviews of Sam P. Louis at p. 9.  Former General President E.T. Hanley acknowledged he had heard “some rumors” that J. F. Duff, Jr., was a “heavy gambler”.  IX3, E.T. Hanley Deposition at pp. 279-280.

 

         J. F. Duff, Jr., International Travel   

         30.  During the period from October 27, 1992, until his resignation on December 15, 1996, J. F. Duff, Jr., made a number of trips to the Bahamas and certain other international destinations.       

                  (a)  At approximately 6:53 p.m. on Tuesday, October 27, 1992, J. F. Duff, Jr., passed through U.S. Customs Service (“USCS”) at the Chicago O’Hare Airport after arriving on an international flight.  IX2, Burton Declaration, ¶ 14.

                  (b)  At approximately 1:48 a.m. on Saturday, June 26, 1993, J. F. Duff, Jr., passed through USCS pre-clearance station in Nassau, Bahamas en route to the United States via airline.  IX2, Burton Declaration, ¶ 14.

                  (c)  At approximately 12:39 a.m. on Tuesday, August 3, 1993, J. F. Duff, Jr., passed through the USCS pre-clearance station in Freeport, Bahamas en route to the United States via airline.  IX2, Burton Declaration, ¶ 14.

                  (d)  At approximately 6:00 p.m. on Sunday, August 29, 1993, J. F. Duff, Jr., passed through the Nassau, Bahamas USCS pre-clearance station en route to the United States via airline.  Two days earlier, on Friday, August 27, 1993, J. F. Duff, Jr., established a line of credit at the Crystal Palace Casino in the Bahamas.  IX2, Burton Declaration, ¶ 14.

                  (e)  At approximately 6:30 p.m. on Tuesday, April 19, 1994, J. F. Duff, Jr., flew via Laker Airways Ltd., to Freeport, Bahamas from Ft. Lauderdale, Florida and returned from Freeport to Ft. Lauderdale at 12:45 a.m. on Wednesday, April 20, 1994.  IX2, Burton Declaration, ¶ 14.

                  (f)  At approximately 9:00 a.m. on Wednesday, June 22, 1994, J. F. Duff, Jr., flew via Laker Airways, Ltd., to Freeport, Bahamas from Ft. Lauderdale, Florida and returned to Ft. Lauderdale from Freeport at 5:15 p.m. on the same day.  At approximately 4:57 p.m. on Wednesday, June 22, 1994, J. F. Duff, Jr., passed through the USCS pre-clearance station in Freeport, Bahamas en route to the United States via airline.  IX2, Burton Declaration, ¶ 14.

                  (g)  At approximately 6:30 p.m. on Tuesday, January 17, 1995, J. F. Duff, Jr., flew via Laker Airways, Ltd., from Ft. Lauderdale, Florida to Freeport, Bahamas, and returned from Freeport to Ft. Lauderdale at 12:45 a.m. on Wednesday, January 18, 1995.  IX2, Burton Declaration, ¶ 14.  At approximately 12:26 a.m. on Wednesday, January 18, 1995, J. F. Duff, Jr., passed through the USCS pre-clearance station in Freeport, Bahamas en route to the United States via airlines.  IX2, Burton Declaration, ¶ 14.

                  (h)  At approximately 1:50 p.m. on Friday, November 3, 1995, J. F. Duff, Jr., and his father, J. F. Duff, Sr., passed through the USCS pre-clearance station in Winnipeg, Canada en route to the United States via airline.  IX2, Burton Declaration, ¶ 14.

                  (i)  There is no HERE local union in the Bahamas, and there is no record of any expenses, including air travel, being paid by the HEREIU in connection with any of the above trips.  IX33, Declaration of Thomas Drewry, ¶ 6.

         J. F. Duff, Jr.’s, Failure to File Expense Reports During His HEREIU Employment

         31.  In a letter dated August 9, 1989, confirming J. F. Duff, Jr.’s, appointment as an IO, former General President E.T. Hanley wrote:

 

Please note that all requests for reimbursement must be accompanied by appropriate receipts and each receipt must indicate the nature of your assignment and specific purpose of each expenditure.  The receipts must accompany your monthly expense sheet.  . . .Your monthly expense reports should be received by Brother Sirabella [J. F. Duff, Jr.’s, immediate supervisor] no later than the 5th day of the following month.  Expense checks are mailed with your salary for the pay period ending the 15th day of each month.

 

IX34.

         32.  Despite the fact that he was on the HEREIU payroll for seven (7) years, the HEREIU was unable to produce any monthly expense reports submitted by J. F. Duff, Jr.  There is no record at the HEREIU that J. F. Duff, Jr., ever submitted a request for reimbursement of expenses incurred as an IO.  IX33, Declaration of Thomas Drewry, ¶ 6.

 

         HEREIU Staff Communicated With J. F. Duff, Jr., Through Distillery Workers Distillery

Workers Local 3, as Opposed to HERE Local 1                                             

         33.  Interestingly, although J. F. Duff, Jr., was ostensibly in HERE Local 1 in Chicago, Illinois every day, the HEREIU staff in Washington, D.C. were under instructions to direct all correspondence and checks to him in care of:  Distillery Workers Distillery Workers Local 3, Attn: Lynn, 1640 W. Van Buren, Chicago, Illinois.

                  (a)  On February 6, 1990, Vincent J. Sirabella, then, the Director of Organization, distributed a memo to the HEREIU Office Staff stating that all checks and correspondence were to be sent to J. F. Duff, Jr., c/o Distillery Workers Local 3, Attn: Lynn, until further notice. ⁹/  IX35.

