IBT General President Carey FROM - Combined Counties Police ...
IBT General President Carey FROM - Combined Counties Police ...
IBT General President Carey FROM - Combined Counties Police ...
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TO: <strong>IBT</strong> <strong>General</strong> <strong>President</strong> <strong>Carey</strong><br />
<strong>FROM</strong>: Members of the Independent Review Board<br />
RE: Trusteeship Recommendation Concerning Local 714<br />
DATE: August 5, 1996<br />
I. RECOMMENDATION<br />
The Independent Review Board recommends to the <strong>IBT</strong><br />
<strong>General</strong> <strong>President</strong> that <strong>IBT</strong> Local 714 located in Chicago, Illinois<br />
be placed in trusteeship because the Local is not being run for the<br />
benefit of its members. As detailed below, the Local is being run<br />
for the benefit of its principal officer William Hogan, Jr.,<br />
<strong>President</strong> James M. Hogan, Recording Secretary Robert Hogan and<br />
their family and friends.<br />
Nepotism and favoritism are prominent factors influencing<br />
entry into and work assignments in the Local's trade show/movie<br />
division which refers members to the Local's best jobs. Local<br />
members in positions of authority in that division and their<br />
relatives own businesses which are dependent for profits on Local<br />
714 employers. These business interests with employers were not<br />
disclosed to members.<br />
Moreover, the Local has also entered into several<br />
apparently sham collective bargaining agreements which allowed<br />
management members to become Teamsters and, in one instance,<br />
allowed a company a Hogan relative owned, from the beginning of the<br />
contract until two years later to avoid its contractual obligations<br />
to make health fund contributions.<br />
Accordingly, pursuant to Article VI, Section 5(a) of the
conducted. l Since at least 1961, Local 714 has not held any contested<br />
<strong>IBT</strong> Constitution, a trusteeship is warranted.<br />
II.<br />
SUMMARY<br />
The IRB conducted a thorough investigation of Local 714.<br />
In December 1995, the Local's books and records were examined.<br />
Between January and May 1996, the sworn examinations of 126 Local<br />
714 members and 11 Local officers and business agents were<br />
elections for union office and each member of the current Executive<br />
Board was initially appointed to office. (Ex. 1 at 4-5, 9-10)<br />
Nepotism was an improper influence in appointments to union<br />
positions, obtaining Local employment and in the administration of<br />
the Local's 258-member trade show/movie division. Three relatives<br />
of former principal officer William Hogan, Sr. are Local Executive<br />
Board members originally appointed to fill vacancies: his two sons,<br />
Secretary-Treasurer William Hogan, Jr. and <strong>President</strong> James M.<br />
Hogan, and his grandson, Recording Secretary Robert Hogan. A<br />
fourth relative, his son-in-law Michael Vendafreddo, is a Local<br />
business agent. (Appendix A) Hogan relatives also have the<br />
contract to clean the Local's offices and have been Local clerical<br />
employees.<br />
With respect to the Local's trade show/movie division, as<br />
detailed infra at 23-31, there are no written procedures governing<br />
1<br />
Of the members whose sworn examinations were conducted, 114<br />
were members in the Local's trade show/movie division.<br />
2
how individuals may become part of the division or how the members<br />
are referred to work. Secretary-Treasurer William Hogan, Jr., his<br />
appointed chief steward and his son, trade show/movie division<br />
business agent Robert Hogan, control which individuals will be<br />
allowed to join the division. Family and social relations control<br />
who is permitted to join the division. This is evident in that<br />
half of the individuals permitted to join the Local's trade<br />
show/movie division since January 1993 had ties to the Hogan family<br />
or one of the appointed chief stewards, Michael Hardy or Nick<br />
Boscarino. (Ex. 2) 2 Michael Hardy, the trade show/movie division<br />
chief steward, whom the Local's principal officer appointed and may<br />
remove, controls who in the division is referred to work.<br />
Moreover, relatives and friends of the Hogan family<br />
dominate the authority positions within the Local's trade<br />
show/movie division. Seventy-two percent of the members who have<br />
held positions of authority in the movie industry began working in<br />
the industry through ties to the Hogan family (Ex. 3); over half of<br />
the members who have held authority positions in the trade show<br />
industry have ties to the Hogan family. (Ex. 4) In addition, as<br />
detailed infra at 32, at a minimum, twenty percent of the members<br />
in the trade show/movie division have ties to the Hogan family.<br />
(Ex. 5) 3<br />
As discussed infra at 62-63, the manner in which members<br />
2<br />
Boscarino is the chief steward for Local 714 employer<br />
Rosemont Exposition Services.<br />
3<br />
As detailed infra at 32, this figure is based upon<br />
information known about 136 of the 258 members in the trade<br />
show/movie division. (Ex. 5) As a result, the twenty percent<br />
figure is the minimum percentage of members in that division who<br />
3
Local 714 members do business with his companies.<br />
In addition to the nepotism, favoritism and conflicted<br />
positions in the trade show/movie division, the Local appears to<br />
have allowed ineligible individuals to become members and entered<br />
into sham contracts. For example, Local 714 was unable to provide<br />
a signed collective bargaining agreement for S & J Scrap where two<br />
Local members, Brian and Sheldon Weinberg, were allegedly employed.<br />
As detailed infra at 96-100, the address given for Brian and<br />
Sheldon Weinberg's purported employer was a used car lot. After<br />
IRB inquiries to the Local regarding them, the Weinbergs were<br />
issued withdrawal cards and the Local's Metal Industry Health Fund<br />
filed a complaint against the Weinbergs seeking to recover health<br />
benefits paid on their behalf. 5<br />
Furthermore, without disclosure of the family<br />
relationship to the Local's Executive Board or to the members<br />
employed at the company, Local 714 entered into a collective<br />
bargaining agreement with a company William Hogan, Jr.'s nephew<br />
owned, Convention Cartage Systems, and failed to collect health<br />
benefit premiums from the company for approximately two years.<br />
Maxwell's uncle and cousin, <strong>President</strong> Hogan and Recording Secretary<br />
Hogan, signed the contract on behalf of the Local. Trade<br />
show/movie division steward Robert Hogan also was the business<br />
5 On June 7, 1996, the IRB recommended to the Local 714<br />
Executive Board that the Weinbergs be charged with failing to<br />
cooperate with the IRB by failing to appear for their sworn<br />
examinations without explanation. (Ex. 127) On July 22, 1996, the<br />
Local 714 Executive Board permanently barred the Weinbergs from the<br />
<strong>IBT</strong>. (Ex. 310)<br />
5
agent for his cousin's company.<br />
Since the signing of this<br />
agreement in May 1994, Convention Cartage Systems failed to make<br />
the contractually required contributions for its employees to the<br />
Local 714 Health Fund. Subsequent to the IRB's inquiries regarding<br />
this company, the Local 714 Health Fund filed a complaint seeking<br />
at least $50,000 in back contributions to the Fund.<br />
In addition, the Local entered into a collective<br />
bargaining agreement with a company, Consolidated Film Delivery,<br />
which contained an unusual provision. The agreement provided in<br />
the section dealing with health benefits that "[t]he Company may<br />
include their own office help or any one they choose providing the<br />
law will allow them." (Ex. 128 at 5) An officer of this company<br />
is apparently a member of Local 714 and the steward.<br />
Furthermore, as detailed infra at 100-102, 105, the Local<br />
permitted at least four non-bargaining unit employees to join the<br />
Local apparently for health benefits. As discussed infra at 102-<br />
105, the Local also permitted an individual to join the Local's<br />
trade show/movie division while his criminal appeal was pending and<br />
remain a Local member while he was incarcerated.<br />
The Local has undertaken after the IRB investigation some<br />
claimed remedial actions which appear to lack substance. None of<br />
these claimed reforms address the historic discrimination that has<br />
made membership in the movie and trade show division open to only<br />
a connected few.<br />
The Local has a history of making cosmetic changes in the<br />
face of adverse attention. As discussed infra at 118-120, in the<br />
6
1970s after negative publicity in Chicago papers regarding<br />
organized crime figures employed at McCormick Place, the Local<br />
addressed the problem by planning to temporarily transfer the<br />
identified organized crime figures to less high profile jobs within<br />
the Local until media attention died down.<br />
The Local's lack of commitment to reform itself was also<br />
recently demonstrated after an <strong>IBT</strong> auditor raised with Secretary-<br />
Treasurer Hogan and his brother, <strong>President</strong> Hogan, that Local 714<br />
has not held the number of Executive Board and membership meetings<br />
the <strong>IBT</strong> Constitution required. Compliance was promised. Even<br />
after that, the Local did not comply with the <strong>IBT</strong> Constitutional<br />
requirements.<br />
Accordingly, for all the above reasons as detailed below,<br />
it appears Local 714 should be placed in trusteeship.<br />
III.<br />
INVESTIGATIVE FINDINGS<br />
A. Background<br />
Local 714 has approximately 10,700 members employed at<br />
various Chicago area employers including the Cook County Sheriff's<br />
office, the Cook County Department of Corrections and various<br />
manufacturing companies. (Exs. 131 and 132) Local 714 has<br />
approximately 258 members employed in the trade show and movie<br />
industries. (Ex. 133) The current Local 714 officers are:<br />
Secretary-Treasurer and principal officer William Hogan, Jr.,<br />
<strong>President</strong> James M. Hogan, Recording Secretary Robert Hogan, Vice<br />
<strong>President</strong> Marshall Arrington, and Trustees Robert Riley, Virginia<br />
7
Lee and Michael Hardy. (Ex. 131)<br />
Of the five Executive Board<br />
members who are Local employees, three are related.<br />
William Hogan, Jr., who has been employed at Local 714<br />
since 1961, was appointed Secretary-Treasurer in October 1990 upon<br />
the retirement of his father,-William Hogan, Sr.. (Ex. 1 at 4-5,<br />
7) 6 Hogan's current annual salary from Local 714 is approximately<br />
$124,000. (Ex. 1 at 10-11) In addition, as <strong>President</strong> of Joint<br />
Council 25 he is paid an additional $59,000 a year. (Ex. 1 at 11)<br />
His total annual income from <strong>IBT</strong> entities is approximately<br />
$183,000. (Ex. 1 at 10-12)<br />
James M. Hogan, William Hogan, Jr.'s brother, was<br />
appointed <strong>President</strong> in 1990 to fill the vacancy created when his<br />
father retired and his brother moved from <strong>President</strong> to Secretary-<br />
Treasurer. (Ex. 135 at 8-9) He has worked at Local 714 since 1969.<br />
(Ex. 135 at 6-7) He has been a Trustee on the Local 714 Health and<br />
Welfare Fund since 1990 and a Trustee on the Local 714 Prepaid<br />
Legal Fund from its start in 1979. (Ex. 135 at 12-13) His current<br />
annual salary from Local 714 is approximately $176,000. (Ex. 135 at<br />
12)<br />
Recording Secretary Robert Hogan is the son of the<br />
Secretary-Treasurer and the nephew of the <strong>President</strong>. (Ex. 57 at 3-<br />
4, 7) His grandfather hired him as a business agent in January<br />
6<br />
As detailed infra at 31-35, at least twenty-two of William<br />
Hogan, Jr.'s relatives are Local 714 members. (Ex. 134 and Appendix<br />
A) Three of these relatives are Local employees. In addition, at<br />
a minimum, twenty percent of the members in the Local's trade<br />
show/movie division began working in that division as a result of<br />
connections to the Hogan family. (Ex. 5)<br />
8
1990. (Ex. 136 at 5-6) In late 1990, he was appointed Recording<br />
Secretary. (Ex. 136 at 6) His current annual salary from Local 714<br />
is approximately $59,000. (Ex. 136 at 6)<br />
Vice <strong>President</strong> Marshall Arrington ("Arrington") began as<br />
a business agent in September 1975. (Ex. 137 at 3-4) Prior to<br />
being hired at Local 714, Arrington had been employed as an<br />
organizer at <strong>IBT</strong> Local 743 since March 1970. (Ex. 137 at 3-4)<br />
William Hogan, Sr. hired Arrington to work at Local 714. Arrington<br />
has been the Vice <strong>President</strong> and business agent since approximately<br />
1991. (Ex. 137 at 11) 7 Prior to becoming Vice <strong>President</strong>, Arrington<br />
was a Trustee for three years. (Ex. 137 at 11) Arrington is also<br />
a Trustee on the Local 714 Metal Industry Health Fund. (Ex. 137 at<br />
13) Arrington's current salary from Local 714 is approximately<br />
$80,000. (Ex. 137 at 11-12)<br />
Trustee Robert Riley ("Riley") has been employed at Local<br />
714 since approximately 1982. (Ex. 138 at 7) 8 At that time, then<br />
Secretary-Treasurer William Hogan, Sr. hired Riley as a business<br />
agent after a company Riley co-owned with William Hogan, Jr., James<br />
M. Hogan, their brother Michael Hogan, Sr. and others went out of<br />
7<br />
At least two of Arrington's relatives are Local 714 members.<br />
His son, Terrance Arrington, who works as an extra in the trade<br />
show division (Ex. 137 at 36), also works for Local 714 employer<br />
Overdale. (Ex. 137 at 7-8) Another son, Marshall Arrington, Jr.,<br />
is currently employed at Cozzi Iron and Metal. (Ex. 137 at 8-10)<br />
Arrington is the business agent for Overdale and Cozzi Iron and<br />
recommended to both employers that his sons be hired. (Ex. 137 at<br />
7-11)<br />
8<br />
For two or three years beginning in 1959, Riley was a Local<br />
714 member at Fullerton Metals Company, a Local 714 employer. He<br />
then became the national sales manager for Fullerton Metals, a nonunion<br />
position. (Ex. 138 at 3-4, 11-12)<br />
9
usiness. (Ex. 138 at 7-11) 9<br />
In approximately 1990, Riley was<br />
appointed a Trustee on the Local's Executive Board. (Ex. 138 at 13)<br />
Riley has been a Trustee on the Local 714 Metal Industry Health<br />
Fund for approximately six years. (Ex. 138 at 18) 10<br />
Riley's Local<br />
714 annual salary is approximately $75,000. (Ex. 138 at 14) 11<br />
Trustee Michael Hardy ("Hardy") has been a member in the<br />
Local 714 trade show/movie division since 1976. (Ex. 49 at 3) 12<br />
approximately 1979, Hardy was appointed a Local 714 Trustee. (Ex.<br />
131) 13 Also in approximately 1979, then Secretary-Treasurer<br />
9<br />
The company Riley owned along with members of the Hogan<br />
family was Algonquin Stamping, a metal stamping company which Riley<br />
purchased in approximately 1978. (Ex. 138 at 8) Algonquin<br />
Stamping was a non-union company. (Ex. 138 at 9-10) In<br />
approximately 1980, it filed for bankruptcy and Riley continued<br />
with the company until it closed in 1982. (Ex. 138 at 10)<br />
10 Trustee Riley's brother and son are both Local 714 members.<br />
Riley's brother, Edward, has been a member of Local 714 since<br />
October 1966 when he joined the Local by contacting his neighbor<br />
and friend then Local 714 Secretary-Treasurer William Hogan, Sr..<br />
(Ex. 100 at 3-4) Edward Riley began working in the Local's trade<br />
show/movie division in the early 1970s. (Ex. 100 at 6-7)<br />
Trustee Robert Riley's son, Paul, has been a Local 714<br />
member employed at Jorgensen Steel for the past eight years.<br />
Robert Riley is the business agent for this company. In addition,<br />
another son, Sean, was a Local 714 member employed at Jorgensen<br />
Steel for approximately two years before leaving in 1994. (Ex. 138<br />
at 5-7)<br />
11 Included in this salary is a $1,100 monthly organizing<br />
bonus. According to Riley each business agent received $1 per<br />
member per month for each member the business agent organized. The<br />
business agent continues to receive this amount for each member as<br />
long as the member remains in the Local. (Ex. 138 at 14-15)<br />
12<br />
Hardy testified that two of his brothers, John and Steve,<br />
are also Local 714 members in the trade show/movie division. (Ex.<br />
49 at 6-7)<br />
13<br />
For serving as a Trustee, Hardy is paid a quarterly stipend<br />
from the Local. (Ex. 49 at 7)<br />
10<br />
In
William Hogan, Sr. appointed Hardy as the chief steward in the<br />
trade show division. (Ex. 49 at 11)<br />
In 1995, Hardy was paid<br />
approximately $100,000 as the chief steward. (Ex. 49 at 19) 14<br />
Trustee Virginia Lee ("Lee") has been a Local 714 member<br />
for approximately 25 years. (Ex. 139 at 3) She is currently<br />
employed full-time at Parkview Metals and, in 1992, was appointed<br />
a Trustee. (Ex. 139 at 4, 6-8)<br />
Board members.<br />
Local 714 has four business agents who are not Executive<br />
One of these, Michael Vendafreddo, is the current<br />
Secretary-Treasurer's and <strong>President</strong>'s brother-in-law and the<br />
Recording Secretary's uncle. (Ex. 140 at 4, 7-8) 15<br />
In or about<br />
October 1985, then Secretary-Treasurer William Hogan, Sr., hired<br />
his son-in-law Vendafreddo to be a Local 714 business agent. (Ex.<br />
140 at 3-4) 16 He had no prior experience as a union employee.<br />
Local 714 pays Vendafreddo approximately $62,000 each year. (Ex.<br />
140 at 11)<br />
In 1972, then Secretary-Treasurer William Hogan, Sr.<br />
hired current business agent Joseph L. Martucci ("Martucci") as an<br />
organizer. (Ex. 141 at 3, 11) 17<br />
After approximately two years as<br />
14<br />
Local 714 does not pay Hardy; the trade show contractors at<br />
McCormick Place pay him. (Ex. 50 at 28)<br />
15<br />
Prior to working for Local 714, Vendafreddo worked<br />
periodically in the Local's trade show/movie division as an extra.<br />
(Ex. 140 at 5)<br />
16<br />
Vendafreddo's son, Michael Vendafreddo, Jr., is a member of<br />
the Local's trade show/movie division. (Ex. 116 at 3-4)<br />
17<br />
Prior to being hired at Local 714, Martucci was a business<br />
agent with the Chicago Joint Board which was affiliated with an<br />
international that represented industrial workers in the novelty<br />
11
an organizer, Martucci became a business agent/organizer. (Ex. 141<br />
at 11-12) In approximately 1989, William Hogan, Sr. appointed<br />
Martucci a Trustee on the Local 714 Health and Welfare Fund. (Ex.<br />
141 at 16-17) Martucci's annual salary from Local 714 is<br />
approximately $60,000. (Ex. 142) 18<br />
Business agent Genaro Rodriquez was hired as a business<br />
agent in 1988. (Ex. 143 at 3-4) Prior to 1988, Rodriguez was<br />
employed as a workers compensation claim investigator for the City<br />
of Chicago. ( Ex. 143 at 5) Rodriguez testified that he heard of<br />
the position at Local 714 through Alderman George Hopian, business<br />
agent Martucci's father-in-law. ( Ex. 143 at 6-7, 11-12) According<br />
to Rodriguez, William Hogan, Sr., then the Local's principal<br />
officer, hired him as a business agent. (Ex. 143 at 4) Local 714<br />
pays Rodriguez approximately $52,000 a year. ( Ex. 143 at 15)<br />
Business agent Lizette Alonso was hired as a business<br />
agent in January 1994. (Ex. 144 at 3-4) Business agent Rodriguez,<br />
whom Alonso knew from political activities, recommended her for the<br />
position. (Ex. 144 at 3-4) Alonso, who was working as a personal<br />
banker before the Local hired her, testified that she had no prior<br />
union experience. ( Ex. 144 at 4-5) Alonso's current salary is<br />
approximately $27,000. (Ex. 144 at 6)<br />
business. (Ex. 141 at 5) Martucci testified that he was also a<br />
vice president for Industrial Local 8. ( Ex. 141 at 5) Martucci<br />
testified that he met William Hogan, Sr. at political and labor<br />
functions. ( Ex. 141 at 11)<br />
18<br />
Martucci's two sons, Joseph F. Martucci and Robert<br />
Martucci, are members of the Local 714 trade show/movie division.<br />
(Ex. 76 at 4, 6) Martucci testified that he arranged for his two<br />
sons to join the Local. ( Ex. 141 at 13)<br />
12
B. Local 714 is Run for the Benefit of the Hogan Family and<br />
Friends<br />
1. Background<br />
Local 714 was chartered in approximately 1934. (Ex. 145)<br />
William Hogan, Sr., who became a Local 714 employee in May 1939,<br />
was the Local's principal officer from 1940 until 1990 when he<br />
retired. (Ex. 146 at 2-3; Ex. 147) For at least the past thirtyfive<br />
years, Local 714 has not had any contested elections for union<br />
office. (Ex. 1 at 4-5, 9-10) Every member of the current Executive<br />
Board first became a member of the Board when appointed by the<br />
Board to fill a vacancy.<br />
2. Nepotism in Hiring at the Local<br />
In or about July 1961, William Hogan, Sr. appointed his<br />
son William Hogan, Jr., then approximately twenty-one years old, to<br />
a Local 714 office clerical position. (Ex. 1 at 4-5, 8) Within one<br />
year William Hogan, Jr. was appointed a business agent. (Ex. 1 at<br />
5, 6) 19 In 1968, his father appointed him Vice <strong>President</strong>. (Ex. 1<br />
at 6-7)<br />
After approximately one year as Vice <strong>President</strong>, he was<br />
appointed <strong>President</strong>. (Ex. 1 at 7) As discussed, William Hogan, Jr.<br />
was appointed principal officer after his father retired in 1990.<br />
(Ex. 1 at 7)<br />
19<br />
William Hogan, Jr. became a Local 714 member the day after<br />
he was hired to work at Local 714. (Exs. 148-149) During his<br />
sworn examination, William Hogan, Jr. testified that immediately<br />
prior to his Local 714 employment, he worked as a non-union glue<br />
factory worker. (Ex. 1 at 5-6) William Hogan, Jr.'s only<br />
experience working for a company with a collective bargaining<br />
agreement with the Local was his work in the stockroom at Elkay<br />
Manufacturing when he was in high school. (Ex. 1 at 10)<br />
13
Hogan, Sr. hired his son, current <strong>President</strong> James M.<br />
Hogan, in April 1969 as a business agent. (Ex. 135 at 3, 7) James<br />
Hogan testified that he was never employed by an employer having a<br />
collective bargaining agreement with Local 714. (Ex. 135 at 5) He<br />
had no prior experience representing employees. (Ex. 135 at 4-5)<br />
In approximately 1975, James Hogan was appointed a Trustee on the<br />
Local's Executive Board. (Ex. 131)<br />
In or about 1977, he was<br />
appointed Recording Secretary and in 1990, he was appointed<br />
<strong>President</strong>. (Ex. 135 at 8-9; Ex. 131) 20<br />
In January 1990, then Secretary-Treasurer William Hogan,<br />
Sr. hired his grandson Robert Hogan as a business agent. (Ex. 136<br />
at 5-6) Robert Hogan joined the Local 714 trade show/movie<br />
division in July 1983 when he was approximately 19 years old. (Ex.<br />
136 at 3-4) He is currently the Local's Recording Secretary, the<br />
third Hogan family board member, and a business agent for the trade<br />
show/movie industry. (Ex. 136 at 6)<br />
In or about 1985, William Hogan, Sr., hired his son-inlaw,<br />
Vendafreddo, to be a Local 714 business agent. (Ex. 140 at 3-<br />
4) 21 Vendafreddo had no prior experience representing employees.<br />
20<br />
<strong>President</strong> Hogan's son, Brian Hogan, became a Local 714<br />
member in approximately September 1994 employed at Convention<br />
Cartage. (Ex. 150 at 4) As discussed infra at 106-111, Ronald<br />
Maxwell, Jr., a nephew of both <strong>President</strong> and Secretary-Treasurer<br />
Hogan, owns Convention Cartage Systems, which has a collective<br />
bargaining agreement with Local 714. (Ex. 135 at 52-54)<br />
21<br />
According to <strong>President</strong> Hogan, approximately ten years ago,<br />
Elizabeth Vendafreddo, his sister and Vendafreddo's wife, worked in<br />
the Local's offices. (Ex. 135 at 20)<br />
14
(Ex. 140 at 5-6, 9-10) 22<br />
Between approximately 1973 and 1990, the Local employed<br />
Delores Voss, a cousin of William Hogan, Jr., in the Local's<br />
office. (Ex. 118 at 4, 6; Ex. 151; Appendix B) 23<br />
When Voss retired<br />
in 1990, she was the Local's office manager. (Ex. 151; Ex. 118 at<br />
6) 24 Voss's employee wage and expense records reflected that Local<br />
714 paid her $33,052 in 1990. (Ex. 151) In addition, <strong>President</strong><br />
Hogan testified that his cousin, Eileen Nallon, worked as a Local<br />
secretary for approximately ten years. (Ex. 135 at 114) According<br />
to Local records, Nallon was last employed at Local 714 in October<br />
1989. (Ex. 152)<br />
William Hogan, Jr.'s sister, Winifred Torii, and her<br />
husband, Local 714 trade show/movie division member Dale Torii, own<br />
Exhibition Maintenance, which Local 714 pays $1,050 each month to<br />
provide cleaning services to the Local. (Ex. 115 at 10; Ex. 153) 25<br />
22<br />
Prior to being hired to work at Local 714, Vendafreddo had<br />
a business, Winella Enterprises, Inc., which sold a coffee<br />
extending product. (Ex. 140 at 4)<br />
23<br />
Delores Voss's mother, Margaret Levin, whose maiden name<br />
was Nallon, was the sister of William Hogan, Sr.'s wife, Winifred<br />
Hogan, whose maiden name was also Nallon. (Ex. 118 at 4-5; Appendix<br />
B)<br />
24<br />
Delores Voss's husband, George Voss, and their son, Robert<br />
Voss, worked in the Local's trade show/movie division. (Ex. 118 at<br />
6-7) George Voss retired; Robert Voss is currently a trade<br />
show/movie division member. (Ex. 118 at 6-7)<br />
25<br />
Local 714 trade show/movie division member Joe Polizzi<br />
testified that while he was working as an extra in the Local's<br />
trade show/movie division in 1994 and 1995, he worked for Dale<br />
Torii's company cleaning the union hall. (Ex. 97 at 16-17) Polizzi<br />
testified that he worked cleaning the union hall three or four<br />
times a week for an average of two hours each day. (Ex. 97 at 17)<br />
Polizzi testified that at that time he was the only person cleaning<br />
15
In addition, Local 714 paid Brian and Brad Hogan, the <strong>President</strong>'s<br />
sons, to do clean-up work at the Local after the renovation of the<br />
Local's offices. (Ex. 150 at 8)<br />
C. Lack of Fair Procedures in the Trade Show/Movie Division<br />
1. Introduction<br />
Local 714 has jurisdiction to represent employees in the<br />
trade show and movie industries in the Chicago area. 26 The trade<br />
shows are held at several locations including McCormick Place, the<br />
Rosemont Exposition Center, Navy Pier and several hotels. (Ex. 50<br />
at 47, 87) 27 There are approximately 258 Local 714 members in the<br />
Local's trade show/movie division. (Ex. 133) 28<br />
The jobs in the trade show/movie division, as discussed<br />
in Appendix C, are among the highest paid jobs in the Local. For<br />
example, as detailed in Appendix C, the forklift operators in the<br />
trade show division were paid the highest hourly rate of any<br />
forklift operators in the Local. (Exs. 161 and 162) The forklift<br />
at the union hall and he was paid a flat rate of $500 a month for<br />
such work. (Ex. 97 at 18) Polizzi testified that he stopped<br />
cleaning the union hall when he became a Local member. (Ex. 97 at<br />
18)<br />
26<br />
Local members also work on concert productions in the<br />
Chicago area. (Ex. 50 at 47)<br />
27<br />
In news accounts, McCormick Place has been described as the<br />
largest national convention center. (Ex. 154)<br />
28<br />
This is the number of men on the January 1996 trade<br />
show/movie division membership list. (Ex. 133) These members do<br />
not pay dues via check-off because they are not regularly employed<br />
by any particular employer. Rather, these members self pay dues to<br />
the Local on a quarterly basis. There appear to be no women on the<br />
trade show/movie division list. (Ex. 133)<br />
16
drivers covered under the trade show collective bargaining<br />
agreements were paid between $4.50 and $10.75 per hour more than<br />
the other Local 714 members employed as forklift drivers. (Exs.<br />
159, 161 and 162.)<br />
The highly paid positions in the trade show/movie<br />
division appear to be given to relatives and friends of the Hogan<br />
family and the two chief stewards. These positions do not appear<br />
to be open to longstanding Local members working in other areas.<br />
As detailed infra at 18-20, the Local has the authority<br />
refer individuals to work in the trade show and movie<br />
industries. The Local does not have any written procedures<br />
regarding either work referrals or who will be permitted to become<br />
a member of the Local's trade show/movie division. Relatives and<br />
friends of the Hogan family and the two chief stewards in the trade<br />
show/movie division dominated the positions of authority in this<br />
division. 29 Seventy-two percent of the twenty-two members who have<br />
held positions of authority in the movie industry were relatives or<br />
pre-union friends of the Hogan family. (Ex. 3)<br />
Only six of the 136 members in the Local's trade<br />
show/movie division for whom information was gathered were members<br />
of the Local prior to working in the Local's trade show/movie<br />
29<br />
The positions of authority in the movie industry are<br />
transportation coordinator and movie captain and co-captain. The<br />
positions of authority in the trade show industry are chief steward<br />
and steward.<br />
17
division. (Ex. 5) 30<br />
Moreover, of the thirty-four individuals who<br />
joined the Local's trade show/movie division since January 1993,<br />
fifty percent were relatives or friends of the Hogan family or the<br />
two chief stewards. (Ex. 2)<br />
As the comparison among Local 714 contracts found in<br />
Appendix C shows, the trade show/movie division jobs are<br />
substantially better paid and have better benefits than other<br />
comparable jobs covered under Local agreements.<br />
Given this, the<br />
disproportionate presence of Local officers' and stewards'<br />
relatives and friends in the trade show/movie division jobs shows<br />
the officers and stewards run the Local for themselves and not the<br />
members.<br />
2. The Local's Authority Regarding Work Referrals in<br />
the Trade Show and Movie Industries<br />
a. Trade Shows<br />
Local 714 has current collective bargaining agreements<br />
with approximately five trade show contractors who do business in<br />
the Chicago area including Freeman Decorating Services ("Freeman"),<br />
Greyhound Exposition Services ("GES"), J & J Exhibitor Service<br />
("J&J"), Rosemont Exposition Services ("RES") and Champion<br />
30<br />
Information regarding 136 members who self pay their dues<br />
and work for various trade show contractors and movie production<br />
companies was gathered during the sworn examinations of 114 members<br />
in the trade show/movie division and the Local's officers and<br />
employees. Of the 136 individuals for which information was<br />
obtained, only six members were Local 714 members prior to working<br />
in the Local's trade show/movie division. (Ex. 5) Four men who<br />
