Union Corruption Update

Since 1997, NLPC has become a high-profile and credible source for information about America’s labor unions through our publication Union Corruption Update.

The newsletter has been referenced in many other media outlets including the New York Times, Chicago Tribune and National Journal.

Buffalo Pension Fund in Trouble

The pension fund of United Bhd. of Carpenters Local 9 in Cheektowaga, N.Y., faces a multimillion-dollar funding shortfall and is predicted to go broke in nine years. Local 9 boss and head of the Buffalo Carpenters Pension Fund, Thomas W. Burke alleged there was no wrongdoing, but the fund hired the law firm Levy, Ratner & Behroozi to investigate the debacle. The fund has $25.7 million in assets and owes $58 million to retirees. The fund expenses outpaced its income by $1.7 million a year. [Buffalo News 6/21/99]

Florida NEA Appeals Pro-Work Ruling

The Florida Teaching Profession-Nat. Education Ass'n has appealed a recent ruling by the Fla. Elections Commission that, if upheld, could have far-reaching implications in the way labor unions collect political contributions. The Commission ruled that teacher unions are breaking the law when they give employees forms at work to make campaign donations.

FTP-NEA has halted its statewide practice of asking new members, while at work, to make donations to
political accounts. Campaign solicitations are sent instead to employees at their homes. The union has not refrained from collecting political funds through payroll deductions, which many contend is illegal under the ruling.

Indiana Dems Flip Out over Endorsement

The Indianapolis Fraternal Order of Police, angered that the Marion County Democratic Party has accused it of
corruption and cronyism, is demanding an apology. A defiant party chairman Steve Laudig has refused to apologize. And, no apology, means no recommendations of endorsements for Democratic City-County Council candidates says FOP boss Dave Young. The brouhaha began when FOP voted to endorse Republican Sue Anne Gilroy for mayor over Democrat Bart Peterson.

Democrats immediately raised questions about how the vote was conducted. The decision was by a voice vote at a firefighters' union hall rather than at their own lodge, with at least some members mistakenly told the vote would be taken over three hours. The Democrats issued a media release sent by e-mail by Laudig on Jun. 14: "Thirty years of cronyism, corruption and incompetence were underlined by the questionable FOP endorsement of the Republican mayoral candidate," Laudig wrote. The release also questions the fairness of the FOP endorsement and suggests that the bosses are racist.

Questionable Boss wins spot in New York Run-Off

Members of N.Y.'s Uniformed Firefighters Ass'n did not reelect Kevin Gallagher president Jun. 11, but he did get a plurality of the votes, forcing a run-off. Gallagher received 2,978 votes and will face ex-boss John Aragona, who won 2,211 votes. Sources familiar with the union, which has had five presidents in the 1990s, said the strong showing by Aragona was surprising, given his questionable past. The N.Y. Fire Commissioner Tom Von Essen, said in 1994 while he was union president that Aragona, then treasurer, was responsible for hiring a bookkeeper who was later indicted for embezzling at least $375,000 from the union. [Newsday 6/19/99]

Philadelphia Local Loses Dues Case

U.S. Dist. Judge Stewart Dalzell in Philadelphia approved Jun. 9 an $80,000 settlement of firefighters' claims that the City and Int'l Ass'n of Fire Fighters Local 22 illegally deducted nonmember agency fees without providing notice or the opportunity to challenge the amount. Class representatives John Hunter and David Casper contended that the city and the union violated nonmembers' rights under the 1st and 14th Amendments by failing to comply with the procedural safeguards mandated by the U.S. Supreme Court in Chicago Teachers Union Local 1 v. Hudson. Hudson held that employees who are not union members can be required to contribute to a union's expenses for acting as the exclusive bargaining representative but not expenses related to political and ideological activities.

Bosses and Union Liable for $45.5 Million

On Jun. 23, U.S. Dist. Judge Joe Kendall in Dallas held the Allied Pilots Ass'n, its president, Rich LaVoy, and its vice-president, Brian Mayhew, jointly and severally liable for $45.5 million in damages for violating a court order to call off a sickout against American Airlines, Inc., in Feb. 1999. The amount was aimed at compensating American for the losses sustained by canceling thousands of flights. "By their deliberate and contemptuous actions, these Defendants inflicted millions of dollars in financial losses on Plaintiff American and needlessly disrupted the lives of hundreds of thousands of travelers," wrote Kendall.