                  (b)  On July 26, 1990, Herman Leavitt, then, the General Secretary-Treasurer, sent J. F. Duff, Jr., an IRS Notice of Levy of Wages, Salary and Other Income for the tax period ending July 1, 1985, at Distillery Workers Local 3, Attn: Lynn.  IX36.

(c)  On December 4, 1990, Mr. Leavitt wrote J. F. Duff, Jr., at Distillery Workers Local 3, Attn: Lynn, that his annual $9,125.00 per diem would be discontinued and that his salary would be increased from $26,000 to $35,125.  IX37.

(d)  On September 26, 1995, J. F. Duff, Jr., wrote Jeanne Gardner on letterhead with Distillery Workers Local 3's address requesting that his payroll check be sent in care of Distillery Workers Local 3, instead of wiring it to the LaSalle Bank.  Ms. Gardner was directed to call Lynn at the Distillery Workers Local 3 telephone number, if she had questions.  On or about October 2, 1995, Ms. Gardner wrote a memo to the HEREIU payroll department implementing J. F. Duff, Jr.’s, instructions.  IX38.

(e)  On October 1, 1996, John Wilhelm, then, the General Secretary-Treasurer, wrote to J. F. Duff, Jr., c/o Distillery Workers Local 3, concerning the suspension of J. F. Duff, Jr.’s, driver’s license.  The letter, a copy of which was sent to T. W. Hanley, HEREIU’s Director of Organization, directed J. F. Duff, Jr., to cease driving pursuant to the HEREIU’s auto insurance policy.  IX39. 

(f)  On October 2, 1996, J. F. Duff, Jr., wrote Mr. Wilhelm on Distillery Workers Local 3 letterhead with an address that his drivers license had been reinstated.  IX40.

         F.  J. F. Duff, Jr.’s. False OWRs

 

         J. F. Duff, Jr.’s, June-August 1994 OWRs Relating to the HERE Local 355 Trusteeship

in Miami, Florida                                                                                      

         34.  During the period from January 1, 1992, until June 20, 1993, J. F. Duff, Jr.'s, OWR indicate that:

         (a)  He was visiting HERE Local 1 in Chicago;

         (b)  Acknowledgment of the report would reach him at HERE Local 1 in Chicago;

         (c)  His activities for each week day included:

 

               “Staff meetings with regards to current projects;

               Work in office with regards to current projects”

         (d)  Eighty (80) percent of his time was spent on direct organizational work and 20

               percent of his time was spent on Local union servicing.

IX2, Burton Declaration, ¶ 16.

         35.  Beginning with the OWR for the week ending June 26, 1993, J. F. Duff, Jr.’s, OWRs continue to reflect that his daily activities included:  “Staff meetings with regards to current projects”.  From the OWR for the week ending June 26, 1993, until his December 15, 1996 resignation, such OWRs also reflect that his daily activities included:  “Office calls with regards to current projects,” instead of “Work in office with regards to current projects.”  From January 1, 1992, until his December 15, 1996 resignation, all of J. F. Duff, Jr.’s, OWRs indicate he is working in the Chicago area with two exceptions.  IX2, Burton Declaration, ¶ 17.

                  (a)  J. F. Duff, Jr.’s, OWRs for the period from June 14, 1994, through June 29, 1994, reflect that his daily activities include “Miami-Local 355”. ¹⁰/  IX2, Burton Declaration, ¶ 17.  In addition, his OWRs for June 14 and 15 bear the entries: “Miami-Local 355, Sheraton Bel Harbour.”  T. W. Hanley’s Sheraton Bal Harbor hotel bill includes room service and restaurant charges for T. W. Hanley and “J. Duff” on June 14, 15 and 16, 1994.  IX41.  T. W. Hanley’s HEREIU American Express credit card charge slips for June 14 and 15, 1994 include food and beverage expenses for T. W. Hanley, “J. Duff” and George Papageorge, the Trustee for HERE Local 355, relating to the HERE Local 355 trusteeship. ¹¹/  IX43A-B.  The HEREIU American Airlines Air Travel Card statement, dated August 10, 1994, indicates that airline tickets were purchased on June 14, 1994, for “J. Duff” to fly from the Chicago O’Hare to Miami, Florida to Midway for $1,031.  IX44A.

                  (b)  J. F. Duff, Jr.’s, OWRs for the period from August 4, 1994, until August 14, 1994, reflect only that he is visiting “Miami” and contain no other entries.  IX2, Burton Declaration, ¶ 17.  The HEREIU American Airlines Air Travel Card statement dated September 22, 1994, indicates that airline tickets were purchased for “J. Duff” on August 2, 1994, to fly from Chicago O’Hare to Miami, Florida to Ft. Lauderdale, Florida to Chicago O’Hare for $750.  IX44B.

         36.  George Papageorge stated that he was introduced to J. F. Duff, Jr., by T. W. Hanley after being appointed trustee for HERE Local 355 in approximately mid-May 1994.  Interview of George Papageorge, IX45.  According to Mr. Papageorge, J. F. Duff, Jr., worked for him in connection with the HERE Local 355 trusteeship for a short period between May and August 1994.  Mr. Papageorge’s per diem and reimbursed expense report (“PDER”) for June 1994 indicates that he traveled from New York to Miami on June 13, 1994, for a June 14, 1994, HERE Local 355 trusteeship hearing, and returned to New York on June 17, 1994.  IX46A-D.  Additionally, Mr. Papageorge’s American Express charge slip for June 16, 1994, included food and beverage expenses at a Miami restaurant for J. F. Duff, Jr.  IX46E and F.