were Local 714 members prior to working in the Local's trade<br />
show/movie division, John A. Smith, Aubrey Smith, Dennis Smith and<br />
Darnell Jones, previously worked for Local 714 employer Stainless<br />
Processing. (Ex. 108 at 3-4; Ex. 60 at 3; Ex. 110 at 3-4; Ex. 107<br />
at 8)<br />
18
Exposition Services. (Exs. 132, 155-58 and 305)<br />
Pursuant to<br />
Article II, Section 2(a) of the collective bargaining agreements<br />
with these six companies, Local 714 has the authority to refer<br />
individuals to work for the trade show contractors at the different<br />
trade shows in the Chicago area. (Exs. 155-58 and 305; Ex. 136 at<br />
53)<br />
When the Local 714 chief steward, whom the Local's<br />
principal officer appointed, received a call from trade show<br />
contractors requesting members for a trade show, he then referred<br />
individual members to work for the contractors. (Ex. 50 at 27-28;<br />
Ex. 52 at 15-16; Ex. 1 at 110) In addition to referring Local 714<br />
members to work, the chief steward also referred extras, who are<br />
not Local members, to work for the trade show contractors. (Ex. 50<br />
at 20, 25) 31<br />
Extras are referred to work if all the members in the<br />
trade show/movie division are working. (Ex. 50 at 35-36)<br />
Work<br />
covered under the Local 714 collective bargaining agreements with<br />
trade show contractors can only be done by someone the chief<br />
steward referred. (Ex. 50 at 20-21; Ex. 136 at 52) 32<br />
b. Movies<br />
According to Secretary-Treasurer Hogan, for each movie<br />
31 The extras the chief steward assigned to work were paid the<br />
same hourly rate as the Local members and employer contributions to<br />
benefit funds were paid according to the collective bargaining<br />
agreement on behalf of the extras. (Ex. 50 at 51-52) However, an<br />
extra may not qualify for certain benefits because, for example, a<br />
certain number of hours per quarter was necessary in order to<br />
obtain health benefits. (Ex. 50 at 50-51)<br />
32 The only exception was the trade show contractors were free<br />
to hire if the chief steward could not fill the call. (Ex. 50 at<br />
53)<br />
19
production, the movie production company and Local 714 enter into<br />
a letter of agreement which sets forth wages and benefits. (Ex. 1<br />
at 34-35) Secretary-Treasurer Hogan, chief steward Hardy and<br />
business agent Robert Hogan were responsible for deciding which<br />
members and extras would work on movie productions. (Ex. 1 at 110;<br />
Ex. 50 at 58-59)<br />
3. The Chief Steward Position<br />
Secretary-Treasurer Hogan testified that he had the<br />
authority to appoint and remove Local 714 stewards. (Ex. 1 at 28-<br />
29) Section 12 of the Local 714 Bylaws provided,<br />
(Ex. 163)<br />
[b]y determination of, and in the sole discretion of the<br />
Secretary-Treasurer, stewards shall be appointed by the<br />
Secretary-Treasurer, or may be elected by the members of<br />
each particular division, craft or place of employment.<br />
In addition to having a chief steward for the Local's<br />
entire trade show and movie division with an office located at<br />
McCormick Place, the Local also has a chief steward based at the<br />
Rosemont Exposition Center. (Ex. 13 at 22-23) Beginning in 1978,<br />
the appointed chief steward at the Rosemont Exposition Center was<br />
Nick Boscarino ("Boscarino"). (Ex. 13 at 18, 22-23) As discussed<br />
infra<br />
at 74-77, on the date of his second IRB sworn examination,<br />
Boscarino resigned his position as Rosemont chief steward and his<br />
<strong>IBT</strong> membership effective immediately, apparently to avoid<br />
testifying. (Exs. 124-26)<br />
Exposition Center is discussed infra at 51-53.<br />
Boscarino's position at the Rosemont<br />
Beginning in at least the late 1960s, the chief steward<br />
20
in the Local's trade show division was David Kaye ("Kaye " ). 33<br />
In<br />
or about the mid 1970s, Kaye was convicted of violating 18 U.S.C.<br />
§1962(c) and 29 U.S.C. §186(b)(1) in connection with taking money<br />
from trade show contractors for work he did not perform. He was<br />
sentenced to two years incarceration and a consecutive sentence of<br />
three years probation. Kaye's conviction was affirmed on May 16,<br />
1977. United States v. Kaye, 556 F.2d 855 (7th Cir. 1977). m<br />
After Kaye went to prison, Michael Hogan, Sr., a third<br />
son of William Hogan, Sr., was appointed the Local's chief steward.<br />
(Ex. 1 at 87; Ex. 50 at 5) According to Local 714 records, he had<br />
become a Local 714 member in or about October 1968. (Ex. 164) In<br />
or about 1979, he resigned as the Local 714 chief steward. (Ex. 49<br />
at 11)<br />
35<br />
33<br />
In or about 1971, David Kaminsky, David Kaye's nephew,<br />
joined Local 714 and began to work in the receiving room at<br />
McCormick Place. (Ex. 303 at 3-5) Kaminsky testified that in<br />
approximately 1980 he was convicted of felony assault with a weapon<br />
and was sentenced to probation. (Ex. 303 at 6-7)<br />
34 It appears that while Kaye was appealing his conviction, he<br />
was permitted to continue as the Local's chief steward at McCormick<br />
Place. On May 16, 1977, the Court of Appeals for the Seventh<br />
Circuit affirmed Kaye's conviction. United States v. Kaye, 556 F.<br />
2d 855 (7th Cir. 1977) During a deposition taken on June 21, 1977,<br />
William Hogan, Sr., then the Local 714 principal officer, testified<br />
that Kaye was continuing to work at McCormick Place. (Ex. 146 at<br />
12) As discussed infra at 102, fn. 201, the Local has continued<br />
its tradition of embracing convicted felons to the detriment of its<br />
other members.<br />
35<br />
As discussed infra at 77-80, it appears that Michael Hogan,<br />
Sr. left his position as chief steward to form Rosemont Exposition<br />
Services, the trade show contractor at the Rosemont Exposition<br />
Center. (Ex. 135 at 98-99) Rosemont Exposition Services currently<br />
has a collective bargaining agreement with Local 714. (Ex. 156) As<br />
discussed infra at 79-80, it is unclear whether Michael Hogan, Sr.<br />
has a continuing interest in Rosemont Exposition Services.<br />
However, during the time that he had an ownership interest in that<br />
21
Upon his son's resignation as chief steward, in or about<br />
1979, William Hogan, Sr. appointed Michael Hardy ("Hardy") to be<br />
the chief steward in the trade show division. (Ex. 49 at 11) In<br />
approximately 1976, Hardy had first become a Local 714 member in<br />
the Local's trade show/movie division. (Ex. 132) 36<br />
supra<br />
As discussed<br />
at 10-11, in 1979 Hardy was appointed a Trustee on the<br />
Local's Executive Board. (Ex. 131)<br />
Hardy, who has an office at<br />
McCormick Place, testified that in 1995 he was paid approximately<br />
$100,000 as the Local's chief steward. (Ex. 49 at 12, 18-19) 37<br />
Hardy testified that whichever trade show contractor handled the<br />
trade show at McCormick Place paid his salary. (Ex. 49 at 18)<br />
During his May 29, 1996 sworn examination, Secretary-<br />
Treasurer Hogan testified that Hardy intended to resign as chief<br />
steward. (Ex. 1 at 77, 80) Hogan testified that Hardy's<br />
resignation was prompted by questions about Hardy's credibility.<br />
(Ex. 1 at 77) As of the date of his sworn examination, Hogan had<br />
not selected a replacement for Hardy. (Ex. 1 at 80)<br />
4. Lack of Objective Procedures for Selecting Members and<br />
Extras to Work in Trade Show/Movie Industries<br />
Local 714 has no written procedures for how Local 714<br />
company, Local 714 had a collective bargaining agreement with<br />
Rosemont Exposition Services. (Ex. 135 at 98)<br />
36<br />
Prior to joining Local 714, Hardy was the zamboni driver<br />
for the Chicago Blackhawks at the International Amphitheater where<br />
Teamsters also worked on trade shows. (Ex. 50 at 3) As a result,<br />
Hardy met Michael Hogan, Sr. and became a Local member through him<br />
and other Teamsters. (Ex. 49 at 4-5)<br />
37<br />
Hardy testified that in 1994 he was paid approximately<br />
$120,000 as the chief steward. (Ex. 49 at 18-19)<br />
22
members and extras are referred to work for trade show contractors<br />
or for movie production companies. (Ex. 1 at 112; Ex. 165)<br />
Moreover, the Local does not have any seniority lists of the Local<br />
714 members or the extras employed in the trade show or movie<br />
industries. (Ex. 49 at 13; Ex. 136 at 41, 43; Ex. 165)<br />
documents the chief steward claimed he used to refer members and<br />
extras to work for trade shows and movies were two alphabetical<br />
lists, one of members in the Local's trade show/movie division and<br />
the other of extras in that division. (Ex. 50 at 25-26, 31-32; Exs.<br />
166-67) 38 The April 1996 alphabetical list of members contained<br />
246 names and the April 1996 alphabetical list of extras listed 108<br />
individuals. (Exs. 166-67) 39<br />
The<br />
Hardy acknowledged that he kept no<br />
documents that reflected who was available to work on any given<br />
day. (Ex. 50 at 32) Hardy testified,<br />
(Ex. 50 at 32)<br />
there are no documents. All that information is within<br />
my knowledge. I deal with this every day. I know who's<br />
available, who's not available, and every particular<br />
nuance or quirk of every member in that division. That's<br />
my job.<br />
There was no indication on either of the two alphabetical<br />
lists of the date each person began working in the Local's trade<br />
38<br />
These lists include each listed person's telephone number<br />
or beeper number. (Exs. 166-67)<br />
39<br />
Other than the alphabetical list of extras, Hardy did not<br />
keep any other documents regarding the extras who were available to<br />
work. (Ex. 50 at 27)<br />
23
show/movie division. (Ex. 50 at 32) 4 °<br />
When questioned regarding<br />
whether he kept track of how often each member worked, Hardy<br />
testified, "No, . . my responsibility is filling the calls.<br />
Where they worked a month ago, off the top of my head I couldn't<br />
begin to tell you. I wouldn't have that information." (Ex. 50 at<br />
34)<br />
In addition to not maintaining any record of when an<br />
individual began working in the trade show/movie industry or how<br />
often each person worked, Hardy testified that he did not maintain<br />
any documents reflecting the members' and extras' qualifications.<br />
(Ex. 50 at 26, 39-41) Rather, Hardy testified that he knew the<br />
qualifications of each of the 246 members and 108 extras. (Ex. 50<br />
at 26, 39-41)<br />
According to chief steward Hardy, in order to operate<br />
various equipment in movie productions, an individual must possess<br />
a special drivers license. (Ex. 50 at 39) However, Hardy did not<br />
maintain any documents which indicated the types of licenses extras<br />
and members possessed. (Ex. 50 at 26, 39-41) In addition, at least<br />
some of the transportation equipment the movie production companies<br />
used did not require a driver with a specific license. For<br />
example, at least twelve Local 714 members testified that they<br />
operated equipment on movies and did not possess commercial drivers<br />
licenses. (Ex. 75 at 18-24; Ex. 71 at 16-18; Ex. 35 at 11, 13-18;<br />
Ex. 80 at 21-31; Ex. 43 at 15-20; Ex. 37 at 16-24; Ex. 108 at 22-<br />
40<br />
In addition, Hardy testified that he did not maintain any<br />
records indicating when an individual began working as an -extra.<br />
(Ex. 50 at 84)<br />
24
30; Ex. 7 at 13-15; Ex. 21 at 13-20; Ex. 28 at 17-20; Ex. 69 at 18-<br />
21 and Ex. 97 at 10-11)<br />
Business agent Robert Hogan, who also was involved in<br />
assigning members to work on movie productions, testified that on<br />
movie productions individuals who did not have particular licenses<br />
or skills were "kind of rotated into the positions that are<br />
available." (Ex. 136 at 46) He admitted there were no lists used<br />
to determine who would be rotated into a job on a movie. (Ex. 136<br />
at 46-47) In addition, when asked how this rotation system worked,<br />
he testified,<br />
(Ex. 136 at 46)<br />
[w]ell, we just try to keep -- I mean there's nothing<br />
written on how we do it, it's just -- you know, there's<br />
only so many people that can do it, or so many positions<br />
for them. And the majority of the people have that type<br />
of driver's license, so [sic] try to rotate them in<br />
there.<br />
During their sworn examinations, Hardy and William Hogan,<br />
Jr. each testified that a seniority system could not be used to<br />
refer individuals because there were too many variables involved in<br />
the selection of individuals to refer to work. (Ex. 50 at 85-88;<br />
Ex. 1 at 111) Hardy listed these variables as including that<br />
assignments were at different locations in the Chicago area,<br />
certain individuals had strong preferences regarding their work<br />
assignments and, in the movie industry, certain licenses were<br />
required to drive particular equipment. (Ex. 50 at 85-88)<br />
These claims appear pretextual and do not explain the<br />
constant flow of Hogan relatives and friends into these jobs. The<br />
Local did not maintain any documents which reflected the<br />
25
qualifications, such as particular classes of drivers license or<br />
work preferences, of the 354 members and extras in the Local's<br />
trade show division. (Ex. 49 at 29 and Ex. 50 at 26) 41 Instead,<br />
Hardy testified that all this information for the 354 members and<br />
extras was within his personal knowledge. (Ex. 50 at 32) 42 Indeed,<br />
Robert Hogan, the business agent for the trade show/movie division<br />
acknowledged the obvious, an individual does not have to have any<br />
particular skills in order to work in the Local's trade show<br />
division. (Ex. 136 at 41)<br />
Even if neutral factors other than seniority did need to<br />
be considered in the referral process, the Local did not have any<br />
objective guidelines governing how individuals were selected for<br />
work referrals. Given the Local's complete discretion in the<br />
selection of individuals to work the most lucrative jobs, the<br />
nepotism and favoritism rampant in the membership of the Local's<br />
trade show/movie division evidences that impermissible<br />
considerations and not special skills were used in making<br />
referrals.<br />
As discussed infra at 114-117, in an apparent reaction to<br />
IRB inquiries regarding the trade show/movie division, the Local<br />
has claimed that it is currently making changes in this division.<br />
For example, according to William Hogan, Jr., the Local is in the<br />
41<br />
For example, there was no list of members who preferred to<br />
work on trade shows or a list of members who preferred to work on<br />
movies. (Ex. 136 at 43-44)<br />
42<br />
William Hogan, Jr. testified, "[a] lot of this is in Mike<br />
Hardy's head." (Ex. 1 at 112)<br />
26
process of developing lists of individuals with particular<br />
qualifications. (Ex. 1 at 112) 43 Hardy testified that he was<br />
recently asked to document some of what you have in your head,<br />
particularly on the movies . . .." (Ex. 50 at 39) This will not<br />
remedy that the members in the trade show/movie division, who have<br />
the best jobs in the Local, have been selected for decades because<br />
of family or social connections."<br />
43<br />
Hardy testified that he created a list of members with<br />
different licenses and gave it to Robert Hogan three or four months<br />
prior to his May 21, 1996 sworn examination. (Ex. 50 at 40) Prior<br />
to Hardy creating the list at that time, Hardy testified that there<br />
were no such documents. (Ex. 50 at 41)<br />
44<br />
These recent Local actions were recommended as a result of<br />
a report of Gerry Miller, Esq., whom, as discussed infra at 114-<br />
117, the Local retained to conduct an investigation of the trade<br />
show/movie division. (Ex. 129) As discussed infra at 114-117, the<br />
investigation behind the Miller report began in approximately<br />
August 1994 and the report was not issued until May 27, 1996. (Ex.<br />
129; Ex. 304) Miller recommended that,<br />
[b]ecause Local 714 may significantly influence the<br />
employment and earnings opportunities of members in the<br />
referral group, it is important that favoritism, as well<br />
as appearance of favoritism, be minimized if not<br />
eliminated altogether.<br />
* * *<br />
[t]o the extent possible, referrals should be made based<br />
on objective, known, and relevant criteria that are put<br />
in writing and posted.<br />
(Ex. 129 at 34-35) In addition, Miller recommended that the Local<br />
conduct a survey to gather information regarding the job<br />
preferences, schedules and qualifications of the trade show/movie<br />
division members. (Ex. 129 at 35) In making this recommendation,<br />
Miller stated, "[c]hief Steward Mike Hardy appears to be able to<br />
keep all this information in his head, but lesser mortals may have<br />
to rely on an information database." (Ex. 129 at 35) The depth of<br />
the favoritism was not analyzed and how the current unjust<br />
membership in the trade show/movie division could be broadened to<br />
include members denied opportunities for decades was not addressed.<br />
27
5. The Lack of Objective Procedures for Allowing Individuals<br />
to Become Members of the Local's Trade Show/Movie<br />
Division<br />
In addition to the failure to have any objective<br />
procedures for referring members to work, the Local does not have<br />
any objective rules governing which individuals will be allowed to<br />
become members of the trade show/movie division. William Hogan,<br />
Jr. makes the ultimate decision regarding who will be permitted to<br />
join the Local's trade show/movie division. (Ex. 1 at 108-09) His<br />
son, Robert Hogan, and chief steward Hardy are also involved in<br />
such decisions. (Ex. 49 at 17; Ex. 50 at 44-45)<br />
In general, according to Hardy and Robert Hogan, in order<br />
to become a member of the Local's trade show/movie division, an<br />
individual must work as an extra in the division. (Ex. 50 at 43-44;<br />
Ex. 136 at 41) There is no set number of hours or a time period an<br />
individual must work as an extra before being permitted to become<br />
a member. (Ex. 136 at 49-50; Ex. 50 at 43) The only exception to<br />
the requirement that an individual must work as an extra before<br />
becoming a member in the trade show/movie division appears to be<br />
members who had been employed outside the trade show/movie industry<br />
and who transferred into the trade show/movie division. According<br />
to Hardy, only approximately 10-15% of the Local 714 members in the<br />
trade show/movie division became division members after working for<br />
a Local 714 employer outside the trade show/movie division. (Ex. 50<br />
at 22) Even that low percentage appears to be inflated. As noted<br />
supra at 18, fn. 30, only six of the 136 trade show/movie division<br />
members for which information was obtained were members of the<br />
28
Local before beginning to work in the trade show/movie division.<br />
(Ex. 5)<br />
According to Hardy, the Local limited the number of<br />
members permitted to join the Local's trade show/movie division to<br />
the approximate number of individuals who are able to support<br />
themselves through that work. (Ex. 50 at 46-47) Periodically,<br />
William Hogan, Jr., with input from Hardy and Robert Hogan,<br />
selected additional persons to join the division. No announcement<br />
was made that the Local will be accepting new members in the trade<br />
show/movie division. (Ex. 136 at 51)<br />
In response to the question how an individual becomes a<br />
member of the Local's trade show/movie division, Robert Hogan<br />
testified that, "[a]fter working as an extra, they have to ask."<br />
(Ex. 136 at 47) This, of course, did not answer the question as to<br />
how the determination was made for making the extra a member.<br />
Indeed, Local members in the trade show/movie division<br />
testified that they were unaware of what criteria was used to<br />
determine who would be selected to become members after working as<br />
extras. For example, when asked whether he had to meet any<br />
specific criteria in order to join the division, Local 714 trade<br />
show/movie division member Raymond Cassatta responded, "[n]ot that<br />
I know of." (Ex. 23 at 7) Local 714 member Michael Deal, who was<br />
a high school friend of Robert Hogan, testified that he became a<br />
member in 1986 stating, "I was called down to the office. There<br />
was some guys retiring. William, Senior was letting some people in<br />
the union and I was one of them." (Ex. 35 at 3-4) When asked how<br />
29.
an individual is permitted to join Local 714, Local member Joe<br />
Polizzi testified, "I don't have any idea how it works." (Ex. 97 at<br />
5)<br />
In addition, Local 714 member Dean Polachek ("Polachek")<br />
testified that he became a Local 714 member after working as an<br />
extra for approximately sixteen years. (Ex. 96 at 3)<br />
When asked<br />
how he became a Local 714 member, Polachek testified that he wrote<br />
a letter to Local 714 <strong>President</strong> James M. Hogan, which included a<br />
statement that he was loyal. (Ex. 96 at 6-7) 45<br />
wrote this letter, Polachek testified, ".<br />
get somewhere." (Ex. 96 at 7) 46<br />
When asked why he<br />
you have to ask to<br />
When asked if there were rules<br />
governing who was allowed to join the Local 714 trade show/movie<br />
division, Polachek testified, "[n]ot that I know of. I'm not privy<br />
to that . .." (Ex. 96 at 13) Polachek's experience was<br />
distinctly different from that of Hogan family members who became<br />
part of the division shortly after high school.<br />
When asked about any requirements an individual must meet<br />
in order to become a member of the trade show/movie division,<br />
45<br />
Polachek testified that he did not retain a copy of this<br />
letter. (Ex. 96 at 12) Local 714 <strong>President</strong> James Hogan testified<br />
that he did not recall receiving such a letter from Polachek. (Ex.<br />
135 at 64) In addition, the Local did not have a copy of any<br />
letter Polachek wrote. (Ex. 165) However, William Hogan, Jr.<br />
testified that he recalled that Polachek told him that he wanted to<br />
be considered for membership when Hogan allowed men to join the<br />
Local. (Ex. 1 at 109-110)<br />
46<br />
Polachek testified that Local 714 member Thomas Kulak "sort<br />
of was like my sponsor" and helped Polachek write the letter<br />
seeking to join Local 714. (Ex. 96 at 7) Polachek testified that<br />
Thomas Kulak suggested that he write the letter to the Local,<br />
"[b]ecause I was around so long and I never asked for anything, so<br />
this way they know that I wanted a card." (Ex. 96 at 10)<br />
3 0
Robert Hogan testified, "Well, I mean they have to have had a good<br />
record while they were there as an extra, they have to be punctual,<br />
be on time, be willing to work the crazy hours, be willing to put<br />
up with the different locations at different times and days." (Ex.<br />
136 at 49) Although Hogan claimed these factors were important, no<br />
records were maintained documenting these qualities. (Ex. 165)<br />
Hardy testified that the factors he considered when participating<br />
in the decision to allow individuals to join the trade show/movie<br />
division were his personal assessment of "punctuality" and the<br />
vague factors of "dependability" and "work ethic". (Ex. 50 at 44)<br />
However, Hardy did not keep any record of which individuals<br />
possessed any of these qualities. (Ex. 165) It is evident that no<br />
guidelines or any objective criteria govern who will be permitted<br />
to become a member of the trade show/movie division. (Ex. 1 at 109;<br />
Ex. 165)<br />
6. Nepotism and Favoritism In the Trade Show/Movie<br />
Division<br />
a. Background<br />
As detailed infra at 51, relatives of William Hogan, Jr.<br />
and friends of the Hogan family dominate the authority positions in<br />
the Local's trade show/movie division.<br />
infra<br />
For example, as detailed<br />
at 39-43, fifty-six percent of the members who have held<br />
authority positions in the trade show industry were relatives or<br />
friends of the Hogan family. (Ex. 4) In addition, in the movie<br />
industry, approximately seventy-two percent of the members who have<br />
held authority positions were relatives or friends of the Hogan<br />
31
family. (Ex. 3)<br />
The sworn examinations of 114 of the 258 members on the<br />
January 1996 Local 714 trade show/movie division membership list<br />
were conducted. 47 Of these, at least eighteen relatives of William<br />
Hogan, Jr. were employed in the Local 714 trade show/movie<br />
division. (Ex. 5) 48 In addition, at least 34 other members in the<br />
Local 714 trade show/movie division began to work in the trade<br />
show/move industry through connections to the Hogan family. (Ex. 5)<br />
As a result, at a minimum, twenty percent of the members in the<br />
Local's trade show/movie division obtained their positions through<br />
ties to the Hogan family. (Ex. 5) 49<br />
William Hogan, Jr.'s relatives who were employed in the<br />
47<br />
The sworn examinations of all the members who held<br />
positions of authority in the trade show/movie division were<br />
conducted. These individuals were identified in a September 21,<br />
1995 letter from Local 714's counsel. (Ex. 168) In addition, the<br />
sworn examinations of the members who joined the Local's trade<br />
show/movie division since January 1993 were also taken.<br />
48 This figure included only William Hogan, Jr.'s relatives<br />
who were on the January 1996 list of trade show/movie division<br />
members who self pay their dues to the Local and work for various<br />
trade show contractors. However, other Hogan relatives worked as<br />
Local 714 members in the trade show industry such as Patrick E.<br />
Hogan, a cousin of William Hogan, Jr., who worked in the warehouse<br />
of trade show contractor GES. (Ex. 54 at 3-4) In approximately<br />
1969, when he was nineteen years old, Patrick E. Hogan joined the<br />
Local through his father, former Local 714 member Joseph E. Hogan.<br />
(Ex. 54 at 3-4, 6; Ex. 300)<br />
49 Through the sworn examinations of 114 of the trade<br />
show/movie division members and the sworn examinations of the<br />
Local's officers, information regarding 136 of the 258 members in<br />
the Local's trade show/movie division was obtained. (Ex. 5) The<br />
twenty percent figure was based upon information known about 136 of<br />
the 258 members of the trade show/movie division. As a result,<br />
this is the minimum percentage of members in the trade show/movie<br />
division who have ties to the Hogan family.<br />
3 2
Local's trade show/movie division included his two sons, William<br />
and James, and five of his nephews: Michael Hogan, Jr., Michael<br />
Vendafreddo, Jr. and Daniel, Kevin and Timothy Maxwell. (Ex. 5)<br />
Vendafreddo, Jr., who is also 714 business agent Vendafreddo's son,<br />
became a Local 714 member in the trade show/movie division in<br />
October 1992 when he was nineteen years old. (Ex. 116 at 3-4, 6;<br />
Ex. 133) 5 °<br />
Each of these members are also relatives of <strong>President</strong><br />
Hogan and Recording Secretary and trade show/movie division<br />
business agent Hogan.<br />
At least eleven other relatives of Secretary-Treasurer<br />
Hogan and <strong>President</strong> Hogan, including a brother-in-law and several<br />
cousins, were employed in the Local 714 trade show/movie division.<br />
(Ex. 5) 51 For example, Local 714 member James F. Hogan, the<br />
Hogans' cousin, joined the Local when he was twenty-three years<br />
old. (Ex. 52 at 3, 6, 8; Ex. 133) 52 As detailed infra at 65-72,<br />
James F. Hogan has been a part-owner of companies, including Movies<br />
50<br />
Michael Vendafreddo, Jr.'s mother, Elizabeth, is William<br />
Hogan, Jr.'s sister. (Ex. 116 at 15)<br />
51<br />
These relatives included the following: James F. Hogan,<br />
Dale Torii, Patrick J. Nallon, Timothy Nallon, Michael W. Nallon,<br />
Michael Nallen, Robert Voss, Thomas Hogan, John Nallen, Joseph E.<br />
Hogan and Michael White. (Ex. 5)<br />
52<br />
James F. Hogan testified that his father, former Local 714<br />
member Joseph E. Hogan, asked him to join Local 714. (Ex. 52 at 11-<br />
12) According to Local 714 records, Joseph E. Hogan, an uncle of<br />
William Hogan, Jr., became a Local 714 member in April 1967. (Ex.<br />
133) Joseph E. Hogan failed to appear for an IRB sworn examination<br />
scheduled for February 22, 1996. On April 1, 1996, the IRB<br />
recommended to the Local 714 Executive Board that Joseph E. Hogan<br />
be charged with bringing reproach on the <strong>IBT</strong> by failing to<br />
cooperate with the IRB. (Ex. 169) On June 4, 1996, the Local 714<br />
Executive Board issued a decision permanently barring Joseph E.<br />
Hogan from the <strong>IBT</strong>. (Ex. 170)<br />
33
in Motion/SJB Rentals, which lease equipment to movie production<br />
companies that employ Local 714 members. (Ex. 52 at 65-66, 82-83)<br />
In addition, as detailed infra at 74, James F. Hogan is an owner of<br />
Trade Show Rentals, a company which leased forklifts to trade show<br />
contractors with collective bargaining agreements with Local 714.<br />
(Ex. 52 at 20-21, 23-24) 53 Other cousins of William Hogan, Jr.<br />
currently employed in the Local's trade show/movie division include<br />
Thomas M. Hogan, 54 Michael White 55 , John and Michael Nallen 56 and<br />
Timothy Nallon. 57<br />
In addition to the relatives of <strong>President</strong> Hogan and<br />
Secretary-Treasurer Hogan employed in the Local's trade show/movie<br />
division, at least 34 other members began working in the Local 714<br />
53<br />
James F. Hogan testified that his son James F. Hogan, Jr.,<br />
who is a student, worked as an extra in the trade show industry<br />
during the summers. (Ex. 52 at 11)<br />
54<br />
Thomas Hogan, another son of former Local 714 member Joseph<br />
E. Hogan, began working as a Local 714 member in approximately 1971<br />
when he was eighteen years old. (Ex. 56 at 3-5)<br />
55<br />
Local 714 member Michael White's maternal grandmother,<br />
Margaret Levin, whose maiden name was Nallon, is the sister of<br />
William Hogan Sr.'s wife, Winifred, whose maiden name was also<br />
Nallon. (Appendix B) White testified that he obtained employment<br />
in the Local's trade show division by speaking to his mother's<br />
sister, Delores Voss, who worked in the Local 714 office. (Ex. 120<br />
at 4-5)<br />
56<br />
John and Michael Nallen became members in the Local's trade<br />
show/movie division in 1985 and 1971 respectively. (Ex. 133) John<br />
and Michael Nallen's father, James, is a brother of William Hogan,<br />
Sr.'s wife, Winifred, whose maiden name was Nallon. (Ex. 86 at 3-4,<br />
6-10) It appears that James Nallen changed the spelling of his<br />
last name from Nallon to Nallen. (Appendix B)<br />
57<br />
Local 714 member Timothy Nallon's grandfather is Patrick<br />
Nallon, Sr., a brother of Winifred Hogan, whose maiden name was<br />
Nallon. (Ex. 87 at 7-8; Appendix B) Timothy Nallon became a Local<br />
714 member in the trade show/movie division in July 1979. (Ex. 133)<br />
34
trade show/movie division through non-union ties to the Hogan<br />
