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Bureau of National Affairs labor report 1/05/2004

Laborers Union Seeks Trusteeship of                                 
 Chicago Local Suspected of Organized Crime  Affiliations                                               
                                                            

                  CHICAGO--A battle is shaping up between
                  the Laborers International Union of North
                  America and Local 1001, long reputed to be
                  a hotbed of organized crime activity, as
                  the international union attempts to impose
                  a trusteeship on the Chicago-based local.


                  Representatives of the local told BNA Dec.
                  22 they will vigorously fight LIUNA 's
                  trusteeship complaint, asserting that the
                  international union has pieced together a
                  case based on uncorroborated allegations
                  and flimsy evidence. The local represents
                  approximately 2,700 laborers. Most of the
                  local's members are employees of the city
                  of Chicago's sanitation, aviation, and
                  transportation departments.


                  But LIUNA 's Office of the General
                  Executive Board Attorney, which is
                  responsible for investigating and
                  prosecuting cases of misconduct within the
                  union, insists that Local 1001 has been
                  controlled by La Cosa Nostra (LCN) or the
                  "Outfit," as it is known in Chicago, for
                  more than three decades. During this
                  period, the union alleges, leaders of the
                  local ignored democratic practices and
                  made nearly $1 million in improper
                  payments to pension and health and welfare
                  funds on behalf of nonemployees and known
                  organized crime figures.


                  "Local 1001 has a long history of LCN
                  influence over its affairs," the Office of
                  the GEB Attorney said in its complaint.
                  "LCN associates have served as officers,
                  executive board members, auditors, and
                  business agents of Local 1001 from the
                  1970s to the present. The local has not
                  had a single contested election since at
                  least 1972, and all changes in officers
                  have taken place in midterm appointments."

                       Luskin Filed Complaint Sept. 24

                  Robert Luskin, LIUNA 's GEB attorney,
                  filed a complaint for trusteeship against
                  Local 1001 on Sept. 24. The local's
                  decision to oppose the complaint launched
                  an adjudicatory process through which
                  Luskin must justify a trusteeship. Peter
                  Vaira, LIUNA's independent hearing
                  officer, is overseeing that process.


                  The international union's complaint was
                  filed after talks failed to reach terms
                  with the local on a voluntary supervision
                  agreement. Leaders of the local in January
                  said that they were willing to yield
                  control to former Illinois Attorney
                  General Roland Burris. But Luskin rejected
                  the choice of Burris for the post of
                  supervisor, arguing that he did not have
                  enough labor union experience. (See Tribune article)


                  Chicago attorney Matthias Lydon, who is
                  representing the local in the proceedings,
                  said hearings have been held before Vaira
                  and that both sides are developing final
                  briefs, which are due by Jan. 21. Lydon,
                  of the firm Winston & Strawn LLP, said the
                  local expects Vaira to issue a decision on
                  the trusteeship sometime in February.


                  Luskin's complaint contends that at least
                  10 current or former officers of the local
                  are, or were, associates of the "Outfit."
                  Currently, according to the complaint,
                  four of the six executive board members of
                  Local 1001 are associates of organized
                  crime, including business manager Nicholas
                  Gironda, the local's primary executive.
                  The complaint portrays Gironda as a "bag
                  man"--someone who collects cash payments
                  on behalf of organized crime--for Chicago
                  mob figures and as a known associate of
                  the "Outfit."


                  The complaint also says that Local 1001
                  was the home base of Bruno Caruso, its
                  business manager and president until 2001.
                  Caruso challenged Arthur Coia for the
                  LIUNA presidency in 1996. On Jan. 10,
                  2001, Vaira issued an order that
                  characterized Caruso as a "trusted
                  associate" of the Chicago Outfit and then
                  barred him from the union for life (10 DLR
                  A-6, 1/16/01).

                  Complaint Says Mob Controlled Local for 30
                                    Years

                  The complaint contends that organized
                  crime maintained its control over the
                  local for 30 years by choosing and
                  installing officers and board members
                  through midterm appointments. As a result,
                  the complaint states there has been no
                  contested election for any post at Local
                  1001 since 1972.


                  In addition, the complaint says
                  racketeering activity occurred when
                  pension and health and welfare fund
                  contributions were made on behalf of
                  individuals who were not employees of the
                  local. In total, 33 individuals benefited
                  from this practice. In one case, the local
                  contributed funds for 18 years on behalf a
                  known associate of organized crime who was
                  never employed by the local.


                  The local made improper pension
                  contributions totaling nearly $400,000 to
                  the 33 individuals. Another $434,000 in
                  improper health and welfare contributions
                  were made on behalf of the same 33
                  individuals. Within this group, the
                  complaint says that 13 are known
                  associates of organized crime.


                  The complaint charges that these
                  contributions constitute violations of
                  LIUNA 's ethical code as well as the
                  federal Racketeer Influenced and Corrupt
                  Organization Act, the Employee Retirement
                  Income Security Act, and the Labor
                  Management Reporting and Disclosure Act.

                       Local Says Evidence Not Credible

                  Lydon characterized the GEB attorney's
                  allegations as "outrageous" and said the
                  evidence presented during the hearings
                  thus far has not been credible.


                  "We are unimpressed with the evidence
                  presented by the GEB Attorney," Lydon
                  said. "The testimony about associations
                  with organized crime came from a former
                  FBI agent who said his sources were
                  confidential and couldn't be revealed. A
                  lot of the information was nonspecific and
                  in many cases there was no corroboration."


                  Jim McGough, the leader of a Chicago-based
                  union reform effort known as Laborers for
                  Justice, said Local 1001's legacy of
                  corruption and associations with organized
                  crime is well known in law enforcement
                  circles.


                  "A trusteeship is definitely warranted--no
                  ands, ifs, or buts about it," McGough
                  said. "Of course we need to have a
                  trusteeship that is done properly and
                  professionally."


                        By Michael Bologna
 

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