LaVoy had the audacity to lash out at a U.S. Dist. Judge for enforcing a court order. LaVoy accused Kendall  of making "highly derogatory and totally gratuitous remarks" and portraying the pilots as undeserving of sympathy. APA said that Kendall appeared more interested in pushing "political hot buttons."  Talk about the pot calling the kettle black.

Trusteeship Imposed on Texas Local

IBT imposed a trusteeship Jun. 18 on Local 19 in Grapevine, Tex. J.D. Potter headed Local 19 who was disqualified from holding office for campaign finance violations and was a running mate of IBT boss James P. Hoffa. The justification for the takeover was the local leadership's failure to adequately serve the members. Louisville, Ky., Local 2727 boss, Joe Darmento was named trustee and Local 19 business manager Mike Ellison, deputy trustee. IBT spokesman Bret Caldwell said the decision to move against a former campaign slate member shows that the Hoffa administration is prepared to take action regardless of the local leadership. "This is not politics," he said. "We're here for the members." Potter also faces pending IRB charges of lying to election officials and IRB investigators about his campaign contributions. [BNA 6/22/99]

New York "Consultant" Paid $4,000 a Week

Bruce Gelbard, a N.Y.C. Board of Education official ousted in 1996, landed on the payroll of an AFSCME Dist. Council 37 Local 372 earning $24,000 in six weeks. Gelbard was booted by Mayor Rudy Giuliani in Jul. 1996 for trying to block reforms. Officials at DC37 recently confirmed that Gelbard collected $4,000 a week for six weeks starting Oct. 31, 1996, as a "consultant" to Local 372. But no one can say what he did to earn the fee.  The person allegedly responsible for hiring Gelbard was Local 372's ex-boss Charles Hughes who was indicted in May 1999 for embezzling $2.7 million from the union. [N.Y. Post 6/23/99]

Indictment Total Reaches 27 in New York's Corrupt DC37

On Jun. 15, Manhattan Dist. Atty. Robert M. Morgenthau indicted nine more bosses of the Am. Fed. of State, County & Municipal Employees Dist. Council 37 on union corruption charges, bringing to the number of bosses indicted in the recent scandal to a shocking 27.

Albert A. Diop, ex-Local 1549 president, was accused of directing an elaborate fraud resulting in the ratification of DC37's 1996 contract with N.Y.C. Martin Lubin, DC37 ex-associate director, was also indicted in the voting scheme.  Diop also allegedly stole $1.6 million via various scams: He allegedly spent $270,000 in personal expenses on the union's credit card. He allegedly had the union spend over $500,000 for his penthouse. He allegedly took $817,000 in wrongful "hospitality money." He allegedly used $4,300 in unauthorized union funds for listening devices in DC37 offices after Morgenthau began his probe last year.

Nevada Boss Indicted, Allegedly $53,000 Embezzled in Indiana

An ex-teachers union boss pled innocent Jun. 2 to a 20-count grand jury indictment in U.S. Dist. Court in Fort Wayne, Ind. for union corruption. Steve Confer allegedly embezzled over $53,000 in 1994-96 while treasurer of the Professional Service Org. of the Ind. State Teachers Ass'n.  Confer moved to Las Vegas in 1996, becoming exec. director of the Clark County Edu. Ass'n -- the second largest Nat. Edu. Ass'n chapter. He resigned from that post in 1998.

Confer allegedly wrote himself $45,300 in checks and charged $7,800 on the union's credit card for personal purposes. PSO sought to recover the funds. Reportedly, Confer settled by repaying the disputed amount in a 1997 agreement. But a private settlement doesn't shelter Confer from prosecution. He faces a life ban from union office as well as 5 years in prison or a $10,000 fine for each charge. [Las Vegas Review-Journal 6/3/99]

Coia's Rhode Island Friend Off on Technicality

A state Ethics Commission probe into Frank E. Corrente -- senior aide to Providence, R.I., Mayor Vincent A. Cianci Jr. -- suspiciously came to an end just a few days before he announced his retirement Jun. 9. The probe was into Corrente's business dealings with the Laborers' Int'l Union of No. Am. Corrente had faced a $25,000 fine.