family. (Ex. 5) For example, three individuals testified that they<br />
began working in the Local's trade show/movie division because they<br />
knew William Hogan, III from high school. 58<br />
In addition, Robert<br />
Hogan testified that he arranged for his wife's cousin, Don<br />
Peterson, to join the Local's trade show/movie division. (Ex. 136<br />
at 78)<br />
That all Local members, not only officers' friends and<br />
relatives, should have an equal chance for good work that the Local<br />
controls is not an obscure point. Yet for decades, this Local's<br />
representatives have trampled over members' rights in the rush to<br />
take care of their own. Notably, no recent changes were<br />
recommended or undertaken that would address the institutional<br />
unfairness the Local created in its discriminatory selection for<br />
work in the movies and trade shows. 59<br />
b. Members Who Were Allowed to Join Trade Show/Movie<br />
Division after January 1993<br />
As detailed supra<br />
at 23-27, William Hogan, Jr., his son<br />
58<br />
These individuals were Mark Majcher, Frank Mandiziara and<br />
Casey Skelton. (Ex. 72 at 3-4; Ex. 73 at 4-5; Ex. 106 at 4)<br />
59<br />
According to business agent Robert Hogan, "through all<br />
the investigation and all that, we've been advised by counsel to<br />
try and put what's in my head and Mike Hardy's head in writing."<br />
(Ex. 136 at 44) Robert Hogan testified that the Local began<br />
putting such information together sometime in 1996 and is still in<br />
the process of compiling the information. (Ex. 136 at 44) For<br />
example, Robert Hogan testified that each member in the trade show<br />
division was recently asked to document what type of work they<br />
wanted to do and what work they did not want to do. (Ex. 136 at 44-<br />
45) However, prior to this year, there were no documents which<br />
indicated what type of work a member wanted to do and what type of<br />
work each member was qualified to do. (Ex. 136 at 45)<br />
35
Robert Hogan and Hardy control which individuals will be allowed to<br />
join the Local's trade show/movie division. As detailed supra at<br />
28-31, there are no objective rules governing who will be permitted<br />
to become a member of the Local's trade show/movie division.<br />
Sworn examinations of the thirty-four men who were<br />
permitted to join the Local's trade show/movie division subsequent<br />
to January 1993 were conducted. 60<br />
Of the thirty-four men who were<br />
allowed to become members of the Local's trade show/movie division<br />
since January 1993, at least ten men began working as extras as a<br />
result of their ties to the Hogan family. (Ex. 2) 61<br />
In addition,<br />
another seven men began working in the trade show/movie industry<br />
through ties to chief steward Hardy or Rosemont chief steward<br />
Boscarino. (Ex. 2) 62<br />
As a result, fifty percent of the members who<br />
joined the trade show/movie division after January 1993 began to<br />
work in the division as a result of ties to the Hogan family or one<br />
of the chief stewards. (Ex. 2)<br />
The individuals who were permitted to become Local 714<br />
60<br />
According to the Local's January 1996 trade show/movie<br />
division membership list, thirty-seven members joined the Local<br />
after January 1993. (Ex. 133) Three such members, Carl Kachold,<br />
John McCarron and Michael Ward were employed permanently at the<br />
receiving room at McCormick Place. (Ex. 61 at 4-5; Ex. 82 at 3-5;<br />
Ex. 119 at 3-6) Since these three members did not work under the<br />
collective bargaining agreements with the various trade show<br />
contractors, they have not been included in this analysis.<br />
61<br />
These individuals include the following: Mark Majcher,<br />
George Jacob, Victor Chin, Patrick McGowean, Darren Reid, Michael<br />
P. Hogan, Jr., Joe Polizzi, Dennis McNamara, Harry Gnat and Scott<br />
Buckingham. (Ex. 2)<br />
62<br />
These individuals included the following: George Lemke,<br />
Joseph Aulenta, John Wiercinski, Brian Duellman, Terence Murphy,<br />
Michael Cairo and Raymond Cassatta. (Ex. 2)<br />
36
members subsequent to January 1993 included Secretary Treasurer<br />
Hogan's and <strong>President</strong> Hogan's nephew, Michael Hogan, Jr.. (Ex. 2)<br />
Michael Hogan, Sr. was the Local 714 chief steward in the trade<br />
show division in the 1970s. (Ex. 49 at 10-11) 63 Michael Hogan, Jr.<br />
became a Local 714 member in April 1995 when he was twenty years<br />
old. (Ex. 53 at 3-4; Ex. 133) In addition, Local 714 member Darren<br />
Reid, the husband of Laura Nallen, was permitted to join the<br />
Local's trade show/movie division after January 1993. (Ex. 99 at<br />
3-4, 9-10; Ex. 133) Laura Nallen's uncles are Local 714 members<br />
Michael and John Nallen, cousins of William Hogan, Jr. and James M.<br />
Hogan. (Ex. 99 at 10; Appendix B)<br />
Local 714 member Victor Chin began working as an extra in<br />
the trade show/movie division through his parents' ties to William<br />
Hogan, Jr.. (Ex. 27 at 3-4) According to Chin, who was permitted<br />
to join the Local after January 1993, William Hogan, Jr. frequented<br />
his parents' restaurant. His parents asked Hogan if a position was<br />
available for their son and he began work. (Ex. 27 at 3-4, 14)<br />
Local 714 member Mark Majcher began working in the trade<br />
show/movie industry as an extra through his high school friend,<br />
William Hogan, III. (Ex. 72 at 3-4) In 1995, Majcher's income from<br />
his 714 work was $40,000. (Ex. 72 at 8) In addition, as discussed<br />
infra at 71, together with William Hogan, III, Majcher is an owner<br />
of H & M Rentals which leases equipment to movie production<br />
63<br />
As discussed infra at 70, fn. 130, Michael Hogan, Sr., a<br />
brother of William Hogan, Jr., owns at least one company, Show Biz<br />
Chicago, which does business with Local 714 employers in the movie<br />
industry.<br />
37
companies that employ Teamsters. (Ex. 72 at 13-16)<br />
In addition to the men who had ties to the Hogan family,<br />
seven other men, who had ties to either Hardy or Boscarino, were<br />
also permitted to join the Local's trade show/movie division after<br />
January 1993. (Ex. 2) For example, Terrence Murphy, who became<br />
a<br />
member in approximately June 1994, is Hardy's brother-in-law. (Ex.<br />
85 at 3-4, 12-13) In 1995, Murphy was paid $50,000 for his work<br />
through Local 714. (Ex. 85 at 7) In addition, Local 714 member<br />
Michael Cairo began working in the trade show/movie division<br />
through his father's connection to Hardy. (Ex. 19 at 3-4) m<br />
Of the remaining seventeen individuals who joined the<br />
Local after January 1993, one member, Andres Ruiz, Jr., was a<br />
friend of Local 714 business agent Genaro Rodriguez. (Ex. 2; Ex.<br />
102 at 3-4) Another member, Rocco D'Ambrosio, failed to appear for<br />
his IRB sworn examinations. The IRB recommended that the Local 714<br />
Executive Board charge him with failing to cooperate with the IRB.<br />
(Ex. 180) On July 1, 1996 the Local 714 Executive Board<br />
permanently barred D'Ambrosio from the <strong>IBT</strong>. (Ex. 311)<br />
Five additional men began working in the trade show/movie<br />
division through a relative who already worked in the division.<br />
m<br />
Michael Cairo's father, James Cairo, worked in the loan<br />
department of Commercial National Bank located in Berwyn, Illinois.<br />
(Ex. 19 at 4, 12) Local 714 has an account at this bank and Joanne<br />
Schumacher, an employee in the Local 714 office, worked at this<br />
bank prior to her employment in the Local 714 office. (Ex. 131; Ex.<br />
135 at 16-17)<br />
38
(Ex. 2) 65<br />
In addition, five members began working in the trade<br />
show and movie industries through friends in the trade show/movie<br />
division. (Ex. 2) 66<br />
The remaining five individuals began working<br />
in the Local's trade show/movie division through other means. (Ex.<br />
2 ) 67<br />
c. Local 714 Members Who Have Been<br />
Stewards in the Trade Show Industry<br />
There are thirty members who have worked as stewards for<br />
trade shows. (Ex. 168) 68<br />
For trade shows the chief steward assigns<br />
65<br />
These individuals were the following: Robert Cipich, Jerold<br />
Lynn, Michael Zebell, Charles Toribio, Jr. and Terance Johnson.<br />
(Ex. 2)<br />
66<br />
The following individuals began working in the trade<br />
show/movie industry through friends who were Local 714 members in<br />
that division: Earl Lent, Jr, Thomas Daddino, Carmen Bocchieri,<br />
Dean Polachek and Gary Zarris. (Ex. 2)<br />
67<br />
For example, Local 714 member James Duffy testified that a<br />
friend who worked at Joint Council 25, spoke to someone about<br />
getting him work in the Local 714 trade show/movie division. (Ex.<br />
40 at 3-7) As discussed, William Hogan, Jr. is the <strong>President</strong> of<br />
Joint Council 25. (Ex. 1 at 11) Another Local 714 member who<br />
joined after January 1993, John Leithleiter, testified that he<br />
began working in the Local's trade show/movie division through his<br />
brother, Dale Leithleiter, who is a manager at Local 714 employer<br />
Freeman. (Ex. 64 at 3-5) Two additional members, Philip Chiapetta<br />
and Guy DeSimone, each began working in the Local's trade<br />
show/movie division through former Chicago police officers who<br />
spoke to someone on their behalf. (Ex. 25 at 6-8; Ex. 36 at 3-5)<br />
The final member, Joseph Carsello, began working in the trade<br />
show/movie division through an unidentified friend. (Ex. 22 at 3-6)<br />
68<br />
The sworn examinations of each of the stewards identified<br />
in the September 21, 1995 letter from Local 714's counsel were<br />
conducted. (Ex. 168) Three members listed in this letter who have<br />
held authority positions in the trade show industry, David<br />
Kaminsky, John Gilmore and Gerald Mundt, each worked permanently<br />
for one trade show employer and did not self pay their dues to the<br />
Local. (Ex. 303 at 13; Ex. 181 at 16; Ex. 307 at 6, 11-12, 17-18)<br />
In addition, they were not covered under the trade show collective<br />
bargaining agreements. Accordingly, these three member were not<br />
included in the analysis.<br />
39
(Ex. 4) 70 Six of the thirty members who have held positions of<br />
a steward to a particular show. 69 The steward is responsible for<br />
supervising the members on that show. (Ex. 52 at 15-16) Of the<br />
thirty individuals who have held positions of authority in the<br />
trade show division, seventeen, or more than half, began working in<br />
the trade show industry through connections to the Hogan family.<br />
authority in the trade show industry are relatives of Secretary-<br />
Treasurer Hogan and <strong>President</strong> Hogan. (Ex. 4) This figure includes<br />
William Hogan, Jr.'s son, William Hogan, III, who as discussed<br />
infra<br />
at 45, also held authority positions in the movie industry.<br />
(Ex. 57 at 14; Ex. 168) Their other relatives who have been<br />
stewards in the trade show industry include their two nephews,<br />
Daniel and Kevin Maxwell, their brother-in-law, Dale Torii, and<br />
their cousins, Michael W. and Patrick J. Nallon. (Ex. 4)<br />
Their nephew, Daniel Maxwell, became a Local 714 member<br />
in 1982 when he was nineteen years old. (Ex. 78 at 4-5) 71<br />
Daniel<br />
69 Under the current trade show collective bargaining<br />
agreements, stewards are paid $1.55 more per hour than the forklift<br />
drivers and freight handlers. (Ex. 155 at 14) Some of the members<br />
who were trade show stewards also held positions of authority in<br />
the movie industry. (Ex. 168)<br />
70<br />
All but one of the thirty members who have been stewards<br />
in the trade show/movie division were not Local 714 members prior<br />
to beginning to work in the trade. show/movie division. (Ex. 4)<br />
Only John A. Smith was a Local 714 member prior to beginning to<br />
work in the Local's trade show/movie division. (Ex. 4; Ex. 110 at<br />
4) Smith was the Local 714 shop steward at Stainless Processing<br />
and when the company went out of business, he began to work in the<br />
Local's trade show/movie division. (Ex. 110 at 3-5)<br />
71<br />
Daniel Maxwell's mother, Mary Jane Maxwell, and William<br />
Hogan, Jr. are sister and brother. (Ex. 78 at 4; Appendix A)<br />
40
Maxwell testified that he was paid $70,000 in 1995 for his Local<br />
714 work. (Ex. 78 at 12) Kevin Maxwell, his brother, joined Local<br />
714 in 1983 when he was nineteen years old. (Ex. 79 at 3-5) 72<br />
Kevin Maxwell testified that he was paid $60,000 in 1995 for his<br />
Local 714 work. (Ex. 79 at 12-13)<br />
Trade show steward Patrick Nallon, the Hogans' cousin,<br />
became a Local 714 member in 1976 when he was nineteen years old.<br />
(Ex. 86 at 3-5; Ex. 133) 73 He testified that he was paid $90,000<br />
in 1995 for his Local 714 work. (Ex. 86 at 10-11) During his May<br />
29, 1996 sworn examination, Secretary-Treasurer Hogan testified<br />
that he was considering appointing this cousin to replace Hardy as<br />
the chief steward at McCormick Place. (Ex. 1 at 80)<br />
Michael W. Nallon, another cousin of the Hogans and a<br />
brother of Patrick, has also worked as a steward in the trade show<br />
industry. (Ex. 168)<br />
Michael Nallon became a Local 714 member in<br />
the trade show/movie division in April 1986 when he was twenty<br />
years old. (Ex. 133; Ex. 87 at 3-4)<br />
Dale Torii, the Hogans' brother-in-law, has also worked<br />
as a Local 714 steward in the trade show industry. (Ex. 168) 74<br />
Torii testified that he was paid $50,000 in 1995 for his Local 714<br />
72<br />
Kevin Maxwell began working in the trade show industry<br />
while in high school. (Ex. 79 at 3-4)<br />
73<br />
Patrick Nallon's grandfather, Patrick Nallon, is a brother<br />
of Winifred Hogan, the Hogans' mother. (Ex. 86 at 6; Appendix B)<br />
74<br />
Torii's wife, Winifred, is the Hogans' sister. (Ex. 115 at<br />
7, 24; Appendix A)<br />
41
work. (Ex. 115 at 27) 75<br />
In addition to the six relatives of the Hogan Executive<br />
Board members who have been stewards in the trade show industry,<br />
eleven members who worked as stewards began working in the trade<br />
show division through ties to the Hogan family. (Ex. 4) 76<br />
example, the former Rosemont chief steward, Nick Boscarino, joined<br />
Local 714 through his ties to the Hogans' brother, Michael Hogan,<br />
Sr.. (Ex. 13 at 14) In addition, John Schaul, who has worked as a<br />
steward in the trade show industry, is the brother-in-law of James<br />
F. Hogan, a cousin of the Hogans. (Ex. 103 at 4) 77 Local 714<br />
member Patrick Lynn testified that he joined Local 714 through the<br />
Hogans' brother-in-law, Dale Torii. (Ex. 70 at 4) 78<br />
For<br />
In addition to the seventeen relatives and friends of<br />
William Hogan, Jr. working as stewards in the trade show industry,<br />
75<br />
As discussed supra at 15-16, Torii is an owner of<br />
Exhibition Maintenance which cleans the Local 714 offices. (Ex. 115<br />
at 6-8) In addition, as discussed infra at 73, Torii's company<br />
Exhibition Maintenance does business with J&J, a trade show<br />
contractor which has a collective bargaining agreement with Local<br />
714. (Ex. 115 at 16-17)<br />
76<br />
These eleven individuals are: Nick Boscarino, Patrick Lynn,<br />
Michael Hardy, Thaddeus Larkowski, John McAuliffe, Tom Rosen,<br />
George DiLeonardi, Michael Casey, James Lonergan, Michael Bremer<br />
and John Schaul. (Ex. 4)<br />
77<br />
John Schaul testified that he began working in the trade<br />
show/movie industry in 1976 through his brother-in-law, Local 714<br />
member James F. Hogan. (Ex. 103 at 3-6) Schaul testified that in<br />
1995 he was paid $54,000 for his work through Local 714. (Ex. 103<br />
at 19)<br />
78<br />
Patrick Lynn has been a member of Local's trade show/movie<br />
division since 1981. (Ex. 70 at 3-4) His brother, Jerold Lynn, is<br />
also a member of the trade show/movie division. (Ex. 70 at 6; Ex.<br />
133) Patrick Lynn testified that he was paid between $50,000 and<br />
$70,000 in 1995 for his Local 714 work. (Ex. 70 at 12)<br />
42
four of the remaining thirteen members who held authority positions<br />
began working in the trade show/movie division through ties either<br />
to chief steward Hardy or to Rosemont chief steward Boscarino. (Ex.<br />
4) 79 For example, Hardy's brother, John, worked as a steward in<br />
the Local's trade show division. In 1995 he was paid $80,000 for<br />
his Local 714 work. (Ex. 48 at 7, 13, 25)<br />
Furthermore, two sons of former Local 714 officer Martin<br />
Oppenhauser, Sr., Martin Oppenhauser, Jr. and Kenneth Oppenhauser,<br />
have been stewards in the trade show division. (Ex. 91 at 4, 11;<br />
Ex. 90 at 4-5, 7) Oppenhauser, Sr. was a Local 714 officer from at<br />
least 1975 to 1984. (Ex. 131) Thus, of the thirty members who have<br />
held authority positions in the trade show industry, only seven<br />
have not been identified as being relatives or friends of the<br />
Hogans, other Local 714 officers or the chief stewards. (Ex. 4)<br />
d. Local 714 Members in Positions of<br />
Authority in the Movie Industry<br />
There are twenty-two Local 714 members who have held<br />
authority positions in the movie industry as transportation<br />
coordinators, movie captains or co-captains. (Ex. 168)8 0<br />
Approximately seventy-two percent of the twenty-two members who<br />
have held these positions in the movie industry began working in<br />
79<br />
The members who were in this group were the following: Mike<br />
Hardy's brother, John Hardy; Boscarino's step-brother, Michael<br />
Hansen; Boscarino's brother-in-law Bruce Talaber and John Maioni.<br />
(Ex. 4)<br />
80<br />
Some of the members who held positions of authority in the<br />
movie industry also held authority positions in the trade show<br />
industry.<br />
43
(Ex. 3) 81 i. Transportation Coordinators<br />
the trade show/movie industries through ties to the Hogan family.<br />
Of the twenty-two individuals who have held positions of<br />
authority in the movie industry, six have worked as transportation<br />
coordinators. (Ex. 168) 82 Currently the six Local 714 members who<br />
work as transportation coordinators are: William Hogan, III,<br />
Richard DeAngelo, Thaddeus Larkowski, George DiLeonardi, John<br />
McAuliffe and Armand Paoletti. (Ex. 168; Ex. 136 at 77) 83 Each of<br />
these members began working in the movie and trade show industries<br />
through connections to the Hogan family. (Ex. 3)<br />
The duties of the transportation coordinator included<br />
running the movie production's transportation department, assigning<br />
drivers, and obtaining necessary equipment. (Ex. 57 at 14-15; Ex.<br />
63 at 13; Ex. 81 at 9-10; Ex. 92 at 9-10) The transportation<br />
coordinator also may request that certain Local 714 members work on<br />
a movie production. (Ex. 33 at 24-25) In addition, the<br />
transportation coordinator is responsible for developing the budget<br />
for the transportation department. (Ex. 57 at 14-15; Ex. 38 at 16-<br />
81<br />
The average salary for the Local 714 members in authority<br />
positions in the movie industry was approximately $58,000. (Ex.<br />
179) Local 714 member Michael Deal testified that for working on<br />
a movie in 1995, he was paid $1,950 per week as a movie co-captain.<br />
(Ex. 35 at 13-14)<br />
82<br />
Each of the transportation coordinators have also worked as<br />
movie captains or co-captains. (Ex. 168)<br />
83<br />
Prior to being employed at Local 714 as a business agent,<br />
Robert Hogan, a son of William Hogan, Jr., was a transportation<br />
coordinator. (Ex. 136 at 87)<br />
44
17) 84 The practice is for the transportation coordinator to<br />
negotiate his own salary, at either an hourly or flat rate, with<br />
the movie production companies. (Ex. 63 at 11; Ex. 38 at 18; Ex. 34<br />
at 54-55)<br />
Transportation coordinator DeAngelo testified that the<br />
last flat rate he was paid was between $2,300 and $2,700 per week.<br />
(Ex. 34 at 57) 85<br />
William Hogan, III, the son of Secretary-Treasurer Hogan,<br />
has been a transportation coordinator in charge of transportation<br />
departments for movie productions since 1992. (Ex. 57 at 4, 14,<br />
15) 86 He joined Local 714 in 1982 when he was approximately<br />
nineteen years old. (Ex. 57 at 3-4) According to Hogan, III, his<br />
1995 income from Local 714 work was $80,000. (Ex. 57 at 12) As<br />
discussed infra at 65-72, he also is an owner of at least three<br />
companies, Movies in Motion/SJB Rentals, H&M Rentals and Art's RV<br />
Sewer and Septic, which did business with movie production<br />
companies that employ Local 714 members. (Ex. 57 at 16-19, 22-23;<br />
Ex. 72 at 13-16) As a transportation coordinator, he arranged for<br />
movie production companies to do business with the companies of<br />
84<br />
According to transportation coordinator Armand Paoletti,<br />
the budget for the transportation department in a full-length<br />
feature film is between $750,000 and $1 million. (Ex. 129, Paoletti<br />
statement at 1-2)<br />
85<br />
DeAngelo also testified that when he works as a<br />
transportation coordinator he leases his 1991 Buick station wagon<br />
to movie production companies for approximately $225 per week. (Ex.<br />
34 at 61-62)<br />
86<br />
According to William Hogan, III, he first worked as a<br />
transportation coordinator in 1992, when a transportation<br />
coordinator left in the middle of the job and the movie production<br />
company promoted Hogan, who was the movie captain, to the position<br />
of transportation coordinator. (Ex. 57 at 14)<br />
45
which he is a part owner. (Ex. 57 at 14-16, 19-20)<br />
Transportation coordinator Richard DeAngelo ("DeAngelo")<br />
became a Local 714 member in approximately 1978 through Michael<br />
Hogan and former transportation coordinator Jim Riccio. (Ex. 33 at<br />
3-4, 8; Ex. 32 at 10) 87 For approximately the past fifteen years,<br />
he has worked as a transportation coordinator on movie productions.<br />
(Ex. 34 at 58) As detailed infra at 86-89, DeAngelo is an owner of<br />
Premier Fuel and Cartage along with William Daddano, III and the<br />
ten year old daughter of former Rosemont steward Boscarino. (Ex. 33<br />
at 44; Ex. 13 at 99)" When DeAngelo worked as a transportation<br />
coordinator, he arranged for Premier to provide gas to the movie<br />
production companies. (Ex. 34 at 20) 89<br />
When he worked on movie<br />
productions, DeAngelo also leased his pickup truck to the movie<br />
production companies for approximately $350 per week. (Ex. 34 at<br />
60-61)<br />
Transportation coordinator Thaddeus Larkowski joined<br />
Local 714 in 1985 as a result of his high school friendship with<br />
Robert Hogan and became a transportation coordinator in<br />
approximately 1992. (Ex. 63 at 3-4; 8-9; Ex. 133) In 1995 he was<br />
paid $80,000 for his Local 714 work. (Ex. 63 at 8)<br />
Transportation coordinator John McAuliffe became a Local<br />
87<br />
In the 1960s, DeAngelo was a Chicago police officer.<br />
According to DeAngelo, he left the police force after being accused<br />
of taking a bribe. (Ex. 33 at 16)<br />
88<br />
Premier has a collective bargaining agreement with Local<br />
714. (Ex. 33 at 38)<br />
89<br />
As detailed infra at 86-89, Premier also provides fuel for<br />
the major trade show contractors.<br />
46
714 member in approximately 1968. McAuliffe's father grew up with<br />
William Hogan, Sr., the Local's former principal officer. (Ex. 81<br />
at 3-4) After McAuliffe's father introduced his son to Hogan, Sr.,<br />
McAuliffe was permitted to join the Local 714 trade show/movie<br />
division. (Ex. 81 at 3-4) 90 McAuliffe testified that he became a<br />
transportation coordinator in 1986 after chief steward Hardy sent<br />
him for an interview for that position. (Ex. 81 at 9) McAuliffe<br />
testified that his 1995 income from Local 714 work was $65,000.<br />
(Ex. 81 at 8)<br />
Armand Paoletti, who has worked as a transportation<br />
coordinator, became a Local 714 member in September 1979. (Ex. 92<br />
at 3) His uncle, Paul Paoletti, owned a clothes store where<br />
William Hogan, Jr. shopped. (Ex. 92 at 4-5) As a result of his<br />
uncle's connection to Hogan, Jr., Armand Paoletti began to work in<br />
the Local 714 trade show/movie division. (Ex. 92 at 4) Paoletti<br />
first worked as a transportation coordinator in 1988. He obtained<br />
this position after speaking with William Hogan, Jr.. (Ex. 92 at 8-<br />
9) His 1995 income from his Local 714 work was $70,000. (Ex. 92 at<br />
8 )91<br />
Transportation coordinator George DiLeonardi became a<br />
Local 714 member in June 1980. (Ex. 38 at 4) In 1978 or 1979 he<br />
pled guilty to mail fraud and was sentenced to probation for making<br />
payments to Chicago officials while he was employed at Motorola.<br />
90<br />
McAuliffe's brother, Dennis McAuliffe, is a member of the<br />
Local 714 trade show/movie division. (Ex. 81 at 6)<br />
91<br />
Paoletti's brother, Joseph Paoletti, is also a member of<br />
the Local 714 trade show/movie division. (Ex. 93 at 3-4)<br />
47
(Ex. 38 at 5) After this, DiLeonardi's brother introduced him to<br />
both William Hogan, Sr. and Jr.. As a result, like other felons,<br />
he began working in the Local 714 trade show/movie division. (Ex.<br />
38 at 3-6) 92 DiLeonardi first became a transportation coordinator<br />
in the early to mid-1980's through Hardy. (Ex. 38 at 14-15)<br />
According to DiLeonardi, in 1995 his income from his work through<br />
Local 714 was approximately $90,000. (Ex. 38 at 10)<br />
ii.<br />
Movie Captains and Co-Captains<br />
A movie captain's duties included handling the<br />
transportation needs of the movie set, assigning Local 714 members<br />
to drive particular vehicles and keeping the equipment operational.<br />
(Ex. 51 at 9; Ex. 26 at 13; Ex. 63 at 13; Ex. 78 at 15) There are<br />
twenty-two members who have worked as movie captains or cocaptains.<br />
93<br />
Of these twenty-two members, six relatives of William<br />
Hogan, Jr., two sons, three nephews and a cousin, have held<br />
positions of authority in the movie industry. (Ex. 3) 94<br />
92<br />
For example, Local 714 trade show/movie division member<br />
Thomas O'Malley was a former employer Trustee on the Central States<br />
Pension Fund and was convicted of conspiracy to bribe United States<br />
Senator Cannon. (Ex. 81 at 7-8) O'Malley was arrested with Roy<br />
Williams, Joseph Lombardo, Allen Dorfman and others. (Ex. 81 at 7)<br />
As a result of this conviction, O'Malley served three years in<br />
federal prison. (Ex. 81 at 7) In addition, as discussed infra at<br />
102-105, former Local 714 member Charles Miller was permitted to<br />
join the Local's trade show/movie division while his criminal<br />
appeal was pending and he remained a member while incarcerated.<br />
93<br />
This figure included the six transportation coordinators<br />
who have also worked as movie captains or co-captains.<br />
94<br />
The relatives of William Hogan, Jr. who have held positions<br />
of authority in the movie industry include the following: William<br />
Hogan, III, James A. Hogan, Daniel Maxwell, Kevin Maxwell, Tim<br />
48<br />
In
addition, ten other members who have held authority positions in<br />
the movie industry testified that they began working in the Local's<br />
trade show/movie division through connections to the Hogan family.<br />
(Ex. 3) 95<br />
James A. Hogan, another son of principal officer Hogan,<br />
has worked as a movie captain. (Ex. 168) He became a Local 714<br />
member in approximately August 1987 when he was eighteen years old.<br />
(Ex. 51 at 3-4; Ex. 133) In 1995 he was paid $65,000 for his work<br />
as a Local 714 member. (Ex. 51 at 8) As detailed infra at 65-72,<br />
he has been an officer of at least three companies, Movies in<br />
Motion/SJB Rentals, H & M Rentals and Art's RV Sewer and Septic,<br />
which do business with movie production companies that employ Local<br />
714 members. (Ex. 51 at 10-12, 16)<br />
William Hogan, Jr.'s nephew, Timothy Maxwell, has also<br />
worked as either a movie captain or co-captain. (Ex. 80 at 21-22)<br />
He was paid $50,000 in 1995 for his Local 714 work. (Ex. 80 at 20)<br />
As discussed infra at 72-73, he is one of the owners of ChemDry<br />
MaxWash which cleans movie trailers and does business with<br />
companies that employ Local 714 members. (Ex. 80 at 31-33)<br />
William Hogan, Jr.'s cousin, Robert Voss, also worked as<br />
a movie captain or co-captain. (Ex. 168) In 1995 he was paid<br />
Maxwell and Robert Voss. (Ex. 3)<br />
9' These individuals included Richard DeAngelo, Patrick Lynn,<br />
Thaddeus Larkowski, John McAuliffe, Armand Paoletti, George<br />
DiLeonardi, Sal Cangelosi, Michael Deal, Todd Dickison and Charles<br />
Burandt. (Ex. 3)<br />
49
approximately $50,000 for his Local 714 work. (Ex. 118 at 12)"<br />
In addition to Secretary-Treasurer Hogan's and <strong>President</strong><br />
Hogan's six relatives who have held positions of authority in the<br />
movie industry, ten other members who have ties to the Hogan family<br />
also have held positions of authority. (Ex. 3) For example, after<br />
graduating from high school in approximately 1985, Todd Dickison,<br />
who has worked as a movie co-captain, began working in the trade<br />
show and movie industries through his high school friend, Robert<br />
Hogan. (Ex. 37 at 3-4, 21) In 1995, his pay for eight or nine<br />
months work as a Local 714 member was $42,000. (Ex. 37 at 16)<br />
Michael Deal, another high school friend of Robert Hogan,<br />
also worked in a position of authority in the movie industry. (Ex.<br />
35 at 4, 13; Ex. 168) Deal became a member of the Local 714 trade<br />
show/movie division in 1986 after working as an extra for a year<br />
and a half. (Ex. 35 at 3) He began as an extra after asking his<br />
high school friend Robert Hogan for work. (Ex. 35 at 4) In 1995<br />
Deal testified that he was paid $45,000 for his Local 714 work.<br />
(Ex. 35 at 27)<br />
Salvatore Cangelosi, a high school friend of William<br />
Hogan, Jr., has worked as a movie captain. (Ex. 21 at 4, 17)<br />
% Local 714 member Robert Voss testified that he joined<br />
Local 714 in the late 1970's, when he was approximately twenty<br />
years old, after William Hogan, Sr. told him that Local 714<br />
employer Ekco Housewares was hiring. According to Voss, in or<br />
about 1978, he left Ekco Housewares and began working as a Local<br />
714 member in the trade show/movie industry. (Ex. 118 at 3-8) As<br />
discussed supra at 15, Robert Voss's mother, Delores Voss, was a<br />
secretary employed at Local 714 and his father, George Voss, worked<br />
from 1980 to approximately 1989 in the trade show/movie division.<br />
(Ex. 118 at 6-7)<br />
50
Cangelosi became a member of Local 714's trade show/movie division<br />
in 1985. (Ex. 21 at 3, 8) Cangelosi's 1995 income for his Local<br />
714 work was approximately $40,000. (Ex. 21 at 13)<br />
In sum, of the twenty-two members who held authority<br />
positions in the movie industry, seventy-two percent began working<br />
in the Local's trade show/movie division as a result of ties to the<br />
Hogan family. (Ex. 3)<br />
7. Boscarino's Position as Chief Steward at the Rosemont<br />
Exposition Center<br />
(Ex. 13 at 4) 97<br />
Nick Boscarino ("Boscarino") joined Local 714 in 1971.<br />
In 1978, William Hogan, Sr. appointed Boscarino<br />