         37.  Based upon Mr. Papageorge’s interview and the supporting documentation, I find that J. F. Duff, Jr., was engaged in HEREIU business in Miami, Florida during the period from June 14-16, 1994.  While the evidence is less clear, I  find that the Investigations Officer has failed to establish that J. F. Duff, Jr.’s, OWRs for the August 4-14, 1994, period are false, as well.

 

         J. F. Duff, Jr.’s, Remaining OWRs For the January 1, 1992 Through December 15, 1996

Time Period Are False                                                          

         38.  With the exception of the July 7-9, 1992; June 14-29, 1994; and August 4-14, 1994 periods, J. F. Duff, Jr.’s, OWRs represent that he was in staff meetings at HERE Local 1 in Chicago every day during the period from January 1, 1992, until his December 15, 1996, resignation.  For the reasons set forth below, I find that these OWRs are false.  Among other things, T. W. Hanley, then HERE Local 1's President, testified he didn’t have staff meetings every day.  IX5, T. W. Hanley Deposition,  pp. 248-249.

                  (a)  On November 4, 1993, J. F. Duff, Jr., was arrested by Officer Berrier and other Miami Beach Police Department officers at approximately 1:00 a.m.  IX11.  After being arrested, J. F. Duff, Jr.,  was booked, fingerprinted and photographed at the Miami Beach Police Department holding facility.  He was released on a $6,000 surety bond at 10:45 a.m. on November 4, 1993.  At the time of his arrest, J. F. Duff, Jr.,  used the name “James Duff” and refused to disclose his address, occupation, date of birth, and other personal information.  IX11; IX13, Flynn Declaration, ¶ 17.  His OWR for that day falsely represents that he was in staff meetings at HERE Local 1 and making office calls with regards to current projects.  IX47.

                  (b)  On November 12, 1993, the Dade County Prosecutor’s Office filed two charges against J. F. Duff, Jr.:  (i) threatening unlawful harm to a public servant, a felony, and (ii) resisting arrest without violence, a misdemeanor.  The case, State of Florida v. James Duff, F93-37284, was assigned to Judge Thomas S. Wilson, Jr.  On November 24, 1993, J. F. Duff, Jr., entered a written plea of not guilty through his attorney, Ronald Gainor.  IX48.

                  (c)  On March 22, 1994, J. F. Duff, Jr., signed a Deferred Prosecution Agreement and Speedy Trial Waiver as “James Duff” in State of Florida v. James Duff, F93-37284, in Dade County Circuit Court.  As part of his participation in the pre-trial diversion program, J. F. Duff, Jr., was interviewed the same day by James Smith, Advocate Program, Inc. 1515 N.W. 7th Street, Miami, Florida, and signed a contract with the Advocate Program, Inc. -- as John F. Duff -- in which he agreed to pay $150.00, to perform 50 hours of community service and to report at periodic intervals. ¹²/  See IX48; IX13, Flynn Declaration, ¶ 17.  J. F. Duff, Jr.’s, OWR for March 22, 1994, falsely represents that he was in staff meetings at HERE Local 1 and making office calls with regards to current projects.

                  (d)  On July 8-11, 1996, the HEREIU held its 42nd General Convention in Chicago, Illinois.  The General Convention is held once every five years.  During the week preceding the General Convention, the various HEREIU committees met prior to making their reports.  As the host-Local, HERE Local 1 personnel participated in a series of convention-related activities during this two week period.  J. F. Duff, Jr.’s, OWRs for the weeks ending July 6 and July 13, 1996, falsely represent that he was in staff meetings at HERE Local 1 and making office calls with regards to current projects -- during the week before and while the 42nd general Convention was being held. ¹³/  Asked whether J. F. Duff, Jr.,  would be attending staff meetings at HERE Local 1 during the two weeks surrounding the 42nd General Convention, former General President E.T. Hanley testified: “It’s apparent that he probably wasn’t. . .”  IX3, at p. 250-251.

                  (e)  Of the eighty (80) visits J. F. Duff, Jr., made to Chicago area riverboat casinos during 1993-1996, at least thirty (30) of these visits occurred during HERE Local 1 office hours when J. F. Duff, Jr., was allegedly in staff meetings and making office calls at HERE Local 1.  J. F. Duff, Jr.’s, photograph was taken during HERE Local 1 office hours at these various casinos on ten occasions when he purchased or redeemed more than $10,000 worth of chips.  IX2, Burton Declaration, ¶ 13.  At 1:53 p.m. on May 5, 1994, for example, J. F. Duff, Jr., and William Stratton were photographed by the Empress in Joliet, Illinois redeeming $16,500 in chips.  IX2, Burton Declaration, ¶ 13.

                  (f)  Of the eight international trips J. F. Duff, Jr., took to the Bahamas and elsewhere, the dates and times of two of the trips -- on June 22, 1994, and on November 3, 1995, -- conflict with the representations in his OWRs that he was at HERE Local 355 in Miami, Florida and at HERE Local 1 in Chicago, Illinois, respectively.  In addition, on April 19, 1994, and January 17, 1995, J. F. Duff, Jr., had scheduled flights at 6:30 p.m. (5:30 p.m. Chicago time) from Fort Lauderdale, Florida to Freeport, Bahamas.  His OWRs for those dates indicated that he was visiting HERE Local 1 in Chicago and his activities included staff meetings and office calls with regards to current projects.   IX2, Burton Declaration, ¶ 20. 