The three-year probe looked into whether a conflict-of-interest existed when a Corrente partnership sold an building to a subsidiary of LIUNA's legal fund for $2.3 million in 1994. At the time of the sale, Corrente was the City's chief negotiator with LIUNA Local 1033. He was actively working on a new contract that included the City's payment into LIUNA's legal fund.

One of Corrente's partners in the real estate venture was his long-time friend --  LIUNA top boss Arthur A. Coia.  Additionally, Corrente's son, Darren Corrente, is a member of Coia's law firm, Coia & Lepore, which received income from the same LIUNA legal fund.

Rhode Island Union Sues Ex-Boss for $36,000

The E. Providence, R.I., Fraternal Order of Police filed suit Jun. 3 against its ex-boss Alan A. Gouveia, alleging that he "misappropriated, embezzled, stole or converted" at least $36,000 of union funds for personal use in 1994-96. FOP is seeking to recover the full $36,000 plus: punitive damages, an accounting of improperly taken or received property and funds, audit expenses, return of all FOP records and attorneys' fees.

The suit claims Gouveia "routinely skimmed a portion of the dues proceeds from the City" by cashing the checks at a credit union and pocketing some of the money for himself. The suit also alleges that on various dates in 1994-96, he withdrew cash, up to $1,500 at a time, from FOP accounts without supporting documentation. [Providence Journal-Bulletin 6/4/99]

Supervision over Kentucky AFL-CIO to End

AFL-CIO's nine-month "emergency monitorship" over the Ky. AFL-CIO will reportedly end next month after the state federation holds a rescheduled convention. But, the Ky. State Police and the FBI are still investigating a Sep. 4, 1998 arson that destroyed records at the federation's Frankfort office and an Aug. 10 burglary of records, as well as hundreds of thousands of missing dollars. The convention was originally scheduled for Oct. 1998, but delayed by the scandal.

Ky. AFL-CIO bosses Bobby Curtis, Bobby Barnett and Ron Cyrus were suspended in Oct. 1998 and taken off the payroll in Dec. 1998. The day after the monitorship was imposed, Ky. AFL-CIO bookkeeper Donna Bayless disappeared. Her stepson found her body four days later on a remote piece of family property. In Mar. 1999, a Ky. jury unanimously ruled the death a suicide. Federation records show that its check-writing machine was used to pay Bayless and her husband, ex-Ky. AFL-CIO political dir. Morgan Bayless, about $285,000 more than their salaries since 1995. AFL-CIO has sued Morgan Bayless and Donna Bayless' estate to recover the missing funds. [Lexington Herald-Leader 6/9/99]

Kentucky Bosses, Politicos' Indictments Dismissed

The campaign-finance indictments of Ky. Democratic Gov. Paul Patton's two top aides and two Teamsters bosses were controversially dismissed Jun. 3 by Ky. Circuit Judge William Trude, Jr. The four are: Skipper Martin, Patton's chief of staff and 1995 campaign manager; Danny Ross, Patton's labor liaison who ran a pro-Patton campaign for the Teamsters and the AFL-CIO between stints on Patton's state payroll; Lon Fields, ex-boss of Teamsters Local 89 in Louisville, where Ross ran the campaign; and Robert Winstead, secretary-treasurer of Local 89 and recording secretary of the Teamsters' state council, through which the national union paid for Ross' campaign work. A special grand jury indicted the four for allegedly violating campaign finance laws by secretly arranging the Teamsters' employment of Ross for pro-Patton efforts in the 1995 election, in which Patton beat Republican Larry Forgy by 21,560 votes, 2.2 percent of the total. Patton is up for reelection this year.

Maine Boss Fired for Lying

Timothy Smith, a Cumberland County Jail correctional officer at the Cumberland County Jail and a high-ranking official of an unidentified union, was accused of vandalizing property and then lying about it in an attempted cover-up and was fired Jun. 4 by Cumberland County Sheriff Mark Dion. Smith also faces misdemeanor charges for criminal mischief and criminal conspiracy to file false public reports. Smith's union was reportedly upset when told about the firing, especially since Smith was the jail's union steward.

According to jail officials, an investigation began last fall after a feud among members of a fantasy baseball league exploded into alleged criminal behavior. Smith's league broke down in acrimony because of, among other things, a disputed trade between teams within the league, as well as a controversial ruling by the league's "commissioner." Smith allegedly vandalized the car of Johnny Booker, a league member, and allegedly sprayed graffiti and damaged the league's office, which was rented in Booker's name.