the chief steward for Rosemont Exposition Services ("Rosemont").<br />
(Ex. 13 at 18) From 1978 when he was appointed chief steward for<br />
Rosemont until his resignation this May, Boscarino worked at the<br />
Rosemont Exposition Center. (Ex. 13 at 19) According to Boscarino,<br />
in 1995 he was paid approximately $100,000 for his work as chief<br />
steward for Rosemont. (Ex. 13 at 22) 98<br />
97<br />
All of his work as a Local 714 member had been in the<br />
Local's trade show/movie division. (Ex. 13 at 21) Prior to joining<br />
Local 714, Boscarino was employed as a Teamster through another<br />
Local in Chicago for approximately one year as a helper on a truck.<br />
(Ex. 13 at 4-5) From 1971 through 1974, Boscarino worked as a<br />
Local 714 member for various trade show contractors at McCormick<br />
Place including the following Local 714 employers: Freeman, United<br />
Expositions and J&J. From 1974 until 1978, when Hogan, Sr. made<br />
him Rosemont steward, he drove a truck for United Expositions. (Ex.<br />
13 at 21)<br />
98<br />
During his January 24, 1996 sworn examination, Boscarino<br />
testified he never received money from Local 714 except for a $200<br />
Christmas gift. (Ex. 13 at 16, 18) However, Local 714 records<br />
reflected that between September 1986 and August 1988, Boscarino<br />
received $100 each month from Local 714. (Ex. 188) It is unclear<br />
51
Prior to joining Local 714, Boscarino knew William Hogan,<br />
Sr., and his sons, William, Michael and James. (Ex. 13 at 13-14)<br />
Boscarino went to high school with Michael Hogan. (Ex. 13 at 14)<br />
Boscarino, who has known the Hogan family since he was 12 years<br />
old, described himself as a personal friend of Michael Hogan, Sr..<br />
(Ex. 13 at 14) 99 In addition, current Secretary-Treasurer Hogan<br />
testified that he has had a social relationship with Boscarino.<br />
(Ex. 1 at 149) m<br />
As the chief steward for Rosemont, Boscarino reported to<br />
Hardy, the chief steward for the union's trade show/movie division.<br />
(Ex. 13 at 22-23) 101<br />
Boscarino testified that he did not report to<br />
anyone else. (Ex. 13 at 23) 102 Boscarino testified that he<br />
"supervise[s], for Rosemont Expo Services, all the guys in our<br />
what these payments were for. (Ex. 13 at 18-19; Ex. 1 at 81-82)<br />
99<br />
While the Rosemont chief steward, Boscarino was involved in<br />
a business, Show Services, Inc., with Michael Hogan, Sr.. (Ex. 186)<br />
Show Services, Inc. was incorporated on June 30, 1982 with<br />
Boscarino as one of the officers. (Ex. 186) On the annual reports<br />
Show Services filed in 1984 and 1985, Michael Hogan, Sr. and<br />
Boscarino were listed as the officers. (Ex. 186) On the annual<br />
report Show Services filed in 1986, Boscarino was no longer listed<br />
as an officer and on November 1, 1990, Show Services was dissolved<br />
for failure to file an annual report and pay an annual franchise<br />
tax. (Exs. 186 and 187)<br />
100<br />
For example, he testified that Boscarino attended his<br />
wedding and he "probably" attended Boscarino's wedding. (Ex. 1 at<br />
149)<br />
101<br />
The Local 714 business agent for Rosemont is Local 714<br />
Recording Secretary Robert Hogan. (Ex. 136 at 8)<br />
102<br />
As the chief steward, Boscarino also supervised any Local<br />
714 stewards who worked at the Rosemont Exposition Center. (Ex. 13<br />
at 23)<br />
52
local." (Ex. 13 at 17) 103 He further testified that if a Local 714<br />
member had a problem with Rosemont, Boscarino would be the first<br />
person the member would go to from the Local. (Ex. 13 at 17)<br />
However, Boscarino testified that he did not file grievances on<br />
behalf of Local 714 members and he did not know who had that<br />
responsibility. (Ex. 13 at 17-18) According to Secretary-Treasurer<br />
Hogan, Local 714 never has filed a grievance against Rosemont. (Ex.<br />
1 at 62)<br />
Boscarino testified that when a trade show came to the<br />
Rosemont Exposition Center, someone from Rosemont informed him how<br />
many individuals were needed to work that show. (Ex. 13 at 30; Ex.<br />
50 at 29) 1 04 Boscarino and Hardy selected who would work. (Ex. 13<br />
at 24) 105 The Local did not have any seniority lists for the trade<br />
show/movie division or for Rosemont. (Ex. 13 at 24; Ex. 165) There<br />
were no objective grounds for making the referral decision and as<br />
described supra at 26-50, impermissible factors were used.<br />
103<br />
Boscarino testified that he worked for Rosemont every day<br />
and had an office provided by the company. (Ex. 13 at 28, 30-31)<br />
As the chief steward at the Rosemont Exposition Center, Boscarino<br />
did not unload trucks, rather, he supervised other Teamsters. (Ex.<br />
13 at 111-112)<br />
104<br />
Boscarino testified that depending upon the trade show,<br />
he worked with one of the following account executives employed at<br />
Rosemont: David Houston, Grant Bailey, Ray Talaber or Bob Langer.<br />
(Ex. 13 at 27) Houston and Bailey are also officers of Rosemont.<br />
(Ex. 202)<br />
105<br />
According to Local 714 member Oscar Glass, who is<br />
Boscarino's father-in-law, Local 714 members were hired to work at<br />
the Rosemont Exposition Center through Boscarino. (Ex. 45 at 4, 8-<br />
9)<br />
53
8. Boscarino Selected his Relatives and Friends for Work for<br />
Rosemont Exposition Services<br />
At least eleven relatives and friends of former Rosemont<br />
chief steward Boscarino are Local 714 members working for Rosemont.<br />
a. Boscarino's Relatives<br />
At least six of Boscarino's relatives are Local 714<br />
members employed in the Local's trade show/movie division. (Ex. 5)<br />
They worked primarily for Rosemont. (Ex. 45 at 6; Ex. 113 at 21-22;<br />
Ex. 9 at 13) Three of the five Local 714 members chief steward<br />
Hardy identified, in addition to Boscarino, as having supervisory<br />
responsibility at the Rosemont Exposition Center were Boscarino's<br />
relatives. (Ex. 50 at 68) 106<br />
None of Boscarino's relatives were<br />
Local 714 members prior to starting work in the Local's trade<br />
show/movie division.<br />
Local 714 member Oscar Glass, who worked in a supervisory<br />
capacity at Rosemont, is Boscarino's father-in-law. (Ex. 45 at 4;<br />
Ex. 13 at 10; Ex. 50 at 68) According to Boscarino, he and Glass<br />
were the only two Teamsters who worked every day for Rosemont. (Ex.<br />
13 at 30-31) 107<br />
106<br />
In addition to Boscarino, chief steward Hardy identified<br />
Oscar Glass, Michael Hansen, Bruce Talaber, Ronald Comiano and<br />
Frank DeFeo as Local 714 members having supervisory responsibility<br />
at the Rosemont Exposition Center. (Ex. 50 at 68) Glass, Hansen<br />
and Talaber are Boscarino's relatives. (Ex. 13 at 8-12; Ex. 113 at<br />
3-5)<br />
107<br />
However, Ronald Comiano, the foreman in the furniture<br />
department for Rosemont, testified that he worked each day for<br />
Rosemont. (Ex. 30 at 15) Comiano is an owner of Table Rentals and<br />
Accessories, a company which rents tables in the trade show<br />
industry. (Ex. 30 at 51-61) Table Rental and Accessories was<br />
incorporated on March 12, 1992. (Ex. 306)<br />
54
Glass testified he became a Local 714 member in the late<br />
1970's through Boscarino and Michael Hogan, Sr.. (Ex. 45 at 3-4) 108<br />
Boscarino appointed Glass the dock foreman for Rosemont<br />
approximately twelve years ago. (Ex. 45 at 6-7) Glass testified<br />
that he was paid $83,000 in 1995. (Ex. 45 at 8) In addition, as<br />
discussed infra at 82-85, Glass, along with Boscarino, is an<br />
officer of OG Services, a company which leased forklifts to<br />
Rosemont, the Local 714 employer. (Ex. 45 at 11-12)<br />
Local member Michael Hansen is Boscarino's step brother.<br />
(Ex. 47 at 7) 109 Hansen, who joined Local 714 in 1974 when he was<br />
approximately twenty-two years old, worked for Rosemont. (Ex. 13 at<br />
8; Ex. 47 at 3-5) Hansen has worked as a steward in the trade show<br />
industry. (Ex. 168) Hardy identified Hansen as one of the members<br />
with supervisory responsibility at the Rosemont Exposition Center.<br />
(Ex. 50 at 68) According to Hansen, in 1995 he was paid<br />
approximately $75,000 for his work as a Local 714 member. (Ex. 47<br />
at 9)<br />
Local 714 member Michael Ayache is married to Boscarino's<br />
first cousin, Marie Ayache. (Ex. 9 at 4-5) u ° Boscarino assisted<br />
108<br />
All of Glass' work as a Local 714 member has been in the<br />
trade show/movie division. (Ex. 45 at 3, 6)<br />
109<br />
Hansen testified that he may have gotten his job through<br />
Boscarino. (Ex. 47 at 4, 9)<br />
110<br />
Marie Ayache, Boscarino's cousin, is Secretary/Director of<br />
O & M Forklift Services ("O & M") and runs the daily operation of<br />
that company. (Ex. 203; Ex. 45 at 22-23) Glass, who is an owner of<br />
O & M, described that company as "a payroll company for the<br />
mechanics" who worked for OG Services, which, as discussed infra at<br />
82-85, is a forklift company Boscarino owns. (Ex. 45 at 22)<br />
55
Michael Ayache to join Local 714 and get work at Rosemont. (Ex. 13<br />
at 11) 111 Ayache was paid $50,000 for his work as a Local 714<br />
member in 1995. (Ex. 9 at 10)<br />
Bruce Talaber, Boscarino's brother-in-law, became a<br />
member of Local 714's trade show division in April 1977. (Ex. 113<br />
at 3-5) 112 According to Talaber, Boscarino assigned him specific<br />
jobs at the Rosemont Exposition Center where Talaber primarily<br />
worked. (Ex. 113 at 21-24) Talaber worked as a steward in the<br />
trade show industry. (Ex. 168) Hardy identified Talaber as one of<br />
the members with supervisory responsibility at the Rosemont<br />
Exposition Center. (Ex. 50 at 68) He was paid $54,000 for his<br />
Local 714 work in 1995. (Ex. 113 at 25)<br />
Boscarino's uncle and cousin, John Wiercinski and Walter<br />
Wiercinski, were both Local members employed in the Local's trade<br />
show division. (Ex. 13 at 10, 12) Walter joined Local 714 in<br />
October 1979 and John joined in June 1995. (Ex. 133)<br />
b. Boscarino's Friends<br />
In addition to six Boscarino relatives being Local 714<br />
trade show division members, at least five other Local 714 trade<br />
show members testified that they began working trade shows as a<br />
result of their prior non-union connections to Boscarino.<br />
111<br />
Prior to joining Local 714 in approximately 1987, Ayache<br />
worked for Boscarino's company, Bomark Cleaning Services, as a<br />
maintenance worker at the Rosemont Exposition Center. (Ex. 9 at 4;<br />
Ex. 133)<br />
112<br />
Bruce Talaber is also a third cousin of Ray Talaber, an<br />
account executive at Rosemont. (Ex. 45 at 16)<br />
56
For example, Local 714 member Louis Lomeli obtained work<br />
in trade shows through Boscarino. (Ex. 68 at 4-5) Between 1986 and<br />
1992, Lomeli was a professional boxer and Battle Promotions<br />
("Battle") managed him. (Ex. 68 at 4-5) Boscarino was an officer<br />
of Battle, a company that promoted prize fights. (Ex. 13 at 113-<br />
116; Ex. 68 at 4-5; Ex. 204) Lomeli became a Local 714 member in<br />
July 1988 after John Daddano, another Battle officer, contacted<br />
Boscarino to get Lomeli a job. (Ex. 68 at 4; Ex. 133)<br />
In addition, Local 714 trade show/movie division member<br />
Joseph Aulenta testified he became a Local 714 member in 1994<br />
through his father's ties to Boscarino for whom Aulenta's father is<br />
an insurance agent. (Ex. 8 at 3-7)<br />
Local 714 trade show/movie<br />
division member George Lemke testified that he became a Local<br />
member in 1994 after doing non-union maintenance work for<br />
Boscarino's company, Bomark Cleaning Services at the Rosemont<br />
Exposition Center. (Ex. 65 at 3-4)<br />
As a Local 714 member he<br />
primarily worked at Rosemont and in 1995 was paid approximately<br />
$37,000. (Ex. 65 at 6, 16)<br />
Boscarino's other friends who began to work in the<br />
Local's trade show/movie division included Anthony Lizio and Joseph<br />
Bruno.<br />
After Anthony Lizio closed a delicatessen he owned that had<br />
delivered food to the Rosemont Exposition Center, Lizio joined the<br />
Local through Boscarino. (Ex. 67 at 3-6) 113<br />
Lizio worked primarily<br />
at the Rosemont Exposition Center and in 1995 made $45,000. (Ex. 67<br />
113<br />
During his sworn examination, Lizio testified that in the<br />
1950s he was convicted of truck highjacking, burglary and armed<br />
robbery. (Ex. 67 at 6-9)<br />
57
at 11) Before Joseph Bruno became a Local member in 1983, he<br />
worked as a milk truck driver and was a member of <strong>IBT</strong> Local 753.<br />
(Ex. 15 at 3, 4) He joined Local 714 through Boscarino whom he met<br />
at a restaurant they both frequented. (Ex. 15 at 3-4) Bruno worked<br />
for Rosemont loading and unloading trucks and was paid<br />
approximately $31,000 in 1995. (Ex. 15 at 6)<br />
9. Trade Show Contract Negotiations<br />
The procedures for negotiating the Local's collective<br />
bargaining agreements in the trade show industry differed from the<br />
manner in which other Local contracts were negotiated. In contrast<br />
to the practice in the majority of the Local's collective<br />
bargaining negotiations (Ex. 138 at 58-61; Ex. 1 at 24; Ex. 136 at<br />
72), no committee of members participated in the collective<br />
bargaining negotiations in the trade show industry. (Ex. 136 at 70;<br />
Ex. 1 at 24) In addition, although other Local contracts were<br />
generally approved through a secret ballot vote, there were no<br />
secret ballot votes on tentative trade show contracts. (Ex. 1 at<br />
24-27; Ex. 136 at 71-72) Given the undisclosed business dealings<br />
between the stewards and relatives of Executive Board members with<br />
these employers as discussed at infra at 63-96, the absence of<br />
these standard practices is disturbing. The difference in<br />
practices is also further evidence that the trade show division was<br />
run as a Hogan family fiefdom within the Local.<br />
On behalf of Local 714, Secretary-Treasurer Hogan, his<br />
son, Robert Hogan and Hardy participated in the last collective<br />
58
argaining negotiations with the trade show contractors. (Ex. 49 at<br />
19-20; Ex. 1 at 21) 1 " Robert Hogan testified that after a<br />
tentative agreement had been negotiated with the trade show<br />
contractors, a meeting was held to explain to the members what was<br />
negotiated. (Ex. 136 at 70-71) However, there were no notices for<br />
such meetings. (Ex. 136 at 71; Ex. 287)<br />
Rather, chief steward<br />
Hardy told the members about the meetings. (Ex. 136 at 71) No<br />
minutes or notes were kept of such meetings. (Ex. 136 at 71; Ex.<br />
301) These were not contract approval meetings." 5 Robert Hogan<br />
admitted that usually outside the trade show industry, secret<br />
ballot votes were taken on the collective bargaining agreements.<br />
(Ex. 136 at 72) 116 In contrast, in the twenty-eight years that<br />
Secretary-Treasurer Hogan has been an officer of the Local, there<br />
have been no secret ballot votes on any tentative collective<br />
bargaining agreement the Local negotiated with the trade show<br />
114<br />
Although chief steward Hardy participated in the contract<br />
negotiations, during his January 1996 sworn examination, Hardy<br />
testified that he had not seen the Local 714 collective bargaining<br />
agreements with trade show contractors Freeman or GES. (Ex. 49 at<br />
23, 45-46) Given the business dealings among Hogan family members<br />
and employers detailed infra at 63-74, the secrecy of the<br />
negotiations and contracts is troubling.<br />
115<br />
When asked whether contract ratification meetings were held<br />
for the trade show division contracts, Secretary-Treasurer Hogan<br />
admitted, "not in the normal sense, no." (Ex. 1 at 24) According<br />
to him, "[n]ormally if it is a meeting we get round [sic] of<br />
applause, hand shakes, thank yous. There has never been a problem<br />
where they [the members] say we want a secret ballot." (Ex. 1 at<br />
25)<br />
116<br />
If Robert Hogan took a secret ballot vote, he would retain<br />
the tally sheet for the period of the contract. However, if no<br />
secret ballot vote was taken he would not retain any documents.<br />
(Ex. 136 at 72-73)<br />
59
contractors. (Ex. 1 at 6, 26) 117<br />
Given the total discretion of the Hogan family and<br />
stewards over hiring and work assignments, it indeed would be<br />
surprising if any member voiced any open disagreement or openly<br />
requested a secret ballot vote. As one member summarized the<br />
process, "[u]sually we just knew that Mike Hardy and Bill, Jr., or<br />
whoever was negotiating the contract, said [sic] they knew what was<br />
best for us, and it's usually what we went by." (Ex. 74 at 13)<br />
10. November 1995 Nomination Meeting<br />
Both the manner in which one became a member of the<br />
Local's trade show/movie division and in which members in that<br />
division were selected for that work with its superior wages forged<br />
a cadre of Local members completely dependent on William Hogan, Jr.<br />
and his appointees for their livelihoods. As to be expected, these<br />
men, who did not even participate in the negotiation of their<br />
contracts or, indeed, vote on them, were the most consistent<br />
attendees at membership meetings to support the officers. (Ex. 1 at<br />
25) Such repayment was to be expected since for every minute of<br />
work, these individuals were dependent for work assignments on the<br />
unguided discretion of the appointed chief steward, who served at<br />
the Secretary-Treasurer's pleasure. 118<br />
117<br />
Hardy testified that he was not aware of an actual vote on<br />
the collective bargaining agreement covering the trade show<br />
workers. (Ex. 49 at 24-25)<br />
118<br />
In his report Miller acknowledged this dependence stating,<br />
" [b] ecause Local 714 may significantly influence the employment and<br />
earnings opportunities of members in the referral group, it is<br />
60
A recent example of the power of this captive group was<br />
shown at the Local's November 1995 nominations meeting where the<br />
room was filled close to capacity with members from the Local's<br />
trade show/movie division. (Ex. 74 at 43) On Sunday, November 5,<br />
1995 the Local 714 nomination meeting for union officers was held<br />
at the union hall at 9:00 a.m.. (Ex. 182) One trade show member<br />
admitted that trade show steward Hardy directed him to be at the<br />
union hall at 6:00 a.m.. (Ex. 74 at 42-43) When asked why he<br />
arrived at the union hall at 6:00 a.m., the member responded,<br />
stating the obvious, "[y]ou tell me. So we're all, so, we're<br />
there, so we fill up the hall, I guess. Because there will be no<br />
seats. Everybody gets there early." (Ex. 74 at 42-43)<br />
According to the sign-in sheets for this meeting, 210<br />
Local members out of a total membership of approximately 10,700<br />
attended the meeting. (Ex. 183) At least 174 of the attendees (or<br />
83% of the members in attendance) were either a member of the<br />
Local's trade/show movie division (160) or a Local employee (14).<br />
(Exs. 183 and 184) 119<br />
In a Local of over 10,000 members where less<br />
than two percent of the members attended, the trade show/movie<br />
important that favoritism, as well as the appearance of favoritism,<br />
be minimized if not eliminated altogether." (Ex. 129 at 34-35)<br />
119<br />
This figure did not include the six members who attended<br />
from the GES warehouse because such members, although working in<br />
the trade show industry, were covered under the GES warehouse<br />
collective bargaining agreement and not the GES trade show<br />
collective bargaining agreement. In addition, the dues for these<br />
members were paid via check-off. If these individuals were<br />
included in the analysis, 86% of the members in attendance at the<br />
November 1995 nomination meeting worked in the trade show industry<br />
or were employed at the Local. (Ex. 184)<br />
6 1
division had 63% of its 258 members in attendance. (Ex. 184)<br />
11. Analysis<br />
Discriminatory or arbitrary operation of a hiring hall<br />
violates the NLRA because through such conduct "the union gives<br />
notice that its favor must be curried, thereby encouraging<br />
membership and unquestioned adherence to its policies." National<br />
Labor Relations Bd. v. International Ass'n of Bridge, Structural &<br />
Ornamental Iron Workers, No. 433, 600 F.2d 770, 777 (9th Cir.<br />
1979), cert. denied, 445 U.S. 915 (1980). Unions operating hiring<br />
halls have a heightened duty of fair dealing because they are<br />
acting in the employer role which forces the individual members to<br />
stand alone against the joint union/employer entity. See<br />
Boilermakers Local No. 374 v. NLRB, 852 F.2d 1353, 1358 (D.C. Cir.<br />
1988); see also, International Union of Operating Engineers Local<br />
406 v. NLRB, 701 F.2d 504, 508 (5th Cir. 1983) (although a union is<br />
not prohibited from operating a hiring hall, it "may not apply<br />
arbitrary or invidious criteria in referring employees to jobs.");<br />
see also Lewis v. Local Union No. 100, 750 F.2d 1368, 1375 n.9 (7th<br />
Cir. 1984) (same). The members are even more estranged from their<br />
representatives when those representatives or their family members<br />
are financially dependent on the employers through non-union<br />
business dealings as is the case in Local 714.<br />
Although Local 714 did not operate an exclusive hiring<br />
hall per se, the Local is the exclusive referrer of individuals to<br />
work in the trade show and movie industries. (Ex. 50 at 20-21; Ex.<br />
6 2
136 at 52) Such power is similar to an "exclusive" hiring hall<br />
arrangement. See Carpenters Local 608, United Brotherhood of<br />
Carpenters and Joiners of America, AFL-CIO, 279 N.L.R.B. 747, 1986<br />
NLRB Lexis 500, at *36-38 (1986), enf'd, 811 F.2d 149 (2d Cir.),<br />
cert. denied, 484 U.S. 817 (1987) (a hiring hall is deemed to exist<br />
where an employer has the contractual right to bring in a certain<br />
number or percentage of employees onto a job); accord, Breininger<br />
v. Sheet Metal Workers Int'l Ass'n Local Union No. 6, 493 U.S. 67,<br />
71 n.1 (1989) ("the word 'exclusive' when used with respect to job<br />
referral systems is a term of art denoting the degree to which<br />
hiring is reserved to the union hiring hall. Hiring is deemed to<br />
be 'exclusive' for example, if the union retains sole authority to<br />
supply workers to the employer up to a designated percentage of the<br />
work force . . . before the employer can hire on his own.")<br />
Moreover, the arbitrary way the Local 714 trade<br />
show/movie division operated conflicts with the <strong>IBT</strong> Constitution<br />
and the oath all Local officers take.<br />
D. Companies Owned By Hogan Family Members in Authority_<br />
Positions That do Business with Local 714 Employers<br />
1. Movie Industry<br />
a. Introduction<br />
Local 714 has jurisdiction over drivers on movie<br />
productions in the Chicago area. As detailed supra at 43-51,<br />
seventy-two percent of the Local 714 members in positions of<br />
authority in the movie industry had ties to the Hogan family. (Ex.<br />
3)<br />
In the movie industry in Chicago, the Teamster<br />
6 3
transportation coordinators are responsible for obtaining equipment<br />
from rental companies for the movie production companies. (Ex. 57<br />
at 15) The six transportation coordinators, who are Teamster<br />
members, are responsible for obtaining equipment for the movie<br />
production companies to lease. Each of the transportation<br />
coordinators has ties to the Hogan family. The transportation<br />
coordinators frequently arranged for movie production companies<br />
which employ Teamsters to lease equipment from companies Hogan<br />
family members own . 12 °<br />
For example, Movies In Motion currently leases<br />
transportation equipment to movie production companies which have<br />
collective bargaining agreements with Local 714. (Ex. 57 at 19-20)<br />
As detailed infra at 65-70, William Hogan, III, James A. Hogan,<br />
James F. Hogan, <strong>President</strong> James M. Hogan's three children and<br />
former Local 714 member Salvatore Galioto's mother are the current<br />
owners of Movies in Motion. (Ex. 52 at 65-67) 121<br />
William Hogan, III<br />
is a transportation coordinator and has arranged for movie<br />
120<br />
Transportation coordinator DeAngelo testified that no<br />
written bids were used to select the equipment the movie production<br />
companies leased. (Ex. 33 at 25-26) DeAngelo testified that<br />
written contracts are entered into between the equipment rental<br />
companies and the movie production companies which the<br />
transportation coordinator or production manager signed. (Ex. 33 at<br />
34)<br />
121<br />
When Movies in Motion was first created, Robert Hogan and<br />
Dennis Collucci were owners of the company. (Ex. 136 at 82)<br />
However, when Robert Hogan became a Local business agent, he sold<br />
his share of the company to his brothers, William and James. (Ex.<br />
136 at 88-90) In addition, Dennis Collucci sold his shares of the<br />
company to Local 714 <strong>President</strong> James M. Hogan's children. (Ex. 135<br />
at 81-84)<br />
64
production companies to use Movies in Motion. (Ex. 57 at 20 122<br />
b. Movies in Motion/SJB Rentals<br />
Movies in Motion, Inc., a company which leases equipment<br />
to movie production companies that employ Teamsters, was<br />
incorporated on April 28, 1987. (Ex. 265) 123<br />
The officers listed on<br />
the 1988 annual report for this company were: William Hogan, III,<br />
Robert Hogan and former Local 714 member Salvatore Galioto. (Ex.<br />
265) 124 At the time this company was incorporated, each of the<br />
listed corporate officers were Local 714 members. (Ex. 133 and 268)<br />
122<br />
Secretary-Treasurer Hogan testified that he has<br />
occasionally spoken to representatives of movie production<br />
companies about the equipment companies his children own. When<br />
asked the circumstances of such discussions, Hogan responded,<br />
(Ex. 1 at 43-44)<br />
More than likely they would raise it and say I understand<br />
your sons own equipment and we could have a discussion on<br />
that. I would tell them right up front, yes, they got<br />
equipment but that's up to you whether you want to use it<br />
or not. It has never been something that had to be. I'm<br />
very protective of that. The Local unions, the primary<br />
function and anybody in business don't let it interfere<br />
with Local union. That is my philosophy. Nobody brings<br />
any problems to me then I don't know where I have the<br />
right to tell people they can't be in business. We had<br />
people leave us, go on to bigger and better things. If<br />
there is something there that I'm not aware of, shame on<br />
me maybe, but it's never been a problem. The equipment<br />
is needed right now. We are busier than we have ever<br />
been.<br />
123<br />
Illinois corporate records showed that the company<br />
incorporated on April 28, 1987 was Movies and Motions and, on July<br />
30, 1987, the corporation changed its name to Movies in Motion<br />
Inc.. (Ex. 265)<br />
124<br />
As discussed infra at 67, after being appointed a Local 714<br />
business agent, Robert Hogan sold his shares of Movies in Motion to<br />
his two brothers, William and James.<br />
65
The initial investors in Movies in Motion included the above<br />
mentioned officers plus James A. Hogan, James F. Hogan and Dennis<br />
Collucci, a friend of <strong>President</strong> Hogan. (Ex. 136 at 82-83, 85)<br />
James F. Hogan is Secretary-Treasurer Hogan's and<br />
<strong>President</strong> Hogan's cousin. (Ex. 52 at 8) Salvatore "Sam" Galioto<br />
was a member of Local 714 in the Local's trade show/movie division<br />
from approximately April 1981 to July 1995. (Ex. 268) 125<br />
In or about June and July 1995, Chicago newspapers<br />
reported on a low interest loan the City of Chicago was to grant to<br />
a company, United Studio Center, to build a sound stage in Chicago.<br />
(Ex. 269) 126 The articles reported that United Studio Center<br />
officer William Galioto was the brother-in-law of James Marcello,<br />
whom Chicago papers alleged to be a member of the Chicago La Cosa<br />
Nostra family. (Ex. 269) After these reports, the City of Chicago<br />
cancelled the loan to United Studio Center. (Ex. 269)<br />
In or about July 1995, Local 714 member Salvatore Galioto<br />
took a withdrawal card from Local 714. (Ex. 268) It appears that<br />
125<br />
James F. Hogan and Ann Galioto, Salvatore Galioto's<br />
mother, were owners of Shore Enterprises which was incorporated on<br />
July 22, 1992 and dissolved on December 1, 1993 for failure to file<br />
an annual report and failure to pay an annual franchise tax. (Exs.<br />
266-67; Ex. 52 at 81) According to James F. Hogan, Shore<br />
Enterprises owned star trailers which were sold to Movies in Motion<br />
and Florida Motion Picture Services. (Ex. 52 at 81-82) James F.<br />
Hogan testified that Florida Motion Picture Services, which he<br />
owned along with Ann and William Galioto, Salvatore Galioto's<br />
parents, and James Ewing, a former UPS manager, is involved in the<br />
movie equipment rental business in Florida. (Ex. 52 at 68-71)<br />
Salvatore Galioto is also involved in Florida Motion Picture<br />
Services. (Ex. 106 at 24-28)<br />
126<br />
The officers of United Studio Center were as follows: James<br />
Ewing, James F. Hogan, William and Ann Galioto. (Ex. 270; Ex. 52 at<br />
72-74)<br />
66
Galioto is still involved in the affairs of Movies in Motion. 127<br />
Initially William Hogan, Jr.'s three sons, William,<br />
Robert and James, each invested $10,000 in Movies in Motion. (Ex.<br />
51 at 10; Ex. 57 at 18; Ex. 136 at 85-86) James A. Hogan became an<br />
officer of Movies in Motion when he was eighteen years old. (Ex. 51<br />
at 4, 12; Ex. 265) He claimed he obtained his initial investment<br />
money from his savings and loans from his brother William. (Ex. 51<br />
at 10) Secretary-Treasurer Hogan testified that his wife loaned<br />
their sons, William and Robert, the money to form Movies in Motion.<br />
(Ex. 1 at 114-115)<br />
Robert Hogan became an officer and owner of Movies in<br />
Motion when he was twenty-three years old. (Ex. 136 at 90)<br />
According to Robert Hogan, his mother loaned him a portion of the<br />
$10,000 he initially invested in the company. (Ex. 136 at 85-86)<br />
When Robert Hogan became a Local 714 business agent in January 1990<br />
(Ex. 136 at 5), he sold his shares in Movies in Motion to his<br />
brothers for $25,000. (Ex. 136 at 88) Robert testified that he<br />
sold his shares of Movies in Motion, "[b]ecause my father told me<br />
it would be prudent that I get out because I was going to work for<br />
the union, and he didn't feel that it would be proper for me to own<br />
a company and work for the union." (Ex. 136 at 89-90)<br />
On April 15, 1993, SJB Rentals, Inc. was incorporated and<br />
in 1994 the officers were: James F. Hogan, Salvatore Galioto, James<br />
127<br />
For example, according to Local 714 <strong>President</strong> Hogan's son,<br />
Brian Hogan, a shareholder in Movies in Motion, Salvatore Galioto<br />
attended all the meetings of Movies in Motion even though his<br />
mother, Ann Galioto, is the person with an interest in the company.<br />