         Obstruction of  Monitor’s Attempts to Effectuate the Consent Decree’s Terms

         39.  On December 3, 1996, investigators from the Office of the Monitor interviewed T. W. Hanley in Chicago.  During the interview, T. W. Hanley was asked a number of questions about J. F. Duff, Jr., including questions about what J. F. Duff, Jr., did for the HEREIU, his OWRs, and his November 4, 1993, arrest in Miami.  IX49, Declaration of John J. O’Rourke (“O’Rourke Declaration”), ¶ 4.

         40.  Not surprisingly, six (6) days later, on December 9, 1996, J. F. Duff, Jr., wrote T. W. Hanley resigning as an IO effective December 15, 1996.  In his December 9, 1996 letter, J. F. Duff, Jr.,  wrote:

 

...Due to my increased workload, I no longer believe I can devote the time to HERE that I feel is necessary.  I have enjoyed our relationship over the past several years.

IX50.

         41.  On December 16, 1996, Robert Scigalski, an investigator retained by the Office of the Monitor informed Samuel V. Banks, HERE Local 1's attorney, that he wished to schedule an interview with J. F. Duff, Jr.  Mr. Banks informed Investigator Scigalski that J. F. Duff, Jr., had resigned from the HEREIU and that J. F. Duff, Jr., would not be available for interview.  IX49, O’Rourke Declaration, ¶ 5.

         42.  At the time the Monitor’s office was investigating both J. F. Duff, Jr., and T. W. Hanley for possible violations of the Consent Decree, including whether J. F. Duff, Jr., T. W. Hanley and/or other union officials were under OCG influence, whether J. F. Duff, Jr., was a “no-show” employee, whether T. W. Hanley and/or other union officials knew that J. F. Duff, Jr., was a “no show” employee and whether J. F. Duff, Jr.’s, OWRs were false.  IX49, O’Rourke Declaration, ¶ 4.

         43.  On December 26, 1996, John J. O’Rourke, another investigator retained by the Office of the Monitor, attempted to locate and interview J. F. Duff, Jr., at Distillery Workers Local 3 without success.   Later that day, Mr. O’Rourke received a telephone call from Patrick J. Calihan, an attorney who said that he represented J. F. Duff, Jr.  Mr. Calihan informed Mr. O’Rourke that J. F. Duff, Jr.,  had resigned from the HEREIU and did not wish to be interviewed.  IX49, O’Rourke Declaration, ¶ 6.

         44.  On January 29, 1997, a subpoena was issued on the Investigations Officer’s application requiring the appearance of J. F. Duff, Jr., at a deposition in Chicago on February 4, 1997.  On January 30, 1997, Mr. O’Rourke provided Mr. Calihan with the January 29, 1997, letter scheduling the February 4, 1997, deposition and subpoena by facsimile.  After receiving these documents, Mr. Calihan advised the Investigations Officer by telephone on January 30, 1997, that J. F. Duff, Jr.,  had not been served and, thus, would not appear at the scheduled February 4, 1997 deposition.  When informed by the Investigations Officer that a new subpoena would be issued for J. F. Duff, Jr., Mr. Calihan said that J. F. Duff, Jr., either would not appear or would assert his 5th Amendment privilege against self-incrimination to any and all substantive questions, if he did appear.

         45.  On February 10, 1997, J. F. Duff, Jr., and his attorney, Mr. Calihan, were informed by letter of the possible consequences of his failure to appear and/or invocation of his 5th Amendment privilege.  If he did not appear, J. F. Duff, Jr., was informed that the Office of the Monitor might apply to the United States District Court for the District of New Jersey for an order to show cause why he should not be held in contempt.  J. F. Duff, Jr., was further informed that “at a minimum”, disciplinary charges would be filed against him for his failure to appear and/or invocation of his 5th Amendment privilege.  IX51.

         46.  On February 13, 1997, Mr. Calihan informed the Investigations Officer by letter that J. F. Duff, Jr., was aware of Mr. O’Rourke’s attempts to interview him.  Mr. Calihan objected to any adverse action being taken against J. F. Duff, Jr., for his failure to appear when he had not, in fact, been served.  IX52.

         47.  On February 18, April 25 and May 23, 1997, additional subpoenas were issued for  J. F. Duff, Jr.’s, appearance at depositions in Chicago, Illinois, scheduled for February 27, May 21, and June 17, 1997.  Attempts by Mr. O’Rourke and others to locate and serve J. F. Duff, Jr., with such subpoenas in Chicago were unsuccessful.  IX49, O’Rourke Declaration, ¶¶ 8-9.

         48.  On or about June 26, 1997, Mr. Calihan informed Mr. O’Rourke that he knew an investigation was being conducted to locate and serve J. F. Duff, Jr., and that his client had agreed to accept service.  On June 27, 1997, J. F. Duff, Jr., was served with a subpoena issued June 20, 1997, on the Investigations Officer’s application scheduling his deposition for July 9, 1997.  IX49, O’Rourke Declaration, ¶ 10.

                  (a)  On or about July 1, 1997, J. F. Duff, Jr., informed the Office of the Monitor by letter dated July 1, 1997, that he did not intend to appear for the scheduled July 9, 1997, deposition.  IX53.