Firing of Miners for Wrongful Protest Upheld

The Fourth Circuit Court of Appeals upheld an arbitrator's ruling that Island Creek Coal Co. was within its rights to fire two United Mine Workers from Local 7555 for picketing. The ruling was based on the collective bargaining agreement and was not based on the arbitrator's own sense of justice. In Mar. 1997, a group of miners gathered near company property to protest. Some of the protesters told supervisors that they were going to stop work at the plant if they did not get answers about disputed pay issues. The five-day protest caused Island Creek employees and other contract employees to stop working resulting in the plant losing two full days and three partial days of production. The company identified protesting miners and discharged them.

Two More Guilty Pleas in New York's DC37

Am. Fed. of State, County & Municipal Employees' Dist. Council 37 suffered two more guilty pleas from Local 1549 bosses Robert F. Myers, on May 26, and James Edey, on Jun. 2. Now six AFSCME bosses have pled guilty to union corruption and nine have been indicted.

Myers pled guilty to using the union's credit card for personal expenditures that he never repaid and stole over $50,000 in personal "hospitality money." Myers made nearly $200,000 for being the treasurer of Local 1549 and DC37 and is the highest ranking DC37 boss to plead guilty to date. He was a close associate of the indicted and expelled top boss Albert A. Diop. Edey pled guilty to similar charges. Both were ousted from AFSCME in Apr. after the union's judicial panel found that Myers received $134,100 in unexplained "hospitality expenses." The panel also found that Edey received $63,925 and charged $143,819 on the local's credit card including $17,363 for clothing. [N.Y. Times, Newsday 5/27 & 6/3/99, N.Y. Post 5/27/99]

Florida Local Fights DC79, Withholds $50,000 in Dues

AFSCME Local 532 in Ft. Lauderdale, Fla. has gone to war against AFSCME Dist. Council 79. Since Sep. 1998, Local 532 has refused to pay its monthly dues to the statewide DC79. At $11.65 per month for each of the 500 members, the total owed is about $50,000. DC79 suspended Local 532 in Jan., and the national AFSCME in Washington warned that the local could be placed in administratorship.

Local 532 boss Catherine Dunn claims that DC79 isn't providing the required services in return for the dues. For several years Local 532 has handled its own copying and mailing costs, settled its own employee grievances, negotiated its own contracts and paid for its own office space. Local 532 is holding the $50,000 in escrow until changes are made. "What we're trying to do is get somebody's attention," Dunn said. DC79 has refused to respond.

Chicago's Local 2 In "Emergency" Trusteeship

Laborers Int'l Union of No. Am. Local 2 in Chicago was placed under an "emergency" trusteeship May 24 by the union's "internal reform effort" and its ethically challenged "in-house prosecutor" Robert D. Luskin. The action means that LIUNA will replace the local's elected leaders with hand-picked successors. A cited reason for the impatient action was the May 12 expulsion of Local 2 boss John Matassa for alleged mob ties. Local 2 and Matassa became Luskin latest cause célèbre on Apr. 23 when he began the slower process of filing for a nonemergency trusteeship. Curiously, despite the rush to justice, Matassa wasn't cited in the Dep't of Justice's 1994 draft racketeering complaint against LIUNA even though Matassa ran Local 2 since the mid-1980s.

Massachusetts Boss Gets 3 Months for Theft

William Ciepiela, ex-boss of the United Ass'n of Journeymen of the Plumbing & Pipe Fitting Indus. Local 151 in Pittsfield, Mass., was sentenced May 26 to three months in prison and three months of home detention for embezzling $92,000 from union member pensions, according U.S. Atty. Donald K. Stern's statement. Ciepiela was ordered to pay restitution but was not fined. He pled guilty in Feb. and had faced ten years and a $500,000 fine. The boss transferred money from the union's two ERISA plans to a general fund monthly from Jul. 1993-Dec. 1994. He then wrote checks to himself from the general fund. Stern said, "It is essential to protect workers' health plans and retirement plans from abuse by those entrusted with administering them. Workers are entitled to expect that the funds, deposited on their behalf, will be available when needed."

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