(Ex. 150 at 15)<br />
67
A. Hogan, William Hogan, III and Brian Hogan. (Ex. 271) <strong>President</strong><br />
Hogan testified that he believed that Movies in Motion "became" SJB<br />
Rentals. (Ex. 135 at 85)<br />
In approximately 1993, the three children of <strong>President</strong><br />
Hogan, one of whom was approximately fourteen years old, became<br />
shareholders of Movies in Motion/SJB Rentals. (Ex. 150 at 10-11) 128<br />
With respect to Movies in Motion/SJB Rentals, <strong>President</strong> Hogan<br />
testified,<br />
[o]ne of the original partners by the name of Dennis<br />
Colucci was a friend of mine since we were kids, and he<br />
became disenchanted with whoever was running it at the<br />
time and wanted to get out of it and came to me and asked<br />
me if I thought my kids might be interested in taking his<br />
portion of the company.<br />
(Ex. 135 at 81) At the time Collucci had this discussion with<br />
Hogan, Salvatore Galioto was running the day-to-day operation of<br />
Movies in Motion. (Ex. 135 at 81-82)<br />
As a result of his<br />
conversation with Collucci, Hogan's three children, Jennifer, Brian<br />
and Brad, who was then thirteen or fourteen years old, purchased<br />
Collucci's share in Movies in Motion for $75,000. (Ex. 135 at 83-<br />
84; Ex. 150 at 10-11) According to <strong>President</strong> Hogan, he told<br />
Collucci that his children did not have the money to purchase his<br />
share and as a result, Collucci allowed his children to pay for the<br />
purchase through profits from the company. (Ex. 135 at 84-85) His<br />
children did not have to put up any money in connection with their<br />
purchase of Collucci's share of the company. (Ex. 135 at 85)<br />
128<br />
Brian Hogan, <strong>President</strong> Hogan's son, testified that his<br />
father asked him about meetings Movies in Motion held and "[f]rom<br />
time to time" asked about the business. (Ex. 150 at 12)<br />
68
In the years 1993 through 1995, <strong>President</strong> Hogan filed<br />
Form LM-30s with the Department of Labor disclosing that his minor<br />
child, Brad, had an interest in SJB Rentals which did business with<br />
Local 714 employers. (Exs. 272-274; Ex. 135 at 90-92) According to<br />
the LM-30 for 1993, the total sales for SJB Rentals in 1993 were<br />
$693,000. (Ex. 272) According to this Form LM-30, the "[n]et<br />
benefit after tax and purchase price paid during 1993 to minor son<br />
(Brad Hogan) was approximately $9,000, and unpaid purchase price as<br />
of December 31, 1993 was approximately $20,000." (Ex. 272).<br />
According to the Form LM-30 <strong>President</strong> Hogan filed for the fiscal<br />
year ending December 31, 1994, SJB Rentals' total sales were<br />
$444,235 and the total income his son received was $2,334 that<br />
year. (Ex. 273)<br />
According to the LM-30 filed for the fiscal year<br />
ending December 31, 1995, SJB Rentals' total sales were $202,430<br />
and there was a loss of $4,373 to his minor son. (Ex. 274) 129<br />
According to transportation coordinator Armand Paoletti,<br />
Movies in Motion is the only company in the Chicago area that<br />
leases honeywagons. (Ex. 129, Paoletti statement at 2) Outside of<br />
Local 714 movie employers there would be little demand for Movies<br />
in Motions' equipment.<br />
Prior to being employed as a business<br />
agent, Robert Hogan was a transportation coordinator and in that<br />
capacity arranged for movie production companies to rent equipment<br />
from his company, Movies in Motion. (Ex. 136 at 87) As a current<br />
129<br />
According to Brian Hogan, the accountant for Movies in<br />
Motion/SJB Rentals was Leonard Reicin, but he was replaced by<br />
another accountant. (Ex. 150 at 13-14) Leonard Reicin is the Local<br />
714 accountant and prepared the Form LM-30s <strong>President</strong> Hogan filed.<br />
(Ex. 1 at 131; Ex. 291; Ex. 135 at 90)<br />
69
transportation coordinator, William Hogan, III also arranged for<br />
movie production companies to rent equipment from Movies in Motion.<br />
(Ex. 57 at 20) 13 ° In addition to working as a transportation<br />
coordinator, William Hogan, III currently runs the day-to-day<br />
operation of Movies in Motion/SJB Rentals. (Ex. 57 at 21) 131<br />
DeAngelo also testified that as transportation<br />
coordinator he arranged for the production companies to use<br />
equipment from Movies in Motion. DeAngelo identified William<br />
Hogan, III as the person he dealt with at Movies In Motion. (Ex. 34<br />
at 53) Transportation coordinator Larkowski, who went to high<br />
school with Robert Hogan, testified that he knew that Robert's<br />
brothers, William and James, owned Movies in Motion. (Ex. 63 at 4,<br />
10-11) Larkowski, as a transportation coordinator, leased<br />
equipment for movie production companies from Movies in Motion.<br />
(Ex. 63 at 10-11)<br />
13°<br />
William Hogan, III also testified that as transportation<br />
coordinator he arranged for movie production companies to lease<br />
equipment from Show Biz Chicago. (Ex. 57 at 23-24) To arrange<br />
this, he negotiated with Dawn Hogan, the wife of his uncle Michael<br />
Hogan, Sr.. (Ex. 57 at 24-25; Ex. 53 at 4-6) Show Biz Chicago was<br />
incorporated on May 21, 1984. (Ex. 261) At that time, Michael J.<br />
Nallen, a cousin of William Hogan, Jr., was the registered agent<br />
for this company. (Ex. 261; Appendix B) According to the annual<br />
report Show BIZ Chicago filed in 1995, Dawn Hogan, Michael Hogan,<br />
Sr.'s wife, and Florence Crosoli were the officers of this company.<br />
(Ex. 261; Ex. 53 at 4-6)<br />
131<br />
According to William Hogan, III, when he worked as a<br />
transportation coordinator he would inform the movie production<br />
companies that he was an officer of Movies In Motion. (Ex. 57 at<br />
24)<br />
70
c. H&M Rentals<br />
H & M Rentals, Inc. was incorporated on March 30, 1993.<br />
(Ex. 275)<br />
The officers of H & M Rentals are William Hogan, III,<br />
James A. Hogan and Local 714 member Mark Majcher ("Majcher"). (Ex.<br />
72 at 14; Ex. 275) 132 This company rents five-ton crew cabs to<br />
movie production companies that employ Local 714 members. (Ex. 72<br />
at 13-14) 133<br />
Majcher runs the day-to-day operation of H & M<br />
Rentals. (Ex. 72 at 21) 134<br />
d. Art's RV Sewer and Septic<br />
James F. Hogan incorporated Art's R.V. Sewer & Septic,<br />
Inc. ("Art's") on March 11, 1992. (Ex. 276)<br />
This company cleans<br />
the septic tanks for honeywagons and star trailers in the movie<br />
industry. (Ex. 136 at 103)<br />
The current owners of Art's include<br />
James F. and James A. Hogan, William Hogan, III, and Ann Galioto,<br />
the mother of former Local 714 member Salvatore Galioto. (Ex. 57 at<br />
25) 135 It also appears that the three children of <strong>President</strong> Hogan<br />
are part owners of Art's. (Ex. 135 at 86)<br />
William Hogan, III,<br />
132<br />
Majcher began to work as an extra in the Local's trade<br />
show/movie division through his high school friend William Hogan,<br />
III. (Ex. 72 at 3-4, 11)<br />
133<br />
H & M Rentals currently has six such trucks which cost<br />
approximately $40,000.00 each. (Ex. 72 at 13-14)<br />
134<br />
During his February 22, 1996 sworn examination, Majcher<br />
testified that at that time H & M Rentals was leasing four trucks<br />
to 20th Century Fox as result of a call from transportation<br />
coordinator George DiLeonardi. (Ex. 72 at 19-20)<br />
135<br />
According to William Hogan, III, Art's "was kind of a<br />
parallel to Movies in Motion. It's kind of a takeoff company, the<br />
same thing." (Ex. 57 at 25)<br />
71
testified that as a transportation coordinator he arranged for<br />
movie production companies to use Art's. (Ex. 57 at 25)<br />
According to records from the Illinois Secretary of<br />
State, Art's was dissolved on August 2, 1993 for failure to file an<br />
annual report and pay an annual franchise tax. (Ex. 277) However,<br />
during his January 1996 sworn examination, William Hogan, III, an<br />
owner of Art's, testified that the company was still in existence.<br />
(Ex. 57 at 26) In addition, for the years 1993 through 1995, Local<br />
714 <strong>President</strong> Hogan filed form LM-30s with the Department of Labor<br />
disclosing the interest his minor child, Brad, had in Art's. (Ex.<br />
278-280) 136 e. Chem-Dry MaxWash<br />
Local 714 member Timothy Maxwell, the nephew of the<br />
Local's Secretary-Treasurer and <strong>President</strong>, is an owner of Chem-Dry<br />
Maxwash ("Chem-Dry"). (Ex. 80 at 7, 31) 137 According to Illinois<br />
corporate records available on NEXIS, Max-Wasch, Inc., an Illinois<br />
corporation, which was incorporated on November 5, 1992, assumed<br />
the name Chem-Dry Maxwash in 1993. (Ex. 282) Chem-Dry cleaned<br />
trailer carpets for movie production companies which employed Local<br />
136<br />
According to the Form LM-30s <strong>President</strong> James M. Hogan filed<br />
with the Department of Labor for the years 1993 through 1995, the<br />
gross receipts for Art's during those years were $108,885, $69,636<br />
and $12,175 respectively. (Ex. 278-280)<br />
137<br />
Timothy Maxwell testified that the other owners of this<br />
company are: his wife, Cynthia Maxwell, his brother Michael Maxwell<br />
and George Washbush. (Ex. 80 at 31-32) According to Local 714<br />
records, between approximately November 1986 and at least March<br />
1994, Michael Maxwell was a Local member. (Ex. 281)<br />
72
714 members. (Ex. 80 at 31-33)<br />
2. Trade Show Industry<br />
a. Exhibition Maintenance<br />
William Hogan, Jr.'s and James M. Hogan's sister,<br />
Winifred Torii, and her husband Dale Torii, currently own<br />
Exhibition Maintenance. (Ex. 153) 138 Since approximately 1970,<br />
Exhibition Maintenance has had an agreement with Local 714 employer<br />
J&J to provide cleaning services for trade shows at McCormick<br />
Place. (Ex. 115 at 21) It also provides cleaning services at Local<br />
714. (Ex. 115 at 9-11)<br />
Exhibition Maintenance was hired in the early 1970s as a<br />
subcontractor to do the cleaning at McCormick Place for J&J. (Ex.<br />
115 at 37-39) J&J is a trade show contractor that has a collective<br />
bargaining agreement with Local 714. (Ex. 158; Ex. 115 at 17, 20)<br />
Exhibition Maintenance does cleaning work for J&J at the auto show<br />
each year at McCormick Place. (Ex. 115 at 40) Exhibition<br />
Maintenance does not usually use union workers. It has<br />
occasionally used unemployed Local 714 trade show members to do<br />
work for Exhibition Maintenance. (Ex. 115 at 40) They are not paid<br />
union wages. (Ex. 115 at 40-41)<br />
138<br />
Exhibition Maintenance was incorporated on June 10, 1971.<br />
(Ex. 153) An annual report for Exhibition Maintenance dated<br />
February 1975 listed Dale Torii as the <strong>President</strong>, Winifred Torii as<br />
the Secretary and Treasurer and Local 714's lawyer Marvin Sacks as<br />
the registered agent for the company. (Ex. 153) The latest annual<br />
report Exhibition Maintenance filed listed the company's address as<br />
care of Marvin Sacks. (Ex. 153) In addition, Reicin & Pollack is<br />
the accounting firm for both Exhibition Maintenance and Local 714.<br />
(Ex. 115 at 11; Ex. 1 at 131)<br />
73
. Trade Show Rentals<br />
<strong>President</strong> Hogan's and Secretary-Treasurer Hogan's cousin,<br />
James F. Hogan, is the 90% owner and an officer of Trade Show<br />
Rentals, which leases forklifts to trade show contractors having<br />
collective bargaining agreements with Local 714. (Ex. 52 at 20-24;<br />
Ex. 283) 139<br />
Trade Show Rentals does business with the following<br />
Local 714 employers: Freeman, GES and J&J. (Ex. 52 at 24) Mark<br />
Hammersmith, the <strong>President</strong>, owns the other 10% of Trade Show<br />
Rentals. (Ex. 52 at 21-24) Former Local 714 member Salvatore<br />
Galioto was an officer of Trade Show Rentals. (Ex. 52 at 23; Ex.<br />
283) A few months prior to January 1996, he ceased being an<br />
officer of Trade Show Rentals. (Ex. 52 at 23) 140<br />
E. Boscarino's Conflicted Position at the Rosemont Exposition<br />
Center<br />
1. Introduction<br />
Boscarino was the Local 714 steward for Rosemont from<br />
approximately 1978 until his resignation on May 30, 1996, the day<br />
scheduled for his second IRB sworn examination."<br />
As detailed<br />
139<br />
James F. Hogan was not identified as a trade show steward<br />
in Sacks' September 1995 letter. (Ex. 168) However, during his<br />
sworn examination, James F. Hogan testified that he has worked as<br />
a steward at McCormick Place. (Ex. 52 at 13)<br />
140<br />
James F. Hogan's other business interests which involved<br />
former Local 714 member Galioto or his mother included: Movies in<br />
Motion, SJB Rentals, Florida Motion Picture Services, United Studio<br />
Center, Art's RV Sewer and Septic, Global Link Communications, HEG<br />
Properties and Shore Enterprises. (Ex. 52 at 62, 69-70, 72-73, 74,<br />
80-82)<br />
141<br />
Boscarino resigned that day and did not testify. (Ex. 126)<br />
74
infra<br />
at 80-89, while the chief steward for Local 714 employer<br />
Rosemont, Boscarino directly, or indirectly through his ten year<br />
old daughter, was part owner of at least four companies which did<br />
business with Rosemont. 142<br />
As a result, there was, at a minimum,<br />
the appearance of a serious conflict of interest between<br />
Boscarino's personal financial interests and his duties as chief<br />
steward to represent the Local 714 members Rosemont employed.<br />
As detailed infra at 114-117, beginning in approximately<br />
August 1994, the Local retained Gerry Miller, Esq. to conduct an<br />
investigation of the Local 714 trade show and movie jurisdiction.<br />
(Ex. 129; Ex. 304) In his May 27, 1996 report, Miller recommended<br />
that, "Rosemont steward Nick Boscarino should be asked to give up<br />
either his financial interests in any trade show equipment leasing<br />
business or his steward's position with Local 714." (Ex. 129 at<br />
34) 143 Based upon this recommendation, according to Secretary-<br />
142<br />
The four companies were Bomark Cleaning Services; OG<br />
Services, a forklift and scooter rental company; Angles on Design,<br />
a furniture rental company, and Premier Fuel and Cartage.<br />
143<br />
As detailed infra at 114-117, this recommendation was based<br />
upon the following findings in the Miller report:<br />
the dual and potentially conflicting positions held by<br />
Nick Boscarino are troublesome, particularly in light of<br />
the allegations in MCM Partners. Because Mr. Boscarino<br />
is the owner and/or manager of several businesses that<br />
sell to trade show contractors -- including his immediate<br />
employer Rosemont Exposition Services -- that negotiate<br />
collective bargaining agreements with Local 714, his<br />
steward's position with the Local Union gives rise to the<br />
possibility that otherwise legitimate union pressures may<br />
be used in support of personal business interests.<br />
Furthermore, because as union steward he assigns members<br />
to operate equipment that the employer leases either from<br />
his own firm or that of a competitor, Mr. Boscarino is in<br />
a position to take actions as a union referral official<br />
75
Treasurer Hogan, he told Boscarino that, effective July 1, 1996, he<br />
would no longer be the chief steward for Rosemont. (Ex. 1 at 77) 1 "<br />
that directly impact the business interests of an<br />
equipment lessor, as one may conjecture from the alleged<br />
forklift ramming incident at McCormick Place. Although<br />
we have seen no evidence that Mr. Boscarino has actually<br />
engaged in misconduct of either type, the potential for<br />
conflict of interest clearly appears to exist between the<br />
steward's responsibilities and those of an equipment<br />
lessor in these circumstances, and we will make a<br />
concluding recommendation that the Local Union take<br />
appropriate action in this regard.<br />
(Ex. 129 at 18-19) The reference to MCM Partners concerns a<br />
lawsuit a forklift company, MCM Partners, filed against Boscarino,<br />
OG Services, William Hogan, Jr., Michael Hardy and others alleging<br />
that they engaged in a conspiracy to maintain OG Services' position<br />
as the only supplier of forklifts at McCormick Place. (Ex. 185)<br />
The "forklift ramming incident" appears to refer to an allegation<br />
in the complaint that the defendants caused a forklift MCM supplied<br />
at McCormick Place to be intentionally damaged by another forklift.<br />
(Ex. 185 at paras 35-41)<br />
144<br />
William Hogan, Jr. testified,<br />
At this point now I am concerned and I have had a couple<br />
of conversations with Nick subsequent to this<br />
investigation and we've had people, we've had attorneys<br />
doing different things investigating all of this now.<br />
* * *<br />
Nobody has come forward and said something is illegal.<br />
Nobody has said they were muscled or any kind of pressure<br />
to do anything and that the entries [sic] are very<br />
proper. It is run properly, it is competitive, but no<br />
negatives.<br />
But at this point it is becoming a problem apparently and<br />
I've had some conversations with Nick and Nick is going<br />
to be removed as a steward as a result of all of this.<br />
As I said before anything that starts to bring the union<br />
into focus, even the perception of impropriety and we<br />
will move against that. Now Nick has become [sic] focal<br />
point for some reason and there is this cloud hanging.<br />
over him. Now where do his interest lay? His interests<br />
have to lay with the union first. I've informed him he<br />
is going to need to be removed.<br />
76
On May 30, 1996, the date his second IRB sworn examination was<br />
scheduled, apparently to avoid testifying, Boscarino resigned his<br />
Local membership and his position as chief steward for Rosemont<br />
effective immediately. (Ex. 126)<br />
2. Rosemont Exposition Services<br />
In 1978, Local 714's then principal officer, William<br />
Hogan, Sr., appointed Boscarino the chief steward for Rosemont.<br />
(Ex. 13 at 18) Rosemont is the exclusive trade show contractor for<br />
trade shows at the Rosemont Exposition Center. (Ex. 13 at 29; Ex.<br />
45 at 9) 145 Local 714 has had a collective bargaining agreement<br />
with Rosemont since the company's inception. (Ex. 1 at 88)<br />
discussed infra at 78-80, for at least some period while the Local<br />
had a collective bargaining agreement with Rosemont, Michael Hogan,<br />
Sr., had an ownership interest in Rosemont. (Ex. 135 at 98) 146<br />
According to Illinois corporate records, Rosemont was<br />
incorporated on December 11, 1979 and the attorney for Local 714<br />
since at least 1965, Marvin Sacks (Ex. 293), was the registered<br />
agent. (Ex. 190) From 1980 to 1983, Michael Hogan, James J. Roche<br />
and William Smith were publicly identified as the officers of<br />
Rosemont Exposition Services. (Ex. 190)<br />
(Ex. 1 at 75-76)<br />
145<br />
The Rosemont Exposition Center, also known as the O'Hare<br />
Exposition Center, opened in 1975. (Ex. 189)<br />
146<br />
In addition, for at least a brief period, James F. Hogan,<br />
a cousin of William Hogan, Jr., was an officer of Local 714<br />
employer Rosemont. (Ex. 190)<br />
77
As discussed supra<br />
at 21-22, Michael Hogan, Sr., was a<br />
Local 714 member between October 1968 and 1979. (Ex. 164) Between<br />
approximately the mid-1970's and 1979, he was the chief steward in<br />
the Local 714 trade show/movie division. (Ex. 135 at 128 and Ex. 49<br />
at 11)<br />
He may have left his position as chief steward in the<br />
147<br />
8)<br />
Local's trade show/movie division to form Rosemont. (Ex. 135 at 95-<br />
99; Ex. 50 at<br />
The annual report Rosemont filed in 1984 showed James F.<br />
Hogan as Secretary and Treasurer and Michael Hogan as <strong>President</strong>.<br />
(Ex. 190) 148 In May 1985, the name of Rosemont changed to MPH<br />
Enterprises, Inc. with Michael P. and James F. Hogan as the<br />
corporate officers. (Ex. 192) 149<br />
Local 714 attorney Marvin Sacks<br />
remained the registered agent for Rosemont until 1985 when its name<br />
was changed to MPH Enterprises. (Ex. 190) 15 ° Despite repeated<br />
public filings to the contrary, during his sworn examination James<br />
F. Hogan, represented by Sacks, denied he was ever an officer or<br />
14'<br />
In addition to being an officer of Rosemont Exposition<br />
Services, Michael Hogan, Sr. has also been an officer of Show BIZ<br />
Chicago which, as discussed supra at 70 fn. 130, does business with<br />
movie production companies that employ Teamsters. (Ex. 191)<br />
148<br />
As discussed supra at 74, in addition to being an officer<br />
of Rosemont, James F. Hogan has also been an officer Trade Show<br />
Rentals, a forklift rental company which currently does business<br />
with Local 714 employers Freeman and GES. (Ex. 52 at 20-24)<br />
Furthermore, as discussed supra at 65-72, James F. Hogan is an<br />
owner of at least two companies which do business with movie<br />
production companies which employ Teamsters.<br />
149<br />
MPH Enterprises was dissolved in 1987 for failure to file<br />
an annual report and to pay an annual franchise tax. (Exs. 193 and<br />
194)<br />
150<br />
This name change was effective May 17, 1985. (Ex. 192)<br />
78
202) 154 According to <strong>President</strong> Hogan, his and the current<br />
owner of Rosemont. (Ex. 52 at 5) 151<br />
On the same date that Rosemont, which incorporated in<br />
1979, changed its name to MPH Enterprises, a new Rosemont<br />
("Rosemont II") was incorporated. On the 1987 annual report<br />
Rosemont II filed, David Houston, Grant Bailey, Mark Stephens,<br />
Donald Storino and Donald Schaid were listed as the officers. (Ex.<br />
195) 152 On January 19, 1990, Rosemont II changed its name to DHGB,<br />
Ltd. with Houston and Bailey as the officers. (Ex. 196) DHGB, Ltd<br />
was dissolved on October 1, 1990 for failure to file an annual<br />
report and pay an annual franchise tax. (Ex. 198)<br />
On January 19, 1990, the same date that Rosemont II<br />
changed its name to DHGB, Ltd, O'Hare Exposition Services,<br />
incorporated on December 29, 1988 (Ex. 199), changed its name to<br />
Rosemont ("Rosemont III") with Houston and Bailey as the officers.<br />
(Ex. 200) 153<br />
Rosemont III is still in existence and has a current<br />
collective bargaining agreement with Local 714. (Exs. 156 and<br />
Secretary-Treasurer's brother, Michael Hogan, Sr., had an ownership<br />
151<br />
In fact, James F. Hogan testified that if the annual report<br />
Rosemont filed in 1984 listed him as an officer, that report would<br />
be incorrect. (Ex. 52 at 78)<br />
152<br />
As discussed infra at 80, Mark Stephens is Boscarino's<br />
current partner in Bomark Cleaning Services. (Ex. 197)<br />
153<br />
David Houston had been the <strong>President</strong> and registered agent<br />
of O'Hare Exposition Services, Inc.. (Ex. 199)<br />
154<br />
The officers on the latest annual report Rosemont filed<br />
were: David Houston, Grant Bailey and Donald Schaid. (Ex. 202)<br />
79
interest in Rosemont while Local 714 had a collective bargaining<br />
agreement with that company but that such interest ended between<br />
eight and ten years ago. (Ex. 135 at 95-99) 155<br />
However, according<br />
to a May 27, 1990 Chicago Tribune article regarding the city of<br />
Rosemont, Michael Hogan retained a 20 percent interest in Rosemont<br />
Exposition Services in 1990. (Ex. 201) 156<br />
3. Boscarino's Companies that Do Business with Local 714<br />
Employer Rosemont Exposition Services<br />
Boscarino owned interests in several companies dependent<br />
upon Rosemont and other Local 714 employers for their financial<br />
success.<br />
His ownership interests were not disclosed to the<br />
members.<br />
a. Bomark Cleaning Service<br />
Boscarino acknowledged that he is an owner and <strong>President</strong><br />
of Bomark Cleaning Services ("Bomark").<br />
His partner in that<br />
company is Mark Stephens. (Ex. 13 at 27, 94-95) 157<br />
Bomark was<br />
incorporated on January 20, 1981. (Ex. 197) Boscarino and Stephens<br />
are the officers. (Ex. 197) Between 1981 and approximately 1989,<br />
Local 714's attorney Sacks was the registered agent for Bomark.<br />
155<br />
At that time, Michael Hogan's father would have been the<br />
Local's Secretary-Treasurer and his two brothers were Executive<br />
Board members.<br />
156<br />
The three current Hogan Board members each denied having<br />
read this article. (Ex. 135 at 97; Ex. 136 at 92; Ex. 1 at 89)<br />
157<br />
According to annual reports of Rosemont between 1987 and<br />
1989, Mark Stephens was an officer of Rosemont in those years. (Ex.<br />
195) Boscarino testified that between eight and ten years ago,<br />
Stephens worked for Rosemont and thus was part of management of a<br />
Local 714 employer. (Ex. 13 at 27-28)<br />
80
(Ex. 197) 158 Boscarino described Bomark's business as follows:<br />
"[c]leans office buildings; trashing, which is big building<br />
cleaning after shows; and building cleaning; booth cleaning." (Ex.<br />
13 at 95) Bomark performed cleaning services, such as booth<br />
cleaning, exhibit cleaning and possibly office cleaning, for<br />
Rosemont. (Ex. 13 at 96) 159<br />
Glass testified that he was not aware<br />
of any other company providing cleaning services to Rosemont. (Ex.<br />
45 at 13-14) 160<br />
Bomark had approximately 50 employees all of whom were<br />
158<br />
Bomark's annual report filed in 1990 listed the registered<br />
agent as Donald Storino. (Ex. 197)<br />
159<br />
According to a May 27, 1990 newspaper article in the<br />
Chicago Tribune, in or about 1984, Bomark began doing cleaning<br />
services for Rosemont. (Ex. 201) According to this newspaper<br />
report, this work had been performed by O'Hare Exposition<br />
Maintenance ("O'Hare") which was incorporated on December 30, 1976<br />
with Marvin Sacks was the registered agent. (Ex. 205) Hogan<br />
relatives, Michael Hogan, Dale Torii and Michael J. Nallen, were<br />
each officers of this company. (Ex. 205 and Appendices A and B)<br />
Between at least 1977 and 1978, Michael Hogan and Torii were<br />
officers of O'Hare and were both Local 714 members. (Ex. 205, 133<br />
and 164) Between at least 1980 and 1985, Michael Hogan and Michael<br />
Nallen were officers of O'Hare. (Ex. 205) During this period,<br />
Nallen was a Local 714 member. (Ex. 288) O'Hare was dissolved on<br />
May 1, 1987 for failure to file an annual report. (Ex. 206)<br />
Local 714 member Vincent Siciliano testified that he<br />
worked for O'Hare from 1979 until approximately 1986 when the<br />
company went out of business. (Ex. 105 at 3-4) When he worked at<br />
O'Hare he was a member of <strong>IBT</strong> Local 727. (Ex. 105 at 3-4)<br />
160<br />
Local 714 member George Lemke testified that he worked for<br />
Bomark prior to becoming a Local 714 member. (Ex. 65 at 4) Lemke<br />
stated that when he worked for Bomark he did not work anywhere<br />
other than the Rosemont Exposition Center where he did cleaning for<br />
Rosemont. (Ex. 65 at 17-18) Lemke was not aware of Bomark<br />
providing cleaning services for any company other than Rosemont.<br />
(Ex. 65 at 17-18)<br />
81
non-union. (Ex. 13 at 95-96) In addition, as detailed infra at 92-<br />
96, during trade shows Bomark employees handled the empty crates<br />
for Rosemont. As discussed infra at 92-96, conveniently for<br />
Boscarino, this work was specifically excluded from the Local 714<br />
collective bargaining agreement with Rosemont and the other trade<br />
show contractors. (Exs. 155-158)<br />
b. OG Services<br />
Boscarino is currently the <strong>President</strong> of OG Services, a<br />
forklift and scooter rental company. (Ex. 13 at 85-86) 161<br />
Boscarino's father-in-law, Glass, is also an officer of OG<br />
Services. (Ex. 13 at 86) Boscarino and his ten year old daughter<br />
Nicole are the owners of OG Services which does business at the<br />
Rosemont Exposition Center and at McCormick Place. (Ex. 13 at 86-<br />
87, 99) It leases equipment to the following companies which<br />
employ Local 714 members: Rosemont, Freeman, GES and J&J. (Ex. 13<br />
at 86-87; Ex. 45 at 14)<br />
OG Services was incorporated on October 23, 1978 with<br />
Oscar Glass as the sole incorporator. (Ex. 207) Local 714<br />
member<br />
Michael Hansen, Boscarino's step brother, was an officer of OG<br />
Services in 1979 and 1980. (Ex. 207) Subsequent filings in 1982<br />
and 1983 added Sherri and Nick Boscarino as officers. (Ex. 207) 162<br />
11)<br />
161<br />
OG Services also leases ramps to load trucks. (Ex. 34 at<br />
162<br />
The corporation was dissolved on March 2, 1992 for failure<br />
to file an annual report or pay an annual franchise tax and<br />
reinstated on June 3, 1992 with Glass and Boscarino as the officers<br />
of record. (Ex. 208)<br />
82
The most recent annual report for OG Services filed in September<br />
1994, listed Glass and Boscarino as the company officers. (Ex. 207)<br />
OG Services shares an office with Bomark. (Ex. 45 at 12-13)<br />
OG Services owns 200 forklifts, 18 to 20 flatbed scooters<br />
and approximately 20 Cushman scooters, on which the show managers<br />
and others ride. (Ex. 45 at 12, 18-19) Boscarino runs the day to<br />
day operation of OG Services. He deals with the account executives<br />
at Rosemont who order the forklifts from OG Services. (Ex. 45 at<br />
12, 15) When asked whether other companies provided forklifts to<br />
Rosemont, Glass responded, "If Nick doesn't have enough, he will<br />
call other companies." (Ex. 45 at 17)<br />
On or about April 21, 1992, a forklift company, MCM<br />
Partners ("MCM") filed a complaint and a motion for a preliminary<br />
injunction against Boscarino, OG Services, William Hogan, Jr.,<br />
Michael Hardy and others alleging in essence that Boscarino<br />
conspired with Hogan and Hardy to maintain OG Services' position as<br />
the only supplier of forklifts at McCormick Place and prevented MCM<br />
from leasing forklifts to trade show contractors at McCormick<br />
Place. (Ex. 185) For example, the complaint alleged that Boscarino<br />
and William Hogan told employees of trade show contractor Andrews-<br />
Bartlett 163 that unless that company stopped doing business with<br />
MCM, "Boscarino and Bill Hogan would cause the Teamsters to take<br />
various job actions including but not limited to "wild cat"<br />
strikes." (Ex. 185 at para 50) Ultimately, this suit was settled<br />
163<br />
Local 714 had a collective bargaining agreement with<br />
Andrews Bartlett. (Ex. 210) In approximately 1994, GES purchased<br />
Andrews Bartlett. (Ex. 105 at 9)<br />
83
and dismissed. MCM Partners v. Boscarino, 1993 U.S. Dist. LEXIS<br />
10671 (August 2, 1993); (Ex. 309) 1<br />
On August 21, 1992, MCM filed a second complaint against<br />
Boscarino, OG Services, trade show contractors Andrews-Bartlett &<br />
Associates and Freeman Decorating and others. (Exs. 209, 211) This<br />
complaint alleged that, "A-B and FDC decided to deal exclusively<br />
with OG at McCormick Place only in response to threats of labor<br />
disruption and damage to property made by Hogan, Boscarino, or<br />
others on behalf of 0G." MCM Partners v. Andrews-Bartlett &<br />
Associates, 62 F.3d 967, 972-73 (7th Cir. 1995)<br />
On or about November 18, 1992, MCM dismissed both<br />