                  (b)  On or about July 2, 1997, I informed J. F. Duff, Jr., by letter dated July 2, 1997, that if he failed to appear at his scheduled July 9, 1997, deposition, the Office of the Monitor would request the United States Attorney’s Office in New Jersey to file a motion before the Honorable Garrett E. Brown, Jr., the judge presiding over the Consent Decree, for an order to show cause why he should not be held in contempt.  IX54.

                  (c)  On or about July 7, 1997, James R. Streicker, J. F. Duff, Jr.’s, new attorney, informed the Investigations Officer that J. F. Duff, Jr., would assert his 5th Amendment privilege against self-incrimination to any and all questions put to him during his scheduled July 9, 1997, deposition.  IX55.

         H.  Findings

         49.  I find that during the period from at least 1986 until the present, J. F. Duff, Jr., has knowingly associated with OCG members and associates in the Chicago, Illinois and Hollywood, Florida areas, including Rocco Infelise, Robert Cavone, Scott Stevenson, Anthony Accetturo, Augie Corrao, Vic Lapi, Luther James, Thomas DeMarco, Joseph DeMarco, and Lugano.  I make this finding based upon:  (i) J. F. Duff, Jr.’s, February 1992 trial testimony in U.S. v. Infelise that he bet with Outfit bookmakers and his two meetings with Infelise; (ii) J. F. Duff, Jr.’s, threat to kill Officer Guillermo Berrier and his family during his November 4, 1993, arrest in Miami Beach and his statement that Officer Berrier better listen because he, J. F. Duff, Jr., had connections with organized crime in Chicago; (iii) Lugano’s testimony that J. F. Duff, Jr., was involved in Luther James’ sports bookmaking operation during 1981-1985, 1990-1991 and 1993-1994; (iv) the 1994 FBI investigation confirming J. F. Duff, Jr., ’s involvement in the SAT bookmaking operation; (v) telephone toll records subpoenaed from Bell-South indicating that J. F. Duff, Jr.’s, telephone (954) 458-9529 continued to be involved in a bookmaking operation after the September 5, 1995, entry of the Consent Decree; and (vi) J. F. Duff, Jr.’s, assertion that he would invoke his 5th Amendment privilege against self incrimination to any and all questions during any deposition by the Office of the Monitor.

         50.  I find that J. F. Duff, Jr., was a no-show employee from at least January 1, 1992, until his December 15, 1996 resignation, with the exception of July 7-9, 1992, June 14-19 and August 4-14, 1994.  By “no-show employee”, I mean that J. F. Duff, Jr., performed no meaningful services for the HEREIU during this period.  I make this finding based upon: (i) the testimony and interviews of numerous HERE Local 1 employees, IOs assigned to HERE Local 1 and IOs assigned to Chicago area riverboats, indicating that J. F. Duff, Jr., performed no HEREIU-related services there after the Alton Belle I campaign in 1991 and the Empress Casino Riverboat in Joliet, Illinois on July 7-9, 1992; (ii) the evidence from Lugano, Flynn, the FBI and others indicating that the SAT in Hollywood, Florida was J. F. Duff, Jr.’s, principal residence; (iii) the evidence establishing that J. F. Duff, Jr., was playing Blackjack on Chicago area riverboats on approximately thirty (30) occasions during HERE Local 1 office hours; (iv) J. F. Duff, Jr.’s, international travel to the Bahamas and elsewhere when he was ostensibly at staff meetings in HERE Local 1; (v) J. F. Duff, Jr.’s, failure to submit any requests for reimbursement of expenses incurred in HEREIU organizing activity; (vi) the HEREIU’s staff mode of communicating with J. F. Duff, Jr., through Distillery Workers Local 3, instead of HERE Local 1, where he was supposedly working; and (vii) J. F. Duff, Jr.’s, invocation of his 5th Amendment privilege with respect to these matters.  I make this finding also based upon J. F. Duff, Jr.’s, false OWRs.  As discussed at pp. 26-29, infra, they are vacuous and bogus because J. F. Duff, Jr., had nothing to say.  Since he was not doing any work for the HEREIU, he had nothing specific or descriptive to put down.

         51.  Based upon the foregoing, I find that J. F. Duff, Jr., embezzled approximately $172,930 from the HEREIU in the form of salary received for services not performed.  Given this finding, the HEREIU General Executive Board may wish to consider filing an action under Title 29 U.S.C., § 501(b), to recover these funds from J. F. Duff, Jr., and any former or present HEREIU officials who knew or should have known that J. F. Duff, Jr., was a no-show employee.¹⁴/

         52.  I find that all of J. F. Duff, Jr.’s, OWRs representing that he was attending staff meetings and making office calls at HERE Local 1 in Chicago during the period from July 1, 1992, until his resignation on December 15, 1996, are false.  I make this finding based upon:  (i) the testimony and interviews of numerous HERE Local 1 employees, IOs assigned to HERE Local 1 and IOs assigned to Chicago area riverboats that J. F. Duff, Jr., performed no HEREIU-related services during this period; (ii) the testimony of Lugano and information received from eleven (11) SAT employees and/or residents that the SAT in Hollywood, Florida was J. F. Duff, Jr.’s, principal residence during this five (5) year period; (iii) the evidence establishing that J. F. Duff, Jr., was playing Blackjack on Chicago area riverboats on approximately thirty (30) occasions during normal working hours; (iv)  the extrinsic evidence establishing his presence in Florida on November 4, 1993, and March 22, 1994, in connection with his arrest and the proceedings in State of Florida v. James Duff; (v) the extrinsic evidence establishing his international travel to the Bahamas on April 19, 1994; June 22, 1994; January 17, 1995;  and November 3, 1995; (vi) the vacuous and bogus nature of the information set forth in J. F. Duff, Jr.’s, OWRs; and (vii) J. F. Duff, Jr.’s, invocation of his 5th Amendment privilege at his scheduled deposition on these matters.