Boscarino and OG Services from the second case. (Ex. 211 at 9) On<br />
February 16, 1994, the district court dismissed the complaint<br />
against the other defendants finding that "MCM's prosecution of<br />
this suit after dismissing OG and Boscarino left a racketeering<br />
count with no racketeer and an antitrust suit with no monopoly."<br />
MCM v. Andrews Bartlett, 1994 U.S. Dist. LEXIS 1824 * 31 (February<br />
16, 1994) However, on August 11, 1995, the Court of Appeals for<br />
the Seventh Circuit reversed the dismissal and remanded the case.<br />
MCM Partners v. Andrews-Bartlett & Associates, 62 F.3d 967 (7th<br />
164<br />
After notifying the district court on April 24, 1992 that<br />
an oral settlement had been reached, the parties were unable to<br />
reduce the settlement to writing. On August 27, 1993, the district<br />
court entered an order directing that MCM was bound by the<br />
settlement and dismissing the case. MCM Partners v. Boscarino, 1993<br />
U.S. Dist. LEXIS 10671 (August 2, 1993) and (Ex. 309)<br />
84
Cir. 1995) This case is still pending. 165<br />
On January 26, 1994, NSB Equipment Rentals Corporation<br />
("NSB Rentals") was incorporated with Boscarino as the registered<br />
agent. (Ex. 212) 166<br />
On March 15, 1994, NSB Rentals changed its name<br />
to O.G. Service Corporation. (Ex. 213) On the same date, March 15,<br />
1994, OG Services, which had been incorporated in 1978, changed its<br />
name to NSB Equipment Rentals. (Exs. 207 and 214) 167<br />
Boscarino<br />
testified this name change was at the suggestion of Irving<br />
Mangurten, the corporation's accountant, "for accounting purposes."<br />
(Ex. 13 at 93-94) Irving Mangurten is an accountant with Reicin,<br />
Pollack and Associates, the accounting firm for Local 714. (Ex. 1<br />
at 131; Ex. 291) On a form filed with the Illinois Secretary of<br />
State on June 3, 1992, the registered office for OG Services was<br />
listed as "c/o Reicin, Pollack & Co., Ltd.. (Ex. 208) c.<br />
Angles<br />
165 With respect to the MCM suit, William Hogan, Jr. testified,<br />
(Ex. 1 at 67)<br />
At this point I'm very confused on what the MCM case is<br />
all about. I gave a deposition and I read it recently.<br />
I just got it recently and looked at it. There were so<br />
many things I was uncomfortable with. I got attorneys<br />
from my companies asking about union business I felt was<br />
none of their business. I really don't know what that<br />
was all about, that entire case. From my understanding<br />
from my attorneys that they reviewed the deposition there<br />
has never been implication to me at all yet I'm up to it,<br />
but I don't understand why I'm there or what that entire<br />
thing is about. I don't know if somebody is trying to<br />
dirty me up or what sinister moves are behind the effort<br />
in this case.<br />
166<br />
NSB are the initials of Nick Sam Boscarino. (Ex. 13 at 4)<br />
167<br />
When asked what type of company NSB Equipment was, Glass<br />
testified, "I think it is strictly an accounting function right<br />
now." (Ex. 45 at 21)<br />
85
on Design<br />
Another Boscarino company, Angles On Design ("Angles"),<br />
170<br />
216)<br />
was incorporated on May 26, 1987 with Christine Skrak and Boscarino<br />
as the corporate officers. (Ex. 215) Boscarino testified that he<br />
owns between 65% and 70% of Angles, a furniture rental company<br />
which does business in the trade show industry. (Ex. 13 at 98-<br />
99) 168<br />
In addition, Boscarino's ten year old daughter, Nicole,<br />
owns approximately 10% of Angles with Kathy Skrak owning the rest.<br />
(Ex. 13 at 99) Boscarino testified that Kathy Skrak, Christine's<br />
sister, runs the day to day operation of Angles and is also an<br />
officer of the company. (Ex. 13 at 98, 100) 169<br />
Boscarino explained<br />
that "somebody" whom he could not identify introduced Christine<br />
Skrak to him and "she came to see me about getting into this<br />
business." (Ex. 13 at 98-99)<br />
Angles supplies furniture for trade<br />
shows to Rosemont. (Ex. 13 at 99; Ex. 65 at 7)<br />
Boscarino's<br />
interest in Angles was not disclosed to the members. (Ex. 1 at 74-<br />
75; Ex. 226) Local 714 also did business with Angles. (Ex.<br />
d. Premier Fuel and Cartage<br />
Boscarino had an indirect ownership in Premier Fuel and<br />
168 According to Boscarino, in addition to doing business in<br />
Illinois, Angles also does business in the trade show industries in<br />
Las Vegas and New York. (Ex. 13 at 101)<br />
169<br />
The annual reports Angles filed did not list Kathy Skrak<br />
as an officer. (Ex. 215) M. Christine Skrak was listed as an<br />
officer of that company. (Ex. 215)<br />
170<br />
This is another example of the Local doing business with<br />
companies run by insiders. See, supra at 73.<br />
86
Cartage Service, Inc. ("Premier").<br />
The company, incorporated on<br />
December 2, 1993, had transportation coordinator Richard DeAngelo,<br />
William Daddano, III and Boscarino's minor daughter, Nicole, as the<br />
original investors. (Ex. 217; Ex. 34 at 13-16) 171<br />
DeAngelo<br />
("DeAngelo") ran the day-to-day operation of Premier. He has been<br />
a<br />
Local 714 member since approximately 1979 and has been a<br />
transportation coordinator for the past 13 years. (Ex. 32 at 7; Ex.<br />
136 at 37; Ex. 133) Since 1994, Premier has had a collective<br />
bargaining agreement with Local 714 and the business agent for<br />
Premier has been Robert Hogan. (Ex. 34 at 28, 33; Ex. 218)<br />
Premier was specifically formed to provide gas to trade<br />
show contractors including the following Local 714 employers:<br />
Rosemont, Freeman, GES and Badger Exposition Services. (Ex. 34 at<br />
12, 16-19) Apparently Freeman, GES and Rosemont do not obtain gas<br />
from any source other than Premier. (Ex. 34 at 17-18) 172<br />
Premier, which owns ten trucks and thirty trailers, also<br />
did carting work for companies having collective bargaining<br />
agreements with Local 714 including: Freeman, GES and Badger. (Ex.<br />
33 at 41-43) 173 Moreover, when he worked as a transportation<br />
coordinator for a movie, DeAngelo arranged for Premier to provide<br />
171<br />
Richard DeAngelo testified that Nicole Boscarino has a one<br />
third ownership interest in Premier. (Ex. 34 at 16)<br />
172<br />
Local 714 member George Lemke, who usually worked for<br />
Rosemont, testified that he believed that Premier supplied all the<br />
gasoline for the forklifts at the Rosemont Exposition Center. (Ex.<br />
65 at 6, 27)<br />
173<br />
Premier also did carting for Boscarino's company, OG<br />
Services. (Ex. 34 at 24)<br />
87
253) 175 According to Robert Hogan, Premier "adopted" the J&J<br />
gas to the movie production companies. (Ex. 34 at 20)<br />
DeAngelo negotiated the Premier collective bargaining<br />
agreement with Robert Hogan in 1994. (Ex. 33 at 38-39) 174 It<br />
appears that members of the Local's Executive Board were not aware<br />
that the Local entered into a collective bargaining agreement with<br />
a member of the Local and a company in which the Rosemont chief<br />
steward through his minor child had an ownership interest. (Ex.<br />
Motors collective bargaining agreement with Local 714. (Ex. 136 at<br />
32) 176 However, in a comparison of the current collective<br />
bargaining agreements in effect for J&J Motors and Premier, the<br />
hourly rate Premier was required to pay its employees was less than<br />
174<br />
Although Premier had a contract with Local 714, DeAngelo<br />
testified "[w]e don't really have a shop steward." (Ex. 34 at 33)<br />
According to DeAngelo there were approximately ten Local 714<br />
members employed at Premier. (Ex. 33 at 39) Two Local 714 members<br />
employed at Premier, Jeffrey Rizzi and Jason Richko, DeAngelo's<br />
nephew, testified that they were unaware of any shop steward or<br />
business agent for Premier. (Ex. 263 at 3, 18; Ex. 264 at 3, 5-6,<br />
12) In addition, Robert Hogan testified that he never filed a<br />
grievance on behalf of any of the members at Premier. (Ex. 136 at<br />
34)<br />
175<br />
For example, Vice <strong>President</strong> Arrington and Trustee Lee<br />
testified that they were not aware of Local 714 having any<br />
collective bargaining agreement with any company a Local 714 member<br />
owned. (Ex. 137 at 35; Ex. 139 at 15) Recording Secretary Robert<br />
Hogan testified that there was no discussion at any Executive Board<br />
meeting about the Local entering into a collective bargaining<br />
agreement with a company a Local member owned. (Ex. 136 at 32-33)<br />
Moreover, chief steward and Trustee Hardy testified that while he<br />
knew Premier provided fuel for the forklifts and other equipment<br />
used at McCormick Place, he did not know who owned Premier and had<br />
not heard that DeAngelo was an owner of Premier. (Ex. 50 at 19-20)<br />
176<br />
DeAngelo described the Premier contract as, "[b]asically<br />
it was the same thing that J&J Motor Service had." (Ex. 34 at 29)<br />
88
the J&J Motors hourly rate and Premier's employer pension fund<br />
contributions were less than the J&J Motors employer contributions.<br />
(Exs. 218, 254 and 292) 177<br />
In April 1996, the Central States Pension Fund filed a<br />
lawsuit against Premier alleging that since approximately November<br />
1995, Premier failed to pay approximately $7,500 in required<br />
contributions on behalf of its employees to the Central States<br />
Pension Fund. (Ex. 262) 178<br />
In addition to failing to make pension<br />
fund contributions on behalf of its employees, according to Local<br />
<strong>President</strong> and Health Fund Trustee James M. Hogan, Premier failed to<br />
make contributions to the Local 714 Health and Welfare Fund on<br />
behalf of its employees. (Ex. 135 at 59) 179<br />
177<br />
The current Premier collective bargaining agreement is<br />
effective from February 1994 through January 1997. (Ex. 218) The<br />
current J&J Motors contract is effective from May 1994 through<br />
April 1997. (Ex. 254) The hourly rate Premier was required to pay<br />
its employees was .30 per hour less than the J&J Motors rate in<br />
1994; .40 per hour less than the J&J Motors rate in 1995 and .55<br />
per hour less than the J&J Motors rate in 1996. (Exs. 218, 254 and<br />
292) The weekly employer pension fund contributions under the<br />
Premier contract were $10.00 per week less then the J&J Motors<br />
contributions in 1994; $14.00 per week less then the J&J Motors<br />
contributions in 1995 and $6.00 per week less then the J&J Motors<br />
contributions in 1996. (Exs. 218, 254 and 292) In addition, the<br />
mileage rates and expense allowances Premier was required to pay<br />
its employees is less than those J&J Motors must pay its employees.<br />
(Exs. 218, 254 and 292)<br />
178<br />
DeAngelo testified that after the Central States Pension<br />
Fund filed the suit against Premier, he paid $12,000 to the Central<br />
States Pension Fund on behalf of Premier. (Ex. 34 at 47-49)<br />
DeAngelo testified that he believed that the suit the Central<br />
States Pension Fund filed was "dropped." (Ex. 34 at 49)<br />
179<br />
During his May 30, 1996 sworn examination, DeAngelo<br />
testified that within the last three weeks he paid approximately<br />
$10,000 in back payments to the Local 714 Health Fund. (Ex. 34 at<br />
50) During his sworn examination, DeAngelo testified that he<br />
believed that Premier was approximately two months behind in<br />
89
e. American Trade Show Services<br />
Boscarino is also an officer of American Trade Show<br />
Services ("ATSS") which leases forklifts and aerial lifts to trade<br />
show contractors at McCormick Place that have collective bargaining<br />
agreements with Local 714. (Ex. 13 at 47-49) ATSS was incorporated<br />
on May 15, 1992 with Boscarino as the registered agent. (Ex.<br />
219) 180 The owners of ATSS include: Boscarino, William Daddano,<br />
Jr., William Daddano, III, Louis Daddano, John Daddano and Don<br />
Stephens. (Ex. 13 at 47-48) 181<br />
payments to the Local 714 Health Fund. (Ex. 34 at 50)<br />
no According to Boscarino, a prior company he was involved<br />
with, Eastern Services, Inc., changed its name to American Trade<br />
Show Services "for tax or accounting purposes." (Ex. 13 at 100)<br />
Eastern Services was incorporated on September 19, 1986. (Ex. 220)<br />
The annual reports for Eastern Services for the years 1987 through<br />
1991, reflected that the officers of the company were: Boscarino,<br />
William Daddano III, Louis Daddano and Donald E. Stephens. (Ex.<br />
220) Eastern Services was dissolved as an Illinois corporation on<br />
February 1, 1993 for failure to file an annual report and pay an<br />
annual franchise tax. (Ex. 221)<br />
181<br />
Boscarino testified that he believed that American Trade<br />
Show Services changed its name to American Show Services at the<br />
suggestion of his accountant, Irving Mangurten, for tax and<br />
accounting purposes. (Ex. 13 at 121-122) On February 22, 1995,<br />
American Show Services was incorporated with Boscarino as the<br />
registered agent. (Ex. 222) The address given for this company was<br />
Suite 801 at 9501 West Devon in Rosemont, Illinois. (Ex. 222)<br />
Although Boscarino testified that he believed that<br />
American Trade Show Services became American Show Services, it<br />
appears that American Trade Show Services was still in existence<br />
after American Show Services was incorporated in February 1995.<br />
For example, in May 1996 American Trade Show Services filed an<br />
annual report. (Ex. 223) In addition, subsequent to the creation<br />
of American Show Services in February 1995, in July 1995, American<br />
Trade Show Services filed a form with the Illinois Secretary of<br />
State changing its registered office to suite 703 at 9501 West<br />
Devon from suite 801 at the same address. (Ex. 224) As noted, the<br />
registered address for American Show Services is suite 801 at the<br />
same location. (Ex. 222) In addition, there does not appear to be<br />
90
ATSS leases equipment to Freeman, GES and J&J in Chicago.<br />
(Ex. 13 at 51-53) Each of these companies has a collective<br />
bargaining agreement with Local 714. (Exs. 155, 157-58)<br />
addition to doing business with Local 714 employers in Illinois,<br />
ATSS provided forklifts to Freeman for use at the Jacob Javits<br />
Convention Center in New York, New York. (Ex. 13 at 55-56) 182<br />
4. Summary<br />
While the Local 714 chief steward for Rosemont, Boscarino<br />
owned companies which did business with Rosemont. Boscarino<br />
created serious conflicts of interest. Boscarino selected which<br />
members worked for Rosemont. By having several ongoing business<br />
interests dependent on Rosemont and other Local 714 employers,<br />
Boscarino had an economic interest in maintaining a good<br />
relationship with the companies. Rosemont might not favor members<br />
who aggressively pursued their contractual rights. Boscarino, a<br />
union appointee who acknowledged he would be the first union<br />
contact for a member with a problem, was unaware of how a member<br />
any record filed with the Illinois Secretary of State changing the<br />
name American Trade Show Services to American Show Services.<br />
182<br />
During his January 1996 sworn examination, Boscarino<br />
testified that ATSS owned 30 forklifts which were in use at the<br />
Javits Center in New York and 13 aerial lifts which were in use in<br />
Chicago at that time. (Ex. 13 at 55-56)<br />
According to Boscarino, Bob Goldman handled the operation<br />
of ATSS in New York. (Ex. 13 at 50-51) According to New York<br />
corporate records available on Nexis, there was no New York<br />
corporation, American Trade Show Services. However, there was an<br />
active New York corporation, Eastern Rentals, Inc. and the person<br />
listed at the process address for that company was Robert Goldman.<br />
(Ex. 225)<br />
91
could file a grievance against Rosemont.<br />
Although the Secretary-Treasurer knew of some of<br />
Boscarino's conflicts (Ex. 1 at 65-70, 74-75), it does not appear<br />
he, Boscarino, or any other officer told the members in the trade<br />
show division that Boscarino held all these potentially conflicting<br />
interests. (Ex. 226) There was never any discussion at any meeting<br />
of the trade show members about Boscarino's interests in companies<br />
that did business with employers of Teamsters. (Ex. 1 at 75; Ex.<br />
226)<br />
In addition to former Rosemont chief steward Boscarino,<br />
at least six other Local 714 members who have held positions of<br />
authority in the trade show/movie industries also have business<br />
interests dependent on companies which employ Local 714 members.<br />
The five members with such conflicting interests are: William<br />
Hogan, III, James A. Hogan, James F. Hogan, Timothy Maxwell, Dale<br />
Torii and Richard DeAngelo. Five of these members are Hogan<br />
relatives. As a result, these members occupy positions with at<br />
least the appearance of serious conflicts of interests.<br />
F. Boscarino and a Hogan Relative Supplied Non-Union Labor<br />
to Local 714 Employers in the Trade Show Industry_<br />
1. Non-Union Workers who Handled Empty Crates<br />
In the trade show industry, crates are used to ship<br />
booths and other items to McCormick Place or other trade show<br />
sites. (Ex. 54 at 23-24) During trade shows, the empty crates are<br />
stored and when the show is finished the empty crates are returned<br />
to be packed for shipment. (Ex. 74 at 24) As a member explained,<br />
92
54-56) 184 Boscarino's company, Bomark, provided the non-union<br />
"[a]ll the freight that comes into the shows in crates and boxes or<br />
cartons, all that [sic] empty crates, cartons and whatever, has to<br />
be taken out after the show is over." (Ex. 74 at 23) The Local's<br />
current collective bargaining agreements with the trade show<br />
contractors specifically exclude from coverage the workers who<br />
handled moving and storing the empty crates at the trade shows.<br />
(Exs. 155-58) Article XIV, Section 7 of the Freeman, Rosemont, GES<br />
and J&J collective bargaining agreements provides that "[e]mployees<br />
engaged in handling and storage of crates shall not be classified<br />
for the duration of this Agreement." (Exs. 155-58) 183 The workers<br />
who handled empty crates were not members of any union. (Ex. 136 at<br />
workers to handle the empty crates at the Rosemont Exposition<br />
Center. (Ex. 30 at 37-38; Ex. 15 at 14-15) In addition, it appears<br />
that William Hogan, Jr.'s nephew and business agent Robert Hogan's<br />
cousin, Ronald Maxwell, Jr., is a part owner of Empties, Inc.,<br />
183<br />
According to Robert Hogan, "classified employees" are the<br />
employees Hardy referred to work. (Ex. 136 at 59) This provision<br />
regarding the employees who handled the crates was also included in<br />
the prior collective bargaining agreements for the period from<br />
January 1991 through December 1993. (Exs. 227-28)<br />
184<br />
Although the workers who handled the empty crates were<br />
excluded from the collective bargaining agreements, it appears that<br />
in certain circumstances, Local 714 members handled empty crates.<br />
For example, as a general rule the non-union workers moved empty<br />
crates using dollies but if a forklift was needed to move a crate,<br />
then a Teamster would do that. (Ex. 136 at 60-61; Ex. 50 at 47, 55-<br />
57; Ex. 74 at 31) In addition, during trade shows at hotels, Local<br />
714 members handled the empty crates using dollies. (Ex. 43 at 13;<br />
Ex. 136 at 55) According to Robert Hogan, if there were several<br />
crates that must be moved, a contractor could choose to have Local<br />
714 members move the crates. (Ex. 136 at 65)<br />
93
which supplied the non-union workers who handled the empty crates<br />
at McCormick Place. (Ex. 74 at 23-29; Ex. 229) 185<br />
Trade show business agent Hogan did not know why the<br />
workers who handled the empty crates were not within Local 714's<br />
jurisdiction. (Ex. 136 at 55) He also testified that Local 714<br />
never sought to represent the workers who handled the empty crates.<br />
(Ex. 136 at 56) After reviewing the Local's current collective<br />
bargaining agreement with Rosemont, Secretary-Treasurer Hogan<br />
testified that this provision was in the contract because,<br />
[t]he industry is extremely competitive. If you build<br />
too much cost in they will take their shows to other<br />
cities. So to have that work done by all Teamsters would<br />
be extremely expensive and probably chase the work away.<br />
(Ex. 1 at 51) He had "no idea" when the last time the issue of the<br />
workers who handle the empty crates was discussed with any of the<br />
trade show contractors. (Ex. 1 at 52) 186<br />
2. Bomark Cleaning Services<br />
As discussed supra at 80-82, Boscarino is a part-owner of<br />
Bomark Cleaning Services.<br />
Bomark appears to have supplied non-<br />
185<br />
As detailed infra at 106-111, Maxwell was also an owner of<br />
Convention Cartage Systems, a company which had a collective<br />
bargaining agreement with Local 714. (Ex. 230-31) Since the<br />
inception of the collective bargaining agreement with Local 714,<br />
Convention Cartage Systems failed to make required contributions on<br />
behalf of its employees to the Local 714 Health Fund. (Ex. 232)<br />
186<br />
According to <strong>President</strong> Hogan, non-union workers have<br />
"always" handled the empty crates at McCormick Place. (Ex. 135 at<br />
67) He did not know why such workers have handled the empty<br />
crates. (Ex. 135 at 67) He thought that in the past the Local<br />
tried unsuccessfully to organize one of the day labor service<br />
companies. (Ex. 135 at 67)<br />
94
union workers to Rosemont to handle the empty crates for trade<br />
shows. (Ex. 30 at 37-38; Ex. 15 at 14-15) 187 Boscarino's desire for<br />
the business for Bomark may have conflicted with the Local's<br />
decision as to what work was within its jurisdiction.<br />
3. Empties, Inc.<br />
The Secretary-Treasurer's and <strong>President</strong>'s nephew, Ronald<br />
Maxwell, Jr., is a part owner and officer of Empties, Inc., which<br />
provided non-union labor to trade show contractors with Local 714<br />
collective bargaining agreements. (Ex. 230; Ex. 74 at 23-24, 28-<br />
30) 188 On the annual report dated February 14, 1996, Maxwell was<br />
listed as the <strong>President</strong> and only officer of Empties. (Ex. 229)<br />
Local 714 member Douglas Marcinek ("Marcinek") was an<br />
investor in Empties, Inc.. (Ex. 74 at 23-24) 189<br />
According to<br />
Marcinek, Empties was formed after representatives of trade show<br />
187<br />
Trade show business agent Robert Hogan testified that<br />
employees of Bomark "may" have handled the empty crates at the<br />
Rosemont Exposition Center. (Ex. 136 at 63) Hardy testified that<br />
he did not know if Bomark was involved in supplying employees to<br />
handle empty crates. (Ex. 50 at 60)<br />
188<br />
Ronald Maxwell, Jr.'s mother, Mary Jane Maxwell, is William<br />
Hogan, Jr.'s sister. (Ex. 78 at 4, 7) Between July 1982 and July<br />
1994, Ronald Maxwell, Jr. was a Local 714 member. (Ex. 233) In<br />
addition, his brothers, Daniel, Kevin and Timothy Maxwell are<br />
currently Local 714 members. (Ex. 5; Ex. 78 at 3, 7-8)<br />
Furthermore, his brother-in-law, Charles Burandt, who is married to<br />
his sister Dawn, is also a Local 714 member in the Local's trade<br />
show/movie division. (Ex. 5)<br />
189<br />
Marcinek testified that other investors in Empties were<br />
Bill Glasgow, Jr., Ron Capua, and John Fareg. (Ex. 74 at 26-27)<br />
Bill Glasgow and John Fareg were Local 714 members. (Ex. 74 at 32-<br />
33) However, they are no longer members of the Local. (Ex. 74 at<br />
32-33)<br />
95
contractors Freeman and GES spoke to Local 714 members and<br />
suggested that a company be formed to compete against the company<br />
which was providing the workers to handle the empty crates. (Ex. 74<br />
at 23, 28-29) 190<br />
Depending upon the size of the trade show, Empties<br />
supplied between twenty and sixty workers to the trade show<br />
contractors to handle the empty crates. (Ex. 74 at 36)<br />
Empties<br />
obtained workers to supply to the show contractor from temporary<br />
labor services including ReadyMen and Labor World which labor<br />
service paid them minimum wage. (Ex. 74 at 26, 30, 36) In 1995<br />
investors in Empties received $8,000 each. (Ex. 74 at 32) 191<br />
G. Sham Contracts and Ineligible Members<br />
1. The Weinbergs<br />
The Local 714 employer roster dated September 14, 1995<br />
listed "S & J" as a company with a Local 714 collective bargaining<br />
agreement and two members. (Ex. 132)<br />
The two Local 714 members<br />
reportedly employed at S & J Scrap were Brian and Sheldon Weinberg.<br />
(Ex. 137 at 17; Ex. 234) Local 714 has never had a signed<br />
190<br />
Marcinek testified that the company which had been<br />
supplying the non-union workers to handle the empty crates was<br />
Jerry Wieland or Wieland Services. (Ex. 74 at 23-24)<br />
191<br />
It appears that in the past, William Hogan, Jr.'s brother,<br />
Michael Hogan, Sr. may have been involved with a company that<br />
supplied non-union workers to handle the empty crates. (Ex. 34 at<br />
6) According to Michael Hogan, Jr., his father, Michael Hogan,<br />
Sr., worked for United Maintenance. (Ex. 53 at 19) United<br />
Maintenance arranged for a temporary labor service, ReadyMen, to<br />
provide workers to handle the empty crates at McCormick Place. (Ex.<br />
53 at 19, 23)<br />
96
collective bargaining agreement with S & J Scrap. (Ex. 135 at 31;<br />
Ex. 137 at 23) 192<br />
There is no S & J Scrap at the location listed on<br />
the September 1995 employer roster; at this location is a used car<br />
lot, Wayne Motors. (Ex. 135 at 30, 38) 193<br />
On February 23, 1996, Brian and Sheldon Weinberg each<br />
failed to appear for his noticed IRB sworn examination. (Exs. 236-<br />
37) On June 7, 1996, the IRB recommended to the Local 714<br />
Executive Board that the Weinbergs be charged with failing to<br />
cooperate with the IRB. (Ex. 127)<br />
On July 22, 1996 the Local's<br />
Executive Board permanently barred the Weinbergs from the <strong>IBT</strong>. (Ex.<br />
310)<br />
The Titan dues printouts for Brian and Sheldon Weinberg<br />
reflected that they joined Local 714 on April 1, 1990 and January<br />
1, 1989 respectively. (Exs. 242-43) 194 By letters dated February<br />
14, 1996 and April 25, 1996, the Chief Investigator's office<br />
192<br />
On the Local 714 employer roster dated September 1995 this<br />
company is referred to as "S & J." (Ex. 132) However, as discussed<br />
below, on other Local records, for example the membership list,<br />
this company is referred to as S & J Scrap. (Ex. 234) For purposes<br />
of this report, S & J and S & J Scrap are used interchangeably.<br />
193<br />
An on line review of Illinois Secretary of State documents<br />
disclosed no record of incorporation in the name S & J Scrap. In<br />
addition, there was no phone listing for S & J or S & J Scrap in<br />
the Chicago area. (Ex. 235) Furthermore, Local 714 Vice <strong>President</strong><br />
Arrington testified that he did not see evidence of a company S &<br />
J Scrap at the address for S & J Scrap in Local 714 records. (Ex.<br />
137 at 17, 22)<br />
194<br />
Although both Weinbergs were Local members at the time, an<br />
employer list Local 714 furnished to the Chief Investigator in<br />
response to a March 31, 1994 request did not reflect S & J Scrap as<br />
a company under contract with the Local (Ex. 238) In addition, an<br />
employer list dated August 30, 1991 did not list S & J Scrap as an<br />
employer under contract with Local 714. (Ex. 239)<br />
97
equested that Local 714 provide a copy of the Local's collective<br />
bargaining agreement with S & J. (Ex. 240) 195<br />
Subsequent to those<br />
requests, on March 5, 1996 Local 714 issued withdrawal cards to the<br />
Weinbergs. (Exs. 242-43) <strong>President</strong> Hogan testified that he<br />
directed these withdrawal cards be issued after he became aware<br />
that a used car lot was located at the address listed for S & J<br />
Scrap. (Ex. 135 at 35) 196<br />
By letter dated May 3, 1996, the Local provided an<br />
unsigned collective bargaining agreement between Local 714 and S &<br />
J covering February 1, 1989 through January 31, 1992. (Ex. 165 and<br />
244) This unsigned agreement, which purported to cover "all<br />
production, maintenance, shipping and receiving room employees",<br />
provided for employer contributions to the Local 714 Metal Industry<br />
Health and Welfare Fund. (Ex. 244) According to <strong>President</strong> Hogan,<br />
the Weinbergs received hospitalization benefits through this Fund<br />
and the Fund recently sued the Weinbergs "to recover whatever<br />
losses there were." (Ex. 135 at 34)<br />
<strong>President</strong> Hogan asserted that he first learned the Local<br />
did not have a signed collective bargaining agreement with S & J in<br />
about September or October 1994 when he reviewed a "contract on<br />
file" list the Local maintained. (Ex. 135 at 26-27; Ex. 245) He<br />
also realized then that no business agent was assigned to S & J.<br />
195<br />
During the Chief Investigator's review of records at the<br />
Local 714 offices in December 1995, the Local was also requested to<br />
provide copies of several collective bargaining agreements,<br />
including the collective bargaining agreement for S & J. (Ex. 241)<br />
196<br />
<strong>President</strong> Hogan testified that it was his understanding<br />
that the Weinbergs were used car salesmen. (Ex. 135 at 39)<br />
98
(Ex. 135 at 27-28) 197<br />
At that time he assigned Arrington to obtain<br />
a signed collective bargaining agreement. (Ex. 135 at 27-28) Vice<br />
<strong>President</strong> Arrington stated that he first learned of the Local's<br />
failure to have a signed collective bargaining agreement with S &<br />
J in late 1994 from <strong>President</strong> Hogan. (Ex. 137 at 14-15)<br />
Although both Hogan and Arrington knew in the fall of<br />
1994 the agreement with S & J was unsigned, no action was taken<br />
concerning this until after the Chief Investigator's office<br />
requested information concerning S & J. <strong>President</strong> Hogan claimed he<br />
first became aware "that S & J Scrap was not a scrap operation" as<br />
a result of an IRB request for the collective bargaining agreement<br />
with S & J Scrap. (Ex. 135 at 25, 35) He explained the lack of a<br />
signed agreement as a result of Arrington's pattern of neglecting<br />
to get contracts signed.<br />
(Ex. 135 at 29)<br />
He stated,<br />
it is not at all uncommon for Marshall to have contracts<br />
that are ratified and agreed upon and not signed for a<br />
year or two and they would continue to appear on this<br />
contract on file list and he would be continually<br />
reminded to get these contracts signed.<br />
Arrington testified that after James M. Hogan spoke to<br />
him a second time about S & J Scrap in approximately 1996, he<br />
determined that Wayne Motors, Inc., a used car lot, occupied the<br />
197<br />
<strong>President</strong> Hogan testified that retired Local 714 business<br />
agent Benny Quiroz may have been assigned to S & J Scrap. (Ex. 135<br />
at 31-32) However, as of the date of his sworn examination Hogan<br />
said that he had not been able to speak with Quiroz because Quiroz<br />
currently lives in Mexico City. (Ex. 135 at 32) Hogan testified<br />
that when Quiroz retired he went over each of Quiroz's shops with<br />
him. He testified that he did not recall if S & J Scrap came up at<br />
that time. (Ex. 135 at 39-40)<br />
99
address listed for S & J. (Ex. 137 at 15-17, 21) 198<br />
Weinberg.<br />
When Arrington went to Wayne Motors, he spoke to Sheldon<br />
Arrington believed that Weinberg was "evading" his<br />
questions. (Ex. 137 at 17-19)<br />
Weinberg.<br />
Arrington also spoke to Brian<br />
Brian Weinberg told Arrington that a friend of his<br />
father's spoke to William Hogan, Sr. about the Weinbergs becoming<br />
members. (Ex. 137 at 20) Arrington could not recall the name of<br />
either Weinberg's father or his father's friend. (Ex. 137 at 20) 199<br />
<strong>President</strong> Hogan testified that his father told him that he did not<br />
know anything about S & J Scrap and did not know the Weinbergs.<br />
(Ex. 135 at 31)<br />
2. James F. Hogan<br />
During his sworn examination, James F. Hogan, a cousin of<br />
the Hogans who joined Local 714<br />
in approximately 1969, testified<br />
that between approximately 1981 and 1985 he was "an operations<br />
manager" for Rosemont, a Local 714 employer. (Ex. 52 at 4) 200<br />
198<br />
According to Illinois corporate records, Wayne Motors, Inc.<br />
was incorporated on March 16, 1978. (Ex. 246) The <strong>President</strong> of<br />
Wayne Motors was Sheldon Weinberg and the Secretary was Dolores<br />
Weinberg. (Ex. 246) The address for Sheldon Weinberg on the 1995<br />
annual report Wayne Motors filed with the Illinois Secretary of<br />
State was the same address for Sheldon Weinberg on the Local 714<br />
August 30, 1995 membership list. (Exs. 246-47) An <strong>IBT</strong> Titan list<br />
of employers with contracts with Local 714 as of July 5, 1995<br />
listed an employer as: "S & J Scrap Inc. c/o Wayne Motor." (Ex.<br />
248)<br />
199<br />
According to Arrington, Brian Weinberg told him that his<br />
father was a Local 714 member employed at S & J Scrap. (Ex. 137 at<br />
20-21)<br />
200<br />
James F. Hogan testified that it was "unclear" whether an<br />
operations manager was a position covered under the Local's<br />
collective bargaining agreement with Rosemont. (Ex. 52 at 5) He<br />
remained a union member while the operations manager because he<br />
100
Secretary-Treasurer Hogan testified that his cousin James worked<br />
for Rosemont as an account executive, a position not within the<br />
Local 714 bargaining unit. (Ex. 1 at 59-60) Hardy testified that<br />
he believed that during the time James F. Hogan worked as an<br />
account executive for Rosemont, he was not a member of the<br />
Teamsters. (Ex. 50 at 9) James F. Hogan, however, testified that<br />
since 1969 his Local membership was continuous and while he was the<br />
operations manager for Rosemont he remained a Local 714 member.<br />
( Ex. 52 at 3-5) Accordingly, it appears that while not employed<br />
within the bargaining unit Local 714 represented, James F. Hogan<br />
was permitted to remain a union member.<br />
3. Vincent Siciliano<br />
James F. Hogan was not the only person permitted to be a<br />
Local 714 member while working in a non-bargaining unit position<br />
for a trade show contractor. For example, Vincent Siciliano, who<br />
works as a freight supervisor for GES, is a Local 714 member. ( Ex.<br />
105 at 3, 11) According to Siciliano, there are five other freight<br />
supervisors at GES who are not Local 714 members. (Ex. 105 at 12)<br />
The Local's collective bargaining agreement with GES does not<br />
include freight supervisors in the bargaining unit. (Ex. 157 at 14)<br />
Siciliano was not paid pursuant to the Local's collective<br />
bargaining agreement with GES. (Ex. 105 at 13-14; Ex. 157 at 14)<br />
Prior to becoming a Local 714 member, Siciliano worked for O'Hare<br />
stated he, "wanted to keep my continuous time running." ( Ex. 52 at<br />
5) He testified that when he was the operations manager he was<br />
paid according to the collective bargaining agreement between<br />
Rosemont and Local 714. ( Ex. 52 at 5-6)<br />
101
Exposition Maintenance, a company Michael Hogan, Sr. owned. (Ex.<br />
105 at 3-4)<br />
When asked how he came to be the only freight supervisor<br />
who was a union member, Siciliano testified, "I've maintained my<br />
teamster benefits throughout the employment.<br />
That was the<br />
agreement we had when I came on board with Andrews Bartlett [a<br />
trade show contractor] and it's continued through GES." (Ex. 105 at<br />
12) Siciliano testified that he did not know who from Local 714<br />
agreed to allow him to be a member of the union. (Ex. 105 at 13)<br />
As a member of the Local, Siciliano was entitled to attend Local<br />
membership meetings and vote for candidates, although he testified<br />
that he did not attend such meetings. (Ex. 105 at 17)<br />
4. Charles W. Miller<br />
Charles W. Miller ("Miller"), a former Local 714 member,<br />
is currently incarcerated. He was permitted to continue his Local<br />
714 membership while he was in prison. According to his dues<br />
records, Miller first paid dues to the Local on February 17, 1994<br />
after his conviction and while his appeal was pending. (Exs. 171,<br />
172)201<br />
201 William Hogan, Jr. testified that in the past parole<br />
officers contacted Local 714 to place individuals to work at<br />
McCormick Place in order to assist such individuals to get out of<br />
prison. (Ex. 1 at 109; Ex. 308 at 11) As is evident from decades<br />
of practice, good jobs for felons was a more important<br />
consideration for the Hogans' assignments in the trade show/movie<br />
division than allowing Local 714 members from other employers to<br />
have better opportunities. As detailed supra at 21, fn. 34, former<br />
chief steward Kaye was permitted to remain the chief steward after<br />
his conviction for taking money from trade show contractors for<br />
work he did not perform. In addition, as detailed supra at 47-48,<br />
102
On July 23, 1992, Miller was convicted of felony charges<br />
in connection with the theft of $187,000 in diamonds from an<br />
Illinois jewelry salesman in Fond du Lac, Wisconsin. (Ex. 172) On<br />
August 18, 1994, Miller began serving an eight year sentence at a<br />
correctional facility in Wisconsin. (Ex. 172)<br />
On January 3, 1996, a notice of sworn examination was<br />
sent to Miller at 2681 Rusty Drive, Des Plaines, Illinois as<br />
reflected on the Local's June 1995 membership records scheduling<br />
his sworn examination for January 18, 1996. (Exs. 173-74) On or<br />
about January 10, 1996, a lawyer contacted the Chief Investigator's<br />
office and advised that his client, Local 714 member Miller, was<br />
incarcerated. (Ex. 175)<br />
According to Miller's dues records, subsequent to August<br />
18, 1994 when he was incarcerated in Wisconsin, his quarterly union<br />
dues were paid on the following dates: December 10, 1994, March 13,<br />
1995 and July 11, 1995. (Ex. 171) On September 18, 1995, he was<br />
issued a withdrawal card from Local 714. (Ex. 171)<br />
On January 11, 1996, the Chief Investigator's office sent<br />
to Secretary-Treasurer Hogan six questions and a request for<br />
transportation coordinator George DiLeonardi became a member of the<br />
Local's trade show/movie division after being convicted of a<br />
felony. Furthermore, Eddie Smith, Jr. became a Local 714 member in<br />
the trade show/movie division in approximately April 1986 after he<br />
served approximately five years of a fifteen year federal sentence<br />
for possession with intent to distribute cocaine. (Ex. 109 at 6-8;<br />
Ex. 133) Smith began working in the trade show/movie division<br />
after a Carpenters union official introduced Smith to then<br />
Secretary Treasurer Hogan, Sr.. (Ex. 109 at 3-5)<br />
103
documents regarding Miller. (Ex. 176) 202 In response to this<br />
request, Local 714's counsel provided an affidavit from Miller<br />
dated January 18, 1996. (Ex. 177) In this affidavit, Miller stated<br />
"I am a member of Teamster Local Union Number 714" and further<br />
stated that his father paid his union dues by personal check. (Ex.<br />
177) Miller also stated that from September 9, 1994 to the<br />
present, "I do not know whether I was, or was not, a participant in<br />
the Local 714 Health and Welfare Fund, the Central State's [sic]<br />
Pension Fund or any other Teamster related pension fund . . .."<br />
(Ex. 177) 203 By letter dated February 1, 1996, Local 714's counsel<br />
provided an affidavit from William Hogan, Jr. denying any personal<br />
knowledge responsive to the questions regarding Miller and stating<br />
that Local 714 records did not provide answers. (Ex. 178)<br />
Secretary-Treasurer Hogan refused to review Local 714 Health Fund<br />
records to respond to the Chief Investigator's inquiries which<br />
included the question of whether Miller participated in the Local's<br />
Health Fund subsequent to September 1994. (Exs. 177 and 178)<br />
2°2<br />
This request was made pursuant to Paragraph G of the March<br />
14, 1989 Consent Decree in United States v. <strong>IBT</strong>, 88 Civ. 4486<br />
(S.D.N.Y.). The questions posed to Secretary-Treasurer Hogan<br />
included how Miller's dues were paid, for which employers he worked<br />
and whether he participated in the Local 714 Health Fund or other<br />
<strong>IBT</strong> affiliated benefit funds after September 1994. (Ex. 176)<br />
(Ex. 177)<br />
203<br />
In addition, Miller stated,<br />
I do not remember making any contributions personally,<br />
nor do I remember my father making any in my behalf to<br />
the Local 714 Health and Welfare Fund, the Central<br />
State's [sic] Pension Fund or any other Teamster related<br />
pension fund from September 9, 1994, to the present.<br />
104
The ease with which Miller could remain a member while in<br />
prison and the trade show/movie division's members' power as a<br />
voting bloc raise troubling questions. See, supra at 60-62.<br />
Moreover, the Secretary-Treasurer's refusal to review the records<br />
is another piece of evidence indicating claims of desire to reform<br />
are hollow in this Local.<br />
5. Vernon Stoub<br />
Vernon Stoub is an owner of Standard Cartage and signed<br />
the Local's collective bargaining agreement on behalf of the<br />
company. (Ex. 249 at 9, 20-21; Ex. 250)<br />
Vernon Stoub and his<br />
brother, John Stoub, who is also an owner of Standard Cartage, are<br />
both members of Local 714. (Ex. 249 at 3, 6)<br />
Currently, Vernon and John Stoub are the only Local 714<br />
members employed at Standard Cartage. (Ex. 249 at 7-8) According<br />
to Vernon Stoub, in addition to being an owner of the company, he<br />
is a machinery driver at Standard. (Ex. 249 at 8-9) Other drivers<br />
at Standard, whom Stoub described as freight drivers, are members<br />
of <strong>IBT</strong> Local 705. (Ex. 249 at 6) Stoub is not paid pursuant to the<br />
Local 714 collective bargaining agreement. (Ex. 249 at 16; Ex. 250)<br />
Stoub testified that he is member of the Local,<br />
[b]ecause for the convenience of the health and welfare<br />
benefits. Being management, I probably don't have to be<br />
a member and I had -- by the time I became an owner, I<br />
had 15 years in and I wanted to get a full pension. I<br />
was probably vested already, but it was convenient.<br />
(Ex. 249 at 22) This is another sham contract and sham membership.<br />
105
6. Convention Cartage Systems, Inc.<br />
Local 714 has a collective bargaining agreement with<br />
Convention Cartage Systems ("Convention") which the Secretary-<br />
Treasurer's and <strong>President</strong>'s nephew, Ronald E. Maxwell, Jr.<br />
("Maxwell"), owns. (Ex. 231; Ex. 135 at 52) 204<br />
Recording Secretary<br />
Robert Hogan negotiated this collective bargaining agreement with<br />
his cousin in about May 1994. (Ex. 231; Ex. 136 at 24) Since the<br />
start of its contractual obligations in May 1994, Convention failed<br />
to make contributions to the Local 714 Health and Welfare Fund on<br />
behalf of the Local 714 members it employed. (Ex. 232)<br />
As<br />
discussed infra at 110, on or about May 7, 1996, after the IRB<br />
investigation of Local 714 began, the Local 714 Health and Welfare<br />
Fund filed a lawsuit against Convention seeking $50,000 in back<br />
contributions. (Ex. 232)<br />
According to Illinois corporate records, Convention was<br />
incorporated on August 24, 1993 and Maxwell was listed as the<br />
registered agent. (Ex. 230) On the annual report Convention filed<br />
dated September 26, 1994, Maxwell was listed as the company<br />
<strong>President</strong>. (Ex. 230)<br />
Maxwell became a Local member in July 1982. (Ex. 233) 205<br />
204<br />
Local 714 member Dan Maxwell, testified that his brother<br />
Ronald was an owner and officer of Convention. (Ex. 78 at 10-11)<br />
According to Dan Maxwell, John Fareg was Ronald Maxwell's partner<br />
in Convention. (Ex. 78 at 10-11) Fareg was a Local 714 member in<br />
the Local's trade show/movie division. (Ex. 78 at 11)<br />
205<br />
Maxwell's three brothers, Daniel, Kevin and Timothy, are<br />
also Local 714 members in the trade show/movie division. (Ex. 5)<br />
In addition, Maxwell's brother-in-law, Charles Burandt, is also a<br />
Local 714 member in the trade show/movie division. (Ex. 5)<br />
106
On a March 31, 1994 Local 714 membership list, he was listed as<br />
being employed in the Local's trade show division. (Ex. 252) 2 °6<br />
On or about May 1, 1994, while he was a Local 714 member,<br />
Maxwell signed a collective bargaining agreement with Local 714 on<br />
behalf of Convention. (Exs. 231 and 233)<br />
His uncle, <strong>President</strong><br />
Hogan, and his cousin, Recording Secretary Hogan, signed on behalf<br />
of the Local. (Ex. 231; Ex. 135 at 53-54)<br />
This contract was<br />
effective from May 1, 1994 through April 30, 1997. (Ex. 231) As of<br />
September 1995, there were twelve members employed at Convention<br />
Cartage. (Ex. 132) 2 ° 7<br />
On or about July 20, 1994, Ronald Maxwell,<br />
Jr. took a withdrawal card from Local 714. (Ex. 233)<br />
Several Executive Board members and business agents<br />
testified that they were not aware that Local 714 had entered into<br />
a collective bargaining agreement with a company William Hogan,<br />
Jr.'s nephew owned. (Ex. 139 at 14-15; Ex. 138 at 37; Ex. 137 at<br />
35; Ex. 140 at 17) 208 There were no discussions at any Executive<br />
Board meeting about the Local negotiating a collective bargaining<br />
2°6<br />
As discussed supra at 92-96, while he was a Local 714<br />
member Maxwell also formed a company Empties, Inc. which provides<br />
non-union temporary labor to trade show contractors to move and<br />
store empty crates at McCormick Place. (Ex. 74 at 23) Also while<br />
a Local 714 member, Maxwell was an owner of a company, Maxron,<br />
which hauled air freight. (Ex. 136 at 27; Ex. 191) Maxron picked<br />
up small freight packages at the Rosemont Exposition Center. (Ex.<br />
15 at 12) Local 714 never had a collective bargaining agreement<br />
with Maxron. (Ex. 136 at 29)<br />
207<br />
Robert Hogan testified that Convention probably had<br />
employees who were not Local members employed in the office. He<br />
never sought to organize these employees. (Ex. 136 at 31)<br />
208<br />
Indeed, Maxwell's brother, Local 714 member Dan Maxwell,<br />
testified that he did not know if Convention had a collective<br />
bargaining agreement with Local 714. (Ex. 78 at 11)<br />
107
agreement with the nephew of the principal officer and the Local's<br />
<strong>President</strong> and allowing the employer's cousin to be the business<br />
agent assigned to the company. (Ex. 253; Ex. 135 at 52-53; Ex. 136<br />
at 25)<br />
Convention hauled freight at McCormick Place for Freeman<br />
and GES which both have contracts with Local 714. (Ex. 136 at 24;<br />
Ex. 150 at 18; Ex. 50 at 17) Convention also hauled freight at the<br />
Rosemont Exposition Center. (Ex. 30 at 29-30)<br />
Chief steward and<br />
Trustee Hardy testified that he knew Convention hauled freight at<br />
McCormick Place but did not know if Local 714 had a contract with<br />
it. (Ex. 50 at 17) 209 In contrast to Hardy's testimony, a Local 714<br />
trade show/movie division member testified that Hardy assigned him<br />
to work as a driver for Convention. (Ex. 11 at 21-22)<br />
Maxwell hired his cousin, Brian Hogan, <strong>President</strong> Hogan's<br />
son, to work for Convention loading and unloading trucks at its<br />
warehouse. (Ex. 150 at 4) He worked at Convention from<br />
approximately August 1994 through July 1995 and became a Local 714<br />
member as a result of his employment at Convention. (Ex. 150 at 4-<br />
5)<br />
According to Robert Hogan, he negotiated a collective<br />
bargaining agreement with his cousin because a now deceased member<br />
of the Local's trade show/movie division, Bill Woods, began to work<br />
for Convention. (Ex. 136 at 24-25, 30)<br />
After Woods told Robert<br />
Hogan that he wanted to join the union, Hogan contacted Maxwell.<br />
2°9 Hardy testified that he "heard" that Maxwell was involved<br />
in Convention, but he did not know if Maxwell was the owner of that<br />
company. (Ex. 50 at 17-18)<br />
108
(Ex. 136 at 24-25) According to Robert Hogan, Woods knew that<br />
Hogan was related to Maxwell. (Ex. 136 at 26) However, as<br />
additional employees were hired at Convention, Robert Hogan, the<br />
business agent for the company, did not tell the new employees that<br />
he was related to Maxwell. (Ex. 136 at 31)<br />
For example, a<br />
Convention employee testified that he did not know who owned<br />
Convention and did not know if Maxwell was related to William<br />
Hogan, Jr.. (Ex. 11 at 23-25)<br />
<strong>President</strong> Hogan gave a different explanation. According<br />
to him, Maxwell explained he was going into the trucking business<br />
and wanted a contract with Local 714. (Ex. 135 at 54) <strong>President</strong><br />
Hogan testified that he told Maxwell to work out an agreement with<br />
Robert Hogan with the understanding that "the terms and conditions<br />
will be the same as all other trucking contractors in the<br />
industry". (Ex. 135 at 54-55)<br />
He further testified that when<br />
negotiating the Convention contract, the Local 714 contract with<br />
J&J Motors was followed. (Ex. 135 at 55)<br />
The Local 714 contracts for Convention and J&J Motors<br />
were not identical. A difference is that in the current J&J Motors<br />
contract the employer pension fund contributions on behalf of<br />
covered employees were $18.00 more per week for the first two years<br />
of the contract and $16.00 more per week for the last year of the<br />
contract than the contributions Convention Cartage was required to<br />
make. (Exs. 231, 254 and 292) 210<br />
210<br />
However, the hourly rate Convention Cartage was required<br />
to pay straight truck drivers was $.41 more than the J&J Motors<br />
hourly rate for each year the contracts covered. (Exs. 231, 254 and<br />
109
On May 7, 1996, after the Chief Investigator's<br />
investigation began, the Local 714 Health and Welfare Fund filed a<br />
complaint against Convention Cartage in U. S.<br />
District Court for<br />
the Northern District of Illinois seeking to recover "in excess of<br />
$50,000" in contributions Convention failed to make on behalf of<br />
its employees to the Local 714 Health Fund. (Ex. 232) According to<br />
the complaint, since May 1994, which was the effective date of the<br />
collective bargaining agreement with the company, Convention had<br />
failed to make contributions on behalf of its employees to the<br />
Fund. (Exs. 231 and 232) 211<br />
It is unclear whether Convention is still in existence.<br />
According to Robert Hogan, Convention went out of business sometime<br />
in 1995. (Ex. 136 at 23) 212<br />
<strong>President</strong> Hogan testified that he<br />
believed that the company may have "either merged or -- some kind<br />
of a change in ownership or the structure of their business, but<br />
I'm not sure what it was." (Ex. 135 at 52) 213<br />
Maxwell's brother, Local 714 member Kevin Maxwell,<br />
292) The hourly rate for other truck drivers was the same in the<br />
J&J Motors and Convention Cartage contracts. (Ex. 231, 254 and 292)<br />
211<br />
On July 15, 1996 a default order was entered against<br />
Convention Cartage and the company was ordered to provide payroll<br />
records and Illinois tax returns for the period of January 1, 1994<br />
to July 15, 1996 to the Local 714 Health and Welfare Fund. The<br />
matter was adjourned to August 29, 1996. (Ex. 251)<br />
212<br />
According to Robert Hogan, after Convention Cartage went<br />
out of business, Maxwell began "brokering", which Hogan defined as<br />
being involved in arranging for freight to be moved out of<br />
McCormick Place. (Ex. 136 at 29)<br />
213<br />
On February 1, 1996, a federal tax lien was filed against<br />
Convention Cartage Systems for failure to pay federal withholding<br />
taxes and other federal taxes totaling $261,330.24. (Ex. 255)<br />
110
elieved that Convention was still in existence. (Ex. 79 at 9) In<br />
addition, Harry Connor, a Local member who is the foreman at the<br />
GES warehouse and is involved in a business with Ronald Maxwell,<br />
Jr.'s wife, also testified that he believed that Convention was in<br />
business. (Ex. 256 at 29-30) 214<br />
According to information available<br />
on Nexis, Convention Cartage filed an annual report and paid a<br />
franchise tax on January 8, 1996. (Ex. 258)<br />
7. Consolidated Film Delivery<br />
Local 714 has a collective bargaining agreement with an<br />
employer, Consolidated Film Delivery ("Consolidated"), where an<br />
officer of the company, Richard McLaughlin, was included in the<br />
bargaining unit and, in fact, was its shop steward. (Ex. 128; Exs.<br />
239, 259-60) The Local's collective bargaining agreement with this<br />
company provided: "[t]he Company may include their own office help<br />
or any one they choose [in the Local's Health Fund] providing the<br />
law will allow them." (Ex. 128 at 5) 215<br />
Consolidated was incorporated on September 5, 1990. (Ex.<br />
214<br />
Local 714 member Harry Connor, along with Local members<br />
Dale Torii, James Smith, Robert E. Hogan, Anthony Pomonis, Robert<br />
Kulak, Douglas Marcinek and Terence Sweet, and Weleska Maxwell,<br />
Ronald Maxwell's wife, are owners of First Class Furnishings, a<br />
company which does business in the trade show industry. (Ex. 256 at<br />
15-16; Ex. 133; Ex. 257)<br />
215<br />
When asked who would be responsible for monitoring whether<br />
Consolidated allowed anyone they chose to join the Local's Health<br />
Fund, <strong>President</strong> James M. Hogan responded, "I don't think anyone<br />
would monitor that unless they were aware of it being in there."<br />
(Ex. 135 at 49)<br />
111
259) 216 The Illinois corporate records available on NEXIS listed<br />
Richard McLaughlin as Secretary and Rosemary Martin as <strong>President</strong>.<br />
(Ex. 259) According to the Local 714 employer roster dated<br />
September 1995, there were two Local 714 members employed at<br />
Consolidated. (Ex. 132) McLaughlin was one of them. (Ex. 290) 217<br />
The address given for Local 714 member McLaughlin was the same as<br />
the address for the McLaughlin listed as a company officer. (Ex.<br />
259-260)<br />
Vendafreddo, the <strong>President</strong>'s and Secretary-Treasurer's<br />
brother-in-law, has been the business agent for Consolidated for<br />
the last nine years. (Ex. 140 at 34-35, 40) 218<br />
Both <strong>President</strong> Hogan<br />
and Vendafreddo signed the collective bargaining agreement. (Ex.<br />
128; Ex. 135 at 41; Ex. 140 at 39) Hogan testified that although<br />
he signed the contract, he had "no idea whatsoever" how the<br />
provision in the contract which allowed the employer to place "any<br />
one" in the Local's health fund became part of the Local's<br />
contract. (Ex. 135 at 48) 219<br />
216<br />
According to <strong>President</strong> Hogan, this company delivered film<br />
to movie theaters. (Ex. 135 at 40)<br />
217<br />
The other member was Jerome Bruen. (Ex. 290)<br />
218<br />
Although Vendafreddo was the business agent for<br />
Consolidated, he testified that he did not know the job<br />
classifications of employees Consolidated employed. (Ex. 140 at 35-<br />
36) Vendafreddo testified that Local 714 represented two or three<br />
employees at Consolidated and he did not know if the company had<br />
any other employees. (Ex. 140 at 35-37)<br />
219<br />
During his sworn examination, <strong>President</strong> Hogan testified<br />
that the provision which allowed the employer to place any one in<br />
the Local's Health Fund might have been carried over from previous<br />
collective bargaining agreements which may have been negotiated by<br />
Teamster Local 755 which merged with Local 714. (Ex. 135 at 47)<br />
112
Vendafreddo also could not explain how that language came<br />
to be part of the agreement. (Ex. 140 at 42) 220<br />
<strong>President</strong> Hogan<br />
could not explain how a Consolidated officer came to be a member of<br />
Local 714 and a Local steward. (Ex. 135 at 45)<br />
H. The Inadequacy of Local 714's Purported Self Reforms<br />
1. Introduction<br />
Recently, Local 714 took various actions in apparent<br />
response to IRB inquiries. These fall short of needed reform and<br />
appear solely to be window dressing. No steps addressed the<br />
historic unfairness of the Local's assignment of work in the trade<br />
show/movie division to the favored relatives and friends who were<br />
allowed entry into that division.<br />
The Local's leadership has a pattern of only acting when<br />
something is brought to light by an outsider. For example, only<br />
after IRB inquiries regarding Convention, did the Local's Health<br />
Fund file a lawsuit against the Hogan relative's company based upon<br />
the company's failure to make requisite health fund contributions<br />
from the start of its collective bargaining agreement.<br />
Another example of the Local's failure to take serious<br />
However, Consolidated was incorporated in 1990, at least fifteen<br />
years after the merger of Locals 755 and 714. (Ex. 135 at 47) In<br />
any event, the possibility that such language may have been<br />
included in previous contracts, did not provide an explanation for<br />
why such language was included in a Local 714 collective bargaining<br />
agreement effective July 1, 1994.<br />
220<br />
When asked whether office employees of Consolidated<br />
participated in the Local's health plan, Vendafreddo testified, "I<br />
have no idea. I would be guessing no, but I don't know." (Ex. 140<br />
at 43)<br />
113
steps toward self-reform was the Local's continued failure to hold<br />
the requisite number of Executive Board and membership meetings<br />
after being advised to do so by an <strong>IBT</strong> auditor in August 1995. As<br />
discussed infra at 118-120, the Local's recent actions are<br />
reminiscent of the intended cosmetic action the Local took in the<br />
1970s after it was publicized that organized crime figures were<br />
employed as Local 714 members at McCormick Place.<br />
2. Local 714 Recent Actions<br />
After the Chief Investigator conducted the sworn<br />
examination of Richard DeAngelo in July 1994, in approximately<br />
August 1994 the Local retained Gerry Miller, Esq. to conduct an<br />
investigation of the Local's trade show/movie division. (Ex. 304)<br />
The report of this investigation was issued on May 27, 1996,<br />
twenty-one months after the investigation began, and two days<br />
before the IRB sworn examination of William Hogan, Jr.. (Ex. 129)<br />
The Miller investigation focussed on the Local's trade<br />
show/movie division, but only four of the six transportation<br />
coordinators provided written statements in connection with this<br />
investigation. (Ex. 129) The written statements were signed in<br />
November 1994 or January 1995. (Ex. 129) William Hogan, Jr.'s son,<br />
William Hogan, III and Richard DeAngelo, each of whom were<br />
transportation coordinators and owners of companies which did<br />
business in the movie industry, did not provide written statements<br />
114
1- 2) 222 It appears that after the written statements in late 1994<br />
during the course of the investigation.2 21 The Miller report<br />
contained no explanation for why written statements were not taken<br />
in late 1994 or early 1995 of the two transportation coordinators<br />
who occupied these apparently conflicted positions. (Ex. 129)<br />
addition to the four signed statements taken in late 1994 or early<br />
1995, it appears that during the course of the Miller investigation<br />
the only other members who were interviewed were the Secretary-<br />
Treasurer, <strong>President</strong> and business agent Robert Hogan. (Ex. 129 at<br />
or early 1995, Miller conducted no further investigation until 1996<br />
when the IRB began conducting sworn examinations of members in the<br />
trade show/movie division. 223<br />
Accordingly, it appears that the<br />
Miller investigation was dormant until the IRB began its<br />
investigation in late 1995 at which time the Miller investigation<br />
tried to anticipate the IRB's findings.<br />
221<br />
William Hogan, III was an owner of three companies, Movies<br />
in Motion/SJB Rentals, H & M Rentals and Art's RV Sewer and Septic,<br />
which did business in the movie industry with employers of Local<br />
714 members. (Ex. 57 at 16, 22, 25; Ex. 72 at 14) Similarly,<br />
transportation coordinator Richard DeAngelo was a part owner of<br />
Premier Fuel and Cartage which did business in both the trade show<br />
and movie industries with employers of Local 714 members. (Ex. 34<br />
at 16-20)<br />
222<br />
It is unclear from the Miller report when the interviews<br />
of the three Hogan officers took place. In addition to these<br />
interviews, Miller reviewed certain of the IRB sworn examinations<br />
which Local 714's counsel forwarded to him. (Ex. 129 at 2) The IRB<br />
sworn examinations began in January 1996.<br />
223<br />
In an August 18, 1994 letter, Miller estimated that his<br />
investigation would take approximately sixty days to complete. (Ex.<br />
304)<br />
115
In his report Miller wrote,<br />
this investigation did not turn up indications that any<br />
Local 714 officers or representative [sic] sought to<br />
influence the business decisions of members in movie<br />
coordinator positions. Nevertheless, because some may<br />
perceive that Local 714 officials are making decisions<br />
involving coordinators and others based upon whether they<br />
do business with relatives of the Hogans who hold office<br />
in Local 714, we believe the Local Union's policy should<br />
be put in writing and communicated to the coordinators<br />
and others concerned.<br />
(Ex. 129 at 33) After making this finding, Miller recommended<br />
that,<br />
[t]he personal history information and background check<br />
requirements required for appointment to referral<br />
officer, chief steward, steward or coordinator positions<br />
should include the disclosure of and an investigation<br />
into any financial interests the member or members of his<br />