         53.  The Consent Decree, entered on September 5, 1995 in United States of America v. Hotel Employees and Restaurant Employees International Union, Inc., Civil Action No. 95-4596 (GEB), in the United States District Court for the District of New Jersey, ¶ 17, grants the Monitor unfettered access to “all . . . officials, agents, employees, and members of the HEREIU and its constituent entities to advance the remedial objective of this action.”  As of September 5, 1995, the Consent Decree, ¶ 5, permanently enjoined “all current and future officers, agents, employees, representatives and persons holding positions of trust in the HEREIU . . . from obstructing or otherwise interfering directly or indirectly, with the efforts of anyone effectuating or attempting to effectuate the terms of this Consent Decree . . .”  I find that J. F. Duff, Jr., obstructed the Office of the Monitors efforts to effectuate the terms of the Consent Decree, first, by refusing to be interviewed, by avoiding service of a subpoena compelling his appearance at a deposition by the Office of the Monitor and, finally, by asserting he would invoke his 5th Amendment privilege when compelled to appear.

IV.  CONCLUSIONS OF LAW

 

CHARGE I

John F. Duff, Jr.’s, Knowing

 Association  With Organized Crime

         To sustain his charge that J. F. Duff, Jr., knowingly associated with OCG members and associates, the Investigations Officer must establish that Respondent J. F. Duff, Jr., knew or should have known that persons with whom he has associated or is associating are OCG members or associates and such association is more than fleeting.  See Consent Decree, ¶ 6.  Just cause must be established by a “preponderance of the evidence.”  See, e.g., United States v. International Brotherhood of Teamsters, 754 F. Supp. 333, 337-338 (S.D.N.Y. 1990) (District Court upheld IBT-IA’s decision to apply a “preponderance of the evidence” standard in determining just cause).  See, also,  United States v. International Brotherhood of Teamsters, 964 F. 2d 1308, 1312-1313 (2d Cir. 1992) (Court upheld IBT IA’s lifetime suspension of union president based upon FBI agent’s declaration incorporating FBI surveillance reports and three hearsay statements made by former LCN members); United States v. International Brotherhood of Teamsters, 745 F. Supp. 189, 192-193 (S.D.N.Y. 1990) (FBI exhibits surveillance and expert conclusions detailed extensive ties between local union official and LCN); United States v. International Brotherhood of Teamsters, 745 F. Supp. 908, 917 (S.D.N.Y. 1990), aff’d, 941 F.2d 1292, 1297-1298 (2d Cir. 1991) (IBT IA’s imposition of lifetime suspension supported by FBI affidavit based on multiple corroborating sources, including hearsay statements); United States v. International Brotherhood of Teamsters, 764 F. Supp. 797, 802 (S.D.N.Y. 1991) (FBI affidavit, incorporating corroborating hearsay statements, established union official’s ongoing personal contact with five organized crime members); United States v. International Brotherhood of Teamsters, 782 F. Supp. 238, 242 (S.D.N.Y. 1992) (Hearsay statements presented by FBI agent established union official’s tolerance of LCN members’ continued presence at union hall); United States v. International Brotherhood of Teamsters, 824 F. Supp. 410, 415-417 (S.D.N.Y. 1993) (IBT IA did not err in concluding that union bookkeeper engaged in long-term relationships with individual he knew had ties to organized crime).

         I have found that J. F. Duff, Jr., knowingly associated with Chicago area OCG members and associates, including Rocky Infelise, Robert Cavone and Scott Stevenson, from 1986 until at least November 1993.  See ¶ 49.  This finding is based upon J. F. Duff, Jr.’s, own testimony during the trial of Rocky Infelise in United States v. Infelise, supra, and his threats during his November 4, 1993, arrest that Officer Berrier better let him go because of his connections to organized crime in Chicago.

         I have also found that J. F. Duff, Jr., was involved in a sports bookmaking operation from at least 1992 until after September 1995, and that he knowingly associated with a number of OCG members and associates involved in the Hollywood, Florida-based bookmaking operation, including James, Accetturo, Corrao, Lapi, Joseph DeMarco, Thomas DeMarco and Lugano.

         I infer that J. F. Duff, Jr., used the name “James Duff” in State of Florida v. James Duff, F. 93-37284, to conceal the fact that he was a Florida-based sports bookmaker.  When arrested, he refused to give his address (also, the location of the bookmaking operation), his occupation (for understandable reasons) and any other personal information.  From November 4, 1993, until March 22, 1994, J. F. Duff, Jr., was content to perpetrate the fraud that he was “James” upon the court, the prosecuting attorneys office and his own attorney -- even to the extent of signing the Deferred Prosecution Agreement and Speedy Trial Waiver, as “James” Duff.  Finally, when interviewed by the Advocate Program, Inc., he owned up to being “John F. Duff” in order to participate in the pre-trial diversion program.  When J. F. Duff, Jr., signed his contract with the Advocate Program, Inc., he listed his occupation as a Distillery Workers Distillery Workers Local 3 officer and represented -- in my view, falsely -- that his hours were from 7:00 am until 6:00 pm.  J. F. Duff, Jr., never mentioned his employment as a HEREIU International Organizer presumably because explaining how he could hold two full-time jobs with two different unions would have been problematic.

         By letter dated February 10, 1997, the Investigations Officer informed J. F. Duff, Jr., that he wished to question him about a number of subjects, including his possible association with certain alleged OCG members and associates.  By letter dated July 9, 1997, J. F. Duff, Jr.’s lawyer, James R. Streicker, notified me that J. F. Duff, Jr., would assert his 5th Amendment privilege in response to the Investigations Officer’s questions.  IX55.  J. F. Duff, Jr.’s, decision to assert his 5th Amendment privilege against self-incrimination in response to the Investigations Officer’s questions about his continuing ties to OCGs in conjunction with other evidence, permits me, however, to draw an adverse inference that he continues to knowingly associate with OCG members and associates.  Baxter v. Palmigiano, 425 U.S. 308, 318 (1976) (Defendant’s silence in civil proceeding, in conjunction with other evidence, may be used to support adverse inference against him); United States v. Stelmokas, 100 F.3d 302, cert. denied, 137 L. Ed. 2d 1060 (1996) (Upholding district court’s decision drawing adverse factual inferences against individuals who invoked 5th Amendment in deportation proceeding where independent evidence supported negative inferences).

         In sum, there is abundant evidence that J. F. Duff, Jr., was involved with OCG members and associates in Chicago and Florida for nine (9) years prior to the entry of the Consent Decree and no evidence that he has ever severed those relationships.  Instead of testifying that he has, in fact, severed these relationships or explain them, J. F. Duff, Jr., chose to assert his 5th Amendment privilege.

         Based upon such evidence, I conclude that J. F. Duff, Jr., knowingly associated with OCG members and associates both, before and after, entry of the Consent Decree, in violation of the decree’s injunctive prohibitions, ¶¶ 5, 12, 13 and 14, and the HEREIU Constitution, Article XXIV, §§ 1(b), 1(h) and 1(j), and Article XXII, §§ V.A. 2 and 3, by bringing the union into disrepute.

CHARGE II

John F. Duff, Jr.’s, Embezzlement

of His HEREIU Salary

         The evidence that J. F. Duff, Jr., was a no-show employee is inescapable.  The HEREIU’s Midwestern Regional Office and HERE Local 1 both maintained offices at 55 West Van Buren in Chicago.  Theresa Scimeca, former General President E.T. Hanley’s Administrative Assistant in the Midwestern Regional Office from 1989 until the present, knows J. F. Duff, Jr., but never knew he was on the HEREIU payroll.  Three HERE Local 1 Executive B members who knew J. F. Duff, Jr., including the Treasurer, James Dyson, were unaware of any affiliation between J. F. Duff, Jr., and the HEREIU.  HERE Local 1's Office Manager from 1989 until present, Judy McDonald, said she didn’t know J. F. Duff, Jr., personally and he never had an office there.

         Sam Louis, Michael Romanelli, Robert Babowice, and Willard Sheldon were all HERE Local 1 Business Agents or IOs assigned to HERE Local 1.  All know J. F. Duff, Jr., but none knew of any affiliation between J. F. Duff, Jr., and the HEREIU.

         T. W. Hanley testified that J. F. Duff, Jr., worked on both the Casino Queen and Hollywood Casino organizing campaigns.  Teresa Shannon and Angela Chavez, IOs who worked on both the Casino Queen and Hollywood Casino organizing campaigns, have never met or heard of J. F. Duff, Jr.  Seven additional International Organizers who worked on the Hollywood Casino organizing campaign have never met or heard of J. F. Duff, Jr.

         In sum, eighteen (18) individuals affiliated in one way or another with HERE Local 1 during the relevant time period either didn’t know J. F. Duff, Jr., was affiliated with the HEREIU, never met him, and/or never heard of him.

         I conclude J. F. Duff, Jr., was a “no-show” employee from at least July 10, 1992, until December 15, 1996.

         I find it telling that J. F. Duff, Jr., failed to submit any monthly expense reports to the HEREIU throughout his seven year career as an International Organizer.  Surely, if J. F. Duff, Jr., had been out there organizing, he would have incurred some expenses and sought reimbursement for these expenses. 

         In addition, I infer that the HEREIU routinely sent J. F. Duff Jr.’s, checks to Distillery Workers Local 3 and corresponded with him c/o Distillery Workers Local 3 because he wasn’t at HERE Local 1.

         Based upon Lugano’s testimony, the evidence gathered by the FBI and Investigator Flynn, and the absence of any meaningful evidence of services performed for the HEREIU, I infer that J. F. Duff, Jr., was primarily a Florida-based sports bookmaker and gambler who collected a HEREIU paycheck because his father, J. F. Duff, Sr., was a longstanding friend of former General President E.T. Hanley.

         Considering the above evidence, his false OWRs and his invocation of his 5th Amendment privilege, I conclude that J. F. Duff, Jr., was a “no-show” HEREIU employee.  I conclude also that he acted with the fraudulent intent necessary to violate Title 29 U.S.C., § 501(c), in embezzling approximately $172,930 in HEREIU salary from 1992 until 1996.  See, e.g., United States v. Oliva, 46 F.2d 320,324 (3d Cir. 1995) (Court held that the fact finder should look at all evidence in light of all circumstances to determine whether the government has proven the requisite intent to violate § 501(c)).  J. F. Duff  Jr.’s, embezzlement of HEREIU funds is also subject to disciplinary action under the HEREIU Constitution, Article XXII, § 1(e), which prohibits misappropriation, fraud or financial malpractice.

         Pursuant to ¶ 5 of the Consent Decree, J. F. Duff Jr., is permanently enjoined from committing any crime listed in Title 18 U.S.C., § 1961(1), including Title 18 U.S.C., 501(c).  Thus, J. F. Duff Jr.’s, continuing receipt of his $35,125 salary after September 5, 1995, was a violation of ¶¶ 5, 12, 13 and 14 of the Consent Decree.

 

CHARGE III

J. F. Duff Jr.’s, False Statements and

Entries in Organizer Weekly Reports

         For the reasons set forth in Section IV.B, supra, I conclude that the Investigations Officer has proven beyond doubt -- reasonable or otherwise -- that J. F. Duff, Jr.’s OWRs from July 10,  1992, until December 15, 1996, are false.  J. F. Duff, Jr.’s, knowing and willful submission of false OWRs caused false statements and entries to be made in the LM-2 reports required to be kept under Title II of the Labor Management Relations Development Act, in violation of Title 29 U.S.C., §§ 439(b) and 439(c).  J. F. Duff, Jr.’s, continuing submission of false OWRs after the September 5, 1995, contravened ¶ 13 of  the Consent Decree which prohibited him from violating any criminal law involving the operation of a labor union.

 

CHARGE IV

J. F. Duff Jr.’s, Obstruction of  Efforts

to Effectuate the Consent Decree

         The Consent Decree, ¶ 9.a., grants the Monitor authority to investigate, audit and review “all aspects of the HEREIU and its constituent entities to advance its remedial objectives”, including conducting sworn depositions.  Moreover, ¶ 17 grants the Monitor “unfettered access to . . . agents, employees, and members of the HEREIU and its constituent entities” to advance the remedial objective of the Consent Decree.  Paragraph 2 makes it clear that the Consent Decree is “binding upon all persons who have or may have any connection to the HEREIU and its constituent entities . . ..”

         Paragraph 5.d. enjoins current and future officers, agents, employees, representatives and persons holding positions of trust in the HEREIU or its constituent entities from “obstructing or otherwise interfering, directly or indirectly, with the efforts of anyone effectuating or attempting to effectuate the terms of [the] Consent Decree.”

         In the instant case, J. F. Duff, Jr., resigned as an IO of the HEREIU on December 9, 1996, effective December 15, 1996, six (6) days after investigators for the Office of the Monitor questioned T. W. Hanley about J. F. Duff, Jr.’s, OWRs and his November 4, 1993, arrest in Miami.  On June 27, 1997, J. F. Duff, Jr., was subpoenaed to participate in a sworn deposition and answer questions on a number of subjects, including the possible influence of OCG over the HEREIU and/or HERE Local 1. The Investigations Officer notified J. F. Duff, Jr., that he intended to question him about whether he was a “no show” or “partial show” employee of the HEREIU, about his OWRs reports, and his association with OCG members and associates.  J. F. Duff, Jr., refused to appear at his deposition and asserted his 5th Amendment privilege against self-incrimination, despite having been warned that his refusal to answer would result in the filing of disciplinary charges against him.

         I conclude that J. F. Duff, Jr., violated the Consent Decree, ¶ 5.d., by refusing to answer questions, inter alia, about the possible influence of OCGs over the HEREIU and/or HERE Local 1, and just cause exists to impose disciplinary action against him under ¶¶ 12, 13 and 14 of the Consent Decree.

         I find that the Investigations Officer has established the facts set forth in ¶¶ 49 through 43 and the charges by a preponderance of the evidence.  Even if I were to conclude that the Investigations Officer is required to prove the charges by clear and convincing evidence, I would find that the Investigations Officer has met such a standard. ¹⁵/

V.  PENALTIES

         Given John F. Duff, Jr.’s association with OCG members and associates, his embezzlement of at least approximately $172,930 of his IO’s salary, his submission of false OWRs, and his obstruction of the Office of the Monitor’s investigation of possible Chicago LCN influence over the HEREIU, I have concluded that he should be barred from any participation whatsoever in HEREIU affairs for life in order to ensure that the HEREIU and its constituent entities are free from the influence of corrupting elements in the future.  Thus, I hereby bar J. F. Duff, Jr., permanently from membership, office, employment and any other position of trust, or consulting or similar relationship, whether paid or unpaid, in the HEREIU and any of its constituent entities, including, but not limited to, HERE Local 1.

         Neither the HEREIU nor any affiliated entity are to pay J. F. Duff, Jr., any benefits, salary, bonuses, severance payments, vacation pay, gifts, or gratuities or other payments of any kind whatsoever, except for any fully-vested employee retirement benefits subject to Title I of the Employee Retirement Income Security Act, Title 29 U.S.C., § 1001, et seq.

         This decision is final and binding subject to review by the Honorable Garrett E. Brown, Jr., United States District Court Judge for the District of New Jersey, upon appeal of the decision by J. F. Duff, Jr.  Respondent J. F. Duff, Jr., has thirty (30) days after being served with a copy of this decision to file an appeal with Judge Brown.

 

 

 

 

                                                               ______________________________

                                                               Kurt W. Muellenberg

 

 

DATED:  January 17, 2000