immediate family may have in firms whose businesses<br />
consist in substantial part of providing equipment, goods<br />
or services to employers that employ members of Local<br />
714. No person who will retain such an interest after<br />
taking the referral position should be appointed to the<br />
lob. The personal history information disclosures should<br />
be updated regularly.<br />
(Ex. 129 at 33-34; emphasis added) On June 18, 1996, the Executive<br />
Board adopted the recommendations in the Miller report. (Ex.<br />
130) 224 However, after an Executive Board meeting on July 3, 1996,<br />
224<br />
The Local's Executive Board adopted various Miller<br />
recommendations including the requirement that members and extras<br />
in the trade show/movie division file disclosure statements listing<br />
any criminal record and any business interests they or their<br />
immediate families have with companies whose "businesses consist in<br />
substantial part of providing equipment, goods, or services to<br />
employers that employ members of Local 714." (Ex. 129 at 34; Ex.<br />
130; Ex. 284) In addition, the Executive Board adopted the<br />
recommendation that background checks be performed on all members<br />
who are candidates for appointment to a "referral officer, chief<br />
steward, steward or coordinator position" in the trade show/movie<br />
division. It is unclear whether this provision would cover<br />
appointments to the position of movie captain or co-captain. (Exs.<br />
129-30; Ex. 284) At least seventy-two percent of the movie<br />
captains and co-captains are Hogan relatives and friends. (Ex. 3)<br />
116
Miller modified his recommendations. (Ex. 302) For example, Miller<br />
changed his recommendations to allow stewards in the trade show<br />
industry to own companies which do business with Local 714<br />
employers. (Ex. 302)<br />
In addition, with respect to Miller's recommendation that<br />
"any financial interests the member or members of his immediate<br />
family may have in firms whose businesses consist in substantial<br />
part of providing equipment, goods or services to employers that<br />
employ members of Local 714" (Ex. 129 at 34) would disqualify a<br />
member from a referral position, Miller limited "immediate family"<br />
to the member, his spouse and minor children. (Ex. 302) This did<br />
not address the incestuous ties that have strangled the trade<br />
show/movie division and the Local.<br />
Other matters also cast doubt on the Local's ability to<br />
reform itself. As early as October 1994 the Local's <strong>President</strong> was<br />
aware that the Local did not have a signed collective bargaining<br />
Furthermore, the Local adopted the Miller recommendation<br />
that "[T]he Local Union's policy [relative to leasing and procuring<br />
equipment on behalf of a movie production company] should be put in<br />
writing and communicated to the coordinators and others concerned"<br />
and that "[r]eferrals should be made based on objective, known, and<br />
relevant criteria that are put in writing and posted." (Exs. 129-<br />
30; Ex. 284)<br />
Moreover, as discussed supra at 75-77, the Miller report<br />
recommended that, "Rosemont steward Nick Boscarino should be asked<br />
to give up either his financial interests in any trade show<br />
equipment leasing business or his steward position with Local 714."<br />
(Ex. 129 at 34) As discussed supra at 75-77, after William Hogan,<br />
Jr. advised Boscarino that he would be removed as the Rosemont<br />
chief steward, on May 30, 1996, the date of his second IRB sworn<br />
examination, Boscarino resigned as the Rosemont chief steward and<br />
as an <strong>IBT</strong> member effective immediately. (Exs. 124-26)<br />
117
agreement with S & J Scrap (Ex. 135 at 31), the purported employer<br />
of former Local 714 members Brian and Sheldon Weinberg, yet the<br />
Local did not take any steps to address this situation until after<br />
IRB inquiries regarding S & J Scrap.<br />
Even more dramatically, despite Convention's, a Hogan<br />
relative's company, failure to make contributions to the Local's<br />
Health Fund since the start of its contract in May 1994, the<br />
Local's Fund did not file suit to obtain back contributions until<br />
two years later in May 1996, after IRB inquiries regarding the<br />
company. (Ex. 232)<br />
Likewise, the Local 714 Metal Industry Health<br />
Fund's suit against the Weinbergs to recover benefits paid also was<br />
only instituted after IRB inquiries. (Ex. 135 at 34)<br />
The Local's current purported remedial actions are<br />
reminiscent of other past cosmetic actions taken in the face of<br />
negative attention. Chicago newspapers in the early 1970s reported<br />
that organized crime figures worked as Teamsters at McCormick<br />
Place. (Ex. 285)<br />
One 1974 article stated, "The payrolls of union<br />
workers at McCormick Place dating back to 1971 reads like<br />
Who in the Chicago crime syndicate..." (Ex. 285(b))<br />
a 'Who's<br />
Newspaper<br />
articles reported that reputed organized crime figures Ernest Rocco<br />
Infelise and Mario Garelli were employed as Teamsters at McCormick<br />
Place. (Ex. 285) 225 After this negative publicity, then Local 714<br />
Secretary-Treasurer William Hogan, Sr. removed the identified<br />
individuals, including Infelise and Garelli, from their positions.<br />
225<br />
In the 1960s, Ernest Infelise was prosecuted for hijacking<br />
with William "Willie Potatoes" Daddano, a reputed organized crime<br />
member. (Ex. 286)<br />
118
(Ex. 285(c))<br />
By the then principal officer's own sworn admission, the<br />
officers' intent was to do this solely for the period necessary for<br />
press interest to vanish and then to return to the status quo.<br />
During a June 1977 deposition, William Hogan, Sr. explained that<br />
after the negative publicity about organized crime figures being<br />
employed at McCormick Place, he spoke to then trade show division<br />
chief steward David Kaye, as follows:<br />
". . . So, Dave, I said, if this publicity is going to<br />
continue we can't keep these guys in McCormick Place. We<br />
have to put them somewhere else so the heat is off of<br />
them, off of us and off of you"<br />
(Ex. 146 at 9) Consistent with this, Hogan, Sr. described a<br />
conversation he and his son, William Hogan, Jr., the present<br />
principal officer, had with Ernest Rocco Infelise in which he<br />
explained their plan to return Infelise to McCormick Place after<br />
the publicity ended:<br />
He [Infelise] said well, we want to stay here [McCormick<br />
Place] and I said no, not as long as we are taking all<br />
this publicity. We will put you anyplace but this<br />
building and they [Infelise and Garelli] said we are not<br />
going to work anyplace but this building and I said no,<br />
not under our Local -- now, if you go and the heat dies<br />
off we can bring you back, but we will find steady work<br />
for you in the manufacturing plant or any other exhibit<br />
hall, but not this one. They are zeroed in on and every<br />
time you guys work here we are going to get a blast.<br />
(Ex. 146 at 10-11) 226<br />
This promise was insufficient for Infelise.<br />
226<br />
During a 1977 deposition, William Hogan, Jr., the Local's<br />
current principal officer, testified about a similar conversation<br />
he had with Americo DePietto, another Teamster employed at<br />
McCormick Place who reportedly had organized crime ties. (Ex. 285<br />
and Ex. 308 at 8-9) Hogan, Jr. testified that he told DePietto,<br />
we would attempt to find them employment elsewhere in the<br />
119
In or about November 1974, Infelise, Garelli, DePietto and three<br />
other individuals who had been removed from McCormick Place filed<br />
a civil rights suit objecting to their termination. (Ex. 285(d))<br />
The defendants in this action included Local 714 officials, William<br />
Hogan, Sr. and William Hogan, Jr.. (Ex. 285(d))<br />
This case was<br />
dismissed.<br />
In a further example of the Local's failure to take<br />
serious steps toward self-reform, the Local's leadership failed to<br />
comply with an <strong>IBT</strong> auditor's recommendation that the Local hold the<br />
requisite number of Executive Board and membership meetings. The<br />
<strong>IBT</strong> Constitution requires that Local unions hold a total of nine<br />
Executive Board and nine membership meetings each year. 227 Despite<br />
the requirement in the Local Bylaws and the <strong>IBT</strong> Constitution that<br />
the Local hold nine membership meetings each year, between 1985 and<br />
1995, the Local's practice was to hold Executive Board and<br />
membership meetings only in the following six months: February<br />
through May and November and December. (Ex. 136 at 14; Ex. 226 and<br />
(Ex. 308 at 8-9)<br />
same industry if possible. And if not, we would try to<br />
find them a permanent job that would not be related to<br />
the trade shows, but would take them more or less out of<br />
the public eye and at that point De Pietto indicated to<br />
me that he wasn't interested in that at all.<br />
227<br />
Article XIV, Section 2(a)(1) of the <strong>IBT</strong> Constitution<br />
requires a Local to hold monthly general membership meetings<br />
except, upon membership approval, such meetings can be suspended<br />
for a three month period between June and October. Section 18(A)<br />
of the Local 714 Bylaws contains a similar provision. (Ex. 163)<br />
Article XXII, Section (2)(a) of the <strong>IBT</strong> Constitution provides that<br />
"[M)eetings of Local Union Executive Boards shall be no less<br />
frequent than meetings of the Local Union."<br />
120
253)<br />
During an <strong>IBT</strong> audit conducted at Local 714 in August<br />
1995, the auditor discussed with Secretary-Treasurer Hogan, Jr. and<br />
<strong>President</strong> Hogan the Local's failure to conduct the requisite number<br />
of meetings. (Ex. 135 at 14-15; Ex. 1 at 15-16; Ex. 289) However,<br />
despite this issue being raised in August 1995, the Local failed to<br />
hold Executive Board or membership meetings in September and<br />
October 1995 and January 1996. (Exs. 226 and 253)<br />
During his May 29, 1996 sworn examination, William Hogan,<br />
Jr. testified that Local 714 planned to hold nine meetings in 1996<br />
as the <strong>IBT</strong> Constitution requires. (Ex. 1 at 15-16) However, there<br />
was no Executive Board meeting or membership meeting in January<br />
1996. (Exs. 226 and 253) This is further evidence that, as with<br />
previous statements, the Local's claims of self-reform are empty.<br />
In addition, according to the audit records, the <strong>IBT</strong><br />
auditor advised the Local that the Local Bylaws, which the<br />
International approved in August 1973, had to be updated. (Ex. 289)<br />
However, it does not appear that the Local has taken any action to<br />
update the Bylaws since the <strong>IBT</strong> audit in August 1995. (Ex. 226 and<br />
253)<br />
IV. RECOMMENDATION<br />
Because Local 714 is not being run for the benefit of its<br />
members, it is recommended that Local 714 be placed in<br />
trusteeship.<br />
121
APPENDIX C<br />
Comparison of Wages in Trade Show/Movie .<br />
Division to Wages at Other 714 Employers<br />
The unskilled positions. in the Local's trade show/movie<br />
division are among the highest paid jobs within the Local.<br />
According to the Local employer list dated September 14, 1995,<br />
fifty-four Local employers employed forty or more Local members.<br />
(Ex. 132) 1 The positions in the trade show/movie division ranked<br />
among the higher paid positions within this group. (Ex. 160) This<br />
applied to wages for comparable work. For example, a review of the<br />
twenty-eight collective bargaining agreements which covered<br />
forklift drivers revealed that the trade show division forklift<br />
drivers were the highest paid forklift drivers in the Local and<br />
were paid $3.75 more per hour than the next highest paid forklift<br />
drivers. (Ex. 162)<br />
The highest paid positions within the Local appear to be<br />
the 447 registered pharmacists employed at American Drug<br />
Stores/Osco. (Ex. 132; Ex. 136 at 38) 2 In addition, the 3,900<br />
1<br />
Of the fifty-four employers who employed more than forty<br />
members, three were excluded based upon the job skills required to<br />
obtain the bargaining unit positions. Of the fifty-one remaining<br />
employers, two agreements covered salaried employees for which no<br />
hourly rate was provided and nine agreements could not be used<br />
because the hourly rate could not be determined from the agreement.<br />
Accordingly, forty collective bargaining agreements were used in<br />
the analysis.<br />
2<br />
In 1996, the weekly pay for the registered pharmacists was<br />
$1,210. (Ex. 159(a))<br />
1
Local members employed in the Cook County Corrections and the Cook<br />
County Sheriffs Departments were also among the higher paid<br />
positions. (Ex. 159(b) and (c); Ex. 132) Since the members at<br />
these three employers held skilled positions, their pay rate was<br />
not compared to the less skilled workers in the trade show division<br />
jobs.'<br />
The lowest paid trade show worker's hourly rate compared<br />
to the hourly rate of the highest paid workers at the other forty<br />
Local employers revealed that workers in the trade show division<br />
were among the highest paid workers in the group, including highly<br />
skilled workers with other employers. (Exs. 155, 159 and 160) 4<br />
Approximately 3,600 Local members were employed at the forty<br />
companies used in the analysis. (Exs. 132 and 160) Only three of<br />
the forty collective bargaining agreements contained workers who<br />
were paid more than the lowest paid trade show workers. (Exs. 155,<br />
159 and 160)<br />
Under the trade show division collective bargaining<br />
agreements, the forklift drivers and freight handlers are the<br />
3<br />
Robert Hogan, the business agent for the trade show<br />
division, testified that an individual does not have to have any<br />
particular skills in order to work in the Local's trade show<br />
division. (Ex. 136 at 41) Local 714 member Michael Deal also<br />
testified that as far as he knew there were no specific skills or<br />
licenses to become a member of the trade show division. Rather, he<br />
testified that, "[y]ou just have to have a strong back." (Ex. 35<br />
at 11)<br />
4<br />
In this analysis the trade show division contract was used.<br />
Local 714 members on movie productions are paid a similar hourly<br />
rate. (Ex. 1 at 37)<br />
2
lowest paid category. (Ex. 155) 5<br />
Their hourly rate in 1996 was<br />
$17.70. (Ex. 155 at 14) 6 Workers at only three of the forty<br />
employers used in the analysis were paid more than forklift drivers<br />
in the trade show division. (Ex. 160) At one of these companies,<br />
Pyramid Mouldings, the leadperson, who was the highest paid<br />
employee, was paid $18.50 per hour. (Ex. 159(d); Ex. 160) In<br />
contrast, a forklift operator at Pyramid was paid $10.64 per hour,<br />
$7.06 less than a forklift operator in the trade show division.<br />
(Ex. 159(d); Ex. 162) The other two companies, Nunc, Inc. and<br />
Elkay Manufacturing employed skilled tool and die makers who were<br />
paid hourly rates of $18.25 and $18.56 respectively. (Ex. 159(e)<br />
and (s); Ex. 160)<br />
At the other thirty-seven employers used in this analysis<br />
the highest hourly rate in the contracts ranged from $8.05 at<br />
United ReManufacturing to $17.65 at Rexam Release. (Ex. 159; Ex.<br />
160) 7 Accordingly, the lowest paid trade show workers were paid<br />
between $.05 and $9.65 more per hour than the highest paid members<br />
under the other collective bargaining agreements. (Exs. 159 and<br />
160)<br />
Moreover,<br />
the forklift operators in the trade show<br />
5<br />
For example, under the trade show collective bargaining<br />
agreement in 1996 the higher paid positions, dockmen and traffic<br />
men, stewards and chief stewards are paid $18.30, $19.25 and $22.25<br />
per hour respectively. (Ex. 155 at 14)<br />
6<br />
This rate did not include $.65 which was included in the<br />
hourly rate for the workers under the trade show contracts to<br />
compensate them for vacation time. (Ex. 155 at 14)<br />
The highest paid employee at Rexam Release was the<br />
electronics leadperson. (Ex. 159(f))<br />
3
division were paid the highest hourly rate of any forklift<br />
operators employed in the Local. (Exs. 161 and 162) The forklift<br />
drivers covered under the trade show collective bargaining<br />
agreement were paid between $4.50 and $10.75 per hour more than the<br />
other Local 714 members employed as forklift drivers. (Exs. 159,<br />
161 and 162) In addition to the trade show contracts, there were<br />
collective bargaining agreements with approximately twenty-seven<br />
other companies covering the job classification forklift or lift<br />
drivers. (Ex. 162) 8 The hourly rate for the forklift drivers in<br />
the other twenty-seven contracts ranged from a low of $6.95 per<br />
hour at Universal Metals to a high of $13.20 per hour at Metron.<br />
(Ex. 162)<br />
In addition, the weekly pension fund contributions to the<br />
Central States Pension Fund for forklift drivers covered under the<br />
trade show contract was $55 in 1996. (Ex. 155 at 14) The<br />
contributions employers make to the Central States Pension Fund<br />
for forklift drivers covered under the other contracts ranged from<br />
a low of $13 per week at Midwest Metallics to a high of $37 per<br />
week at Brockway Standard. (Exs. 159, 161 and 162) 9 As a result,<br />
under the trade show collective bargaining agreements, employer<br />
8<br />
These companies included the following twelve which employed<br />
more than forty employees: Allied Metal, Empire Galvanizing,<br />
Fullerton Metals, Feralloy, Macrotech Selastomer, Metron, Midwest<br />
Metallics, National Materials, Pyramid Mouldings, Railway<br />
Industrial Services, Brockway and Universal Metals. (Exs. 159 and<br />
162)<br />
9<br />
Ten of the Local 714 employers which employed forklift<br />
drivers made contributions to the Central States Pension Fund on<br />
behalf of employees. (Ex. 162)
contributions to the Central States Pension Fund made on behalf of<br />
the forklift drivers were between $18 and $42 more per week than<br />
the contributions for other Local 714 members employed as forklift<br />
drivers. (Ex. 162)<br />
5
EXHIBITS TO LOCAL 714 REPORT<br />
Ex. 1 Sworn Examination of William Hogan, Jr.<br />
Ex. 2 Chart of Members who Joined the Local 714 Trade Show<br />
Movie Division Subsequent to January 1993<br />
Ex. 3 Chart of Members who Held Positions of Authority in the<br />
Movie Industry<br />
Ex. 4 Chart of Members who Held Positions of Authority in the<br />
Trade Show Industry<br />
Ex. 5 Chart of 136 Trade Show/Movie Division Members<br />
Ex. 6 Sworn Examination of Anthony Aloisio<br />
Ex. 7 Sworn Examination of Guy J. Aloisio<br />
Ex. 8 Sworn Examination of Joseph Aulenta<br />
Ex. 9 Sworn Examination of Michael Ayache<br />
Ex. 10 Sworn Examination of Jack Battaglia<br />
Ex. 11 Sworn Examination of Michael Bianchi<br />
Ex. 12 Sworn Examination of Carmen Bocchieri<br />
Ex. 13 Sworn Examination of Nicholas Boscarino dated January 24,<br />
1996<br />
Ex. 14 Sworn Examination of Michael Bremer<br />
Ex. 15 Sworn Examination of Joseph Bruno<br />
Ex. 16 Sworn Examination of Michael Bruton<br />
Ex. 17 Sworn Examination of Scott Buckingham<br />
Ex. 18 Sworn Examination of Charles Burandt<br />
Ex. 19 Sworn Examination of Michael Cairo<br />
Ex. 20 Sworn Examination of Michael Casey<br />
Ex. 21 Sworn Examination of Sal Cangelosi<br />
Ex. 22 Sworn Examination of Joseph Carsello<br />
1
Ex. 23<br />
Sworn Examination of Raymond Cassatta<br />
Ex. 24<br />
Ex. 25<br />
Ex. 26<br />
Ex. 27<br />
Ex. 28<br />
Ex. 29<br />
Ex. 30<br />
Ex. 31<br />
Sworn Examination of Jack P. Cerone<br />
Sworn Examination of Philip Chiapetta<br />
Sworn Examination of Calvin Chin<br />
Sworn Examination of Victor Chin<br />
Sworn Examination of John Churley<br />
Sworn Examination of Robert Cipich<br />
Sworn Examination of Ronald Comiano<br />
Sworn Examination of Thomas Daddino<br />
Ex. 32 Sworn Examination of Richard DeAngelo dated July 12, 1994<br />
Ex. 33 Sworn Examination of Richard DeAngelo dated January 24,<br />
1996<br />
Ex. 34 Sworn Examination of Richard DeAngelo dated May 30, 1996<br />
Ex. 35<br />
Ex. 36<br />
Ex. 37<br />
Ex. 38<br />
Ex. 39<br />
Ex. 40<br />
Ex. 41<br />
Ex. 42<br />
Ex. 43<br />
Ex. 44<br />
Ex. 45<br />
Ex. 46<br />
Sworn Examination of Michael Deal<br />
Sworn Examination of Guy DeSimone<br />
Sworn Examination of Todd Dickison<br />
Sworn Examination of George DiLeonardi<br />
Sworn Examination of Brian Duellman<br />
Sworn Examination of James Duffy<br />
Sworn Examination of Salvatore English<br />
Sworn Examination of Antimo Fiore<br />
Sworn Examination of Earl Fitzner<br />
Sworn Examination of Brian Frigo<br />
Sworn Examination of Oscar Glass<br />
Sworn Examination of Harry Gnat<br />
Ex. 47<br />
Sworn Examination of Michael Hansen<br />
2
Ex. 48 Sworn Examination of John Hardy<br />
Ex. 49 Sworn Examination of Michael Hardy dated January 25, 1996<br />
Ex. 50 Sworn Examination of Michael Hardy dated May 14, 1996<br />
Ex. 51 Sworn Examination of James A. Hogan<br />
Ex. 52 Sworn Examination of James F. Hogan<br />
Ex. 53 Sworn Examination of Michael Hogan, Jr.<br />
Ex. 54 Sworn Examination of Patrick E. Hogan<br />
Ex. 55 Sworn Examination of Robert E. Hogan<br />
Ex. 56 Sworn Examination of Thomas M. Hogan<br />
Ex. 57 Sworn Examination of William Hogan, III<br />
Ex. 58 Sworn Examination of George Jacob<br />
Ex. 59 Sworn Examination of Terence Johnson<br />
Ex. 60 Sworn Examination of Darnell Jones<br />
Ex. 61 Sworn Examination of Carl Kachold<br />
Ex. 62 Sworn Examination of Robert Kulak<br />
Ex. 63 Sworn Examination of Thaddeus Larkowski<br />
Ex. 64 Sworn Examination of John Leithleiter<br />
Ex. 65 Sworn Examination of George Lemke<br />
Ex. 66 Sworn Examination of Earl Lent, Jr.<br />
Ex. 67 Sworn Examination of Anthony Lizio<br />
Ex. 68 Sworn Examination of Louis Lomeli<br />
Ex. 69 Sworn Examination of James Lonergan<br />
Ex. 70 Sworn Examination of Patrick Lynn<br />
Ex. 71 Sworn Examination of John Maioni<br />
Ex. 72 Sworn Examination of Mark Majcher<br />
Ex. 73 Sworn Examination of Frank Mandziara
Ex. 74 Sworn Examination of Douglas Marcinek<br />
Ex. 75 Sworn Examination of James Marts<br />
Ex. 76 Sworn Examination of Joseph F. Martucci<br />
Ex. 77 Sworn Examination of Lawrence Matesi<br />
Ex. 78 Sworn Examination of Daniel Maxwell<br />
Ex. 79 Sworn Examination of Kevin Maxwell<br />
Ex. 80 Sworn Examination of Timothy Maxwell<br />
Ex. 81 Sworn Examination of John McAuliffe<br />
Ex. 82 Sworn Examination of John McCarron<br />
Ex. 83 Sworn Examination of Patrick McGowean<br />
Ex. 84 Sworn Examination of Dennis McNamara<br />
Ex. 85 Sworn Examination of Terence Murphy<br />
Ex. 86 Sworn Examination of Patrick Nallon<br />
Ex. 87 Sworn Examination of Michael Nallon<br />
Ex. 88 Sworn Examination of William Novelli<br />
Ex. 89 Sworn Examination of Thomas O'Malley<br />
Ex. 90 Sworn Examination of Martin Oppenhauser<br />
Ex. 91 Sworn Examination of Kenneth Oppenhauser<br />
Ex. 92 Sworn Examination of Armand Paoletti<br />
Ex. 93 Sworn Examination of Joseph Paoletti<br />
Ex. 94 Sworn Examination of Anthony Perna<br />
Ex. 95 Sworn Examination of John Piscatelli<br />
Ex. 96 Sworn Examination of Dean Polachek<br />
Ex. 97 Sworn Examination of Joseph Polizzi<br />
Ex. 98 Sworn Examination of Michael Presto<br />
Ex. 99 Sworn Examination of Darren Reid<br />
4
Ex. 100 Sworn Examination of Edward Riley<br />
Ex. 101 Sworn Examination of Thomas Rosen<br />
Ex. 102 Sworn Examination of Andres Ruiz<br />
Ex. 103 Sworn Examination of John Schaul<br />
Ex. 104 Sworn Examination of Charles Serpe<br />
Ex. 105 Sworn Examination of Vincent Siciliano<br />
Ex. 106 Sworn Examination of Casey Skelton<br />
Ex. 107 Sworn Examination of Aubrey Lee Smith<br />
Ex. 108 Sworn Examination of Dennis Smith<br />
Ex. 109 Sworn Examination of Edward Smith Jr.<br />
Ex. 110 Sworn Examination of John A. Smith<br />
Ex. 111 Sworn Examination of Nicholas Swaitek<br />
Ex. 112 Sworn Examination of Terrance Sweet<br />
Ex. 113 Sworn Examination of Bruce Talaber<br />
Ex. 114 Sworn Examination of Charles Toribio, Jr.<br />
Ex. 115 Sworn Examination of Dale Torii<br />
Ex. 116 Sworn Examination of Michael Vendafreddo, Jr.<br />
Ex. 117 Sworn Examination of Dean Volpe<br />
Ex. 118 Sworn Examination of Robert Voss<br />
Ex. 119 Sworn Examination of Michael Ward<br />
Ex. 120 Sworn Examination of Michael White<br />
Ex. 121 Sworn Examination of Spero Zappas<br />
Ex. 122 Sworn Examination of Gary Zarris<br />
Ex. 123 Sworn Examination of Michael Zebell<br />
Ex. 124 May 30, 1996 Resignation Letter of Nicholas Boscarino<br />
Ex. 125 Nicholas Boscarino's Withdrawal Card
Ex. 126<br />
Ex. 127<br />
Record of Proceedings Regarding Nick Boscarino dated<br />
May 30, 1996<br />
June 7, 1996 IRB Report Recommending Charges against<br />
Brian and Sheldon Weinberg<br />
Ex. 128 Local 714 Collective Bargaining Agreement with<br />
Consolidated Film Delivery<br />
Ex. 129<br />
Ex. 130<br />
May 27, 1996 Report of Investigation By Gerry Miller,<br />
Esq.<br />
Minutes of June 18, 1996 Local 714 Executive Board<br />
Meeting<br />
Ex. 131 Form LM-2s Local 714 filed from 1975 through 1994<br />
Ex. 132 Local 714 Employer List dated September 14, 1995<br />
Ex. 133<br />
Ex. 134<br />
Ex. 135<br />
Ex. 136<br />
Ex. 137<br />
Ex. 138<br />
Ex. 139<br />
Ex. 140<br />
Ex. 141<br />
Ex. 142<br />
Ex. 143<br />
Ex. 144<br />
Ex. 145<br />
January 1996 Local 714 Trade Show/Movie Membership<br />
List<br />
List of Twenty-two Relatives of William Hogan, Jr. who<br />
are Local 714 Members<br />
Sworn Examination of James M. Hogan<br />
Sworn Examination of Robert Hogan<br />
Sworn Examination of Marshall Arrington<br />
Sworn Examination of Robert Riley<br />
Sworn Examination of Virginia Lee<br />
Sworn Examination of Michael Vendafreddo, Sr.<br />
Sworn Examination of Joseph L. Martucci<br />
1995 Wage and Expense Journal for Joseph L. Martucci<br />
Sworn Examination of Genaro Rodriguez<br />
Sworn Examination of Lizette Alonso<br />
Memorandum of Special Investigator Michael Campbell<br />
regarding the Local 714 Charter<br />
Ex. 146 Sworn Examination of William Hogan, Sr. dated June 21,<br />
1977<br />
6
Ex. 147 Executive Board and general membership minutes Reflecting<br />
William Hogan, Sr.'s Retirement<br />
Ex. 148 1995 Wage and Expense Records for William Hogan, Jr.<br />
Ex. 149 Excerpt from Local 714 Membership List dated January 1996<br />
regarding William Hogan, Jr.<br />
Ex. 150 Sworn Examination of Brian Hogan<br />
Ex. 151 1990 Wage and Expense Records for Delores Voss<br />
Ex. 152 1989 and 1990 Wage and Expense Records for Eileen Nallon<br />
Ex. 153 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State for Exhibition Maintenance<br />
Ex. 154 Newspaper Reports<br />
a. UMI, September 1990<br />
b. New York Times, May 29, 1994<br />
c. Chicago Tribune, August 21, 1991<br />
d. Newsday, April 3, 1995<br />
Ex. 155 Local 714's Current Collective Bargaining Agreement with<br />
Freeman Decorating<br />
Ex. 156 Local 714's Current Collective Bargaining Agreement with<br />
Rosemont Exposition Services<br />
Ex. 157 Local 714's Current Collective Bargaining Agreement with<br />
Greyhound Exposition Services<br />
Ex. 158 Local 714's Current Collective Bargaining Agreement with<br />
J&J Exhibitors Services<br />
Ex. 159 Local 714's Collective Bargaining Agreements with the<br />
Following Employers Which Employ More than Forty Members:<br />
a. American Drug Stores/Osco<br />
b. Cook County Corrections<br />
c. Cook County Sheriffs<br />
d. Pyramid Mouldings<br />
e. Nunc, Inc.<br />
f. Rexam Release<br />
g. United ReManufacturing<br />
h. Allied Die Casting<br />
i . Allied Metal<br />
j. Blakeslee Inc<br />
k. Brockway Standard<br />
1. CDS Midwest<br />
m. Century Steel<br />
7
n. Copper & Brass Sales<br />
o. Corey Steel<br />
p. Cozzi Iron<br />
q. Cutler Industries<br />
r. Ecko Hardwares<br />
s. Elkay Manufacturing<br />
t. Empire Galvanizing<br />
u. Foxmeyer Drug<br />
v. Fullerton Metals<br />
w. Gooch Foods Inc<br />
x Harris Steel<br />
y. Feralloy Corp<br />
z. Jorgensen/Kilsby<br />
aa. Lamination Specialties<br />
bb. Macrotech/Selastomer<br />
cc. Metron Steel<br />
dd. Metropolitan Pier<br />
ee. Midwest Metallics<br />
ff. National Lamination<br />
gg. National Material<br />
hh. Northeastern University<br />
ii. Parkview Metals Products<br />
jj. Polyblend<br />
kk. Railway Industrial Services<br />
11. Reserve Iron<br />
mm. Taubenese<br />
nn. Triumph Industries<br />
oo. Middleby Marshall<br />
pp Universal Metals<br />
qq. Welded Tube<br />
Ex. 160 Chart Comparing Trade Show Division Collective Bargaining<br />
Agreement with Forty Other Local 714 Contracts<br />
Ex. 161 Local 714's Collective Bargaining Agreements with the<br />
Following Employers Which Employ Forklift or Lift<br />
Operators:<br />
a. Keywell Chicago<br />
b. Dockside/Emesco<br />
c. Feinberg Scrap<br />
d. Kinsburg Iron<br />
e. Berlin Metal<br />
f. Block Steel Corporation<br />
g. Doppelt Iron & Metal<br />
h. Dynamic Container Company<br />
i. H. H. Howard<br />
j. Mandel Metals<br />
k. Public Iron & Metal<br />
1. Packaging Design<br />
m. Charter Steel<br />
n. B.L. Nickelson<br />
8
o. Sloan Metal<br />
p. Samson Roll Formed Products<br />
Ex. 162 Chart Comparing Trade Show Division Collective Bargaining<br />
Agreement with Other Local 714 Contracts Covering<br />
Forklift or Lift Operators<br />
Ex. 163 Local 714 Bylaws<br />
Ex. 164 Dues Printout for Michael Hogan, Sr.<br />
Ex. 165 May 3, 1996 Letter from Marvin Sacks, Esq.<br />
Ex. 166 April 1996 Alphabetical List of Members in Trade<br />
Show/Movie Division<br />
Ex. 167 April 1996 Alphabetical List of Extras in Trade<br />
Show/Movie Division<br />
Ex. 168 September 21, 1995 Letter from Marvin Sacks, Esq.<br />
Ex. 169 IRB Report Regarding Joseph E. Hogan<br />
Ex. 170 Local 714 Executive Board decision dated June 4, 1996<br />
regarding Joseph E. Hogan<br />
Ex. 171 Titan Dues Printout for Charles W. Miller<br />
Ex. 172 Memorandum of Special Investigator Michael Campbell<br />
regarding Charles W. Miller<br />
Ex. 173 Excerpt from June 7,1995 Membership List regarding<br />
Charles W. Miller<br />
Ex. 174 January 3, 1996 Notice of Sworn Examination to Charles W.<br />
Miller<br />
Ex. 175 January 10, 1996 Letter to Donald Bertelle, Esq.<br />
Ex. 176 January 11, 1996 Letter to William Hogan, Jr. regarding<br />
Charles W. Miller<br />
Ex. 177 January 18, 1996 Affidavit of Charles W. Miller and cover<br />
letter from Marvin Sacks, Esq.<br />
Ex. 178 February 1, 1996 Letter from Local 714's Counsel and<br />
Secretary-Treasurer William Hogan, Jr.'s affidavit<br />
regarding Charles W. Miller<br />
Ex. 179 Chart of Average Salary for Members in Positions of<br />
Authority in the Movie Industry<br />
9
Ex. 180 May 28, 1996 IRB Report Regarding Rocco D'Ambrosio<br />
Ex. 181 Sworn Examination of John Gilmore<br />
Ex. 182 Minutes of November 5, 1995 Nominations Meeting<br />
Ex. 183 Sign-in Sheets for November 5, 1995 Nominations Meeting<br />
Ex. 184 Schedule of Members in Attendance at November 5, 1995<br />
Nominations Meeting<br />
Ex. 185 Complaint in MCM Partners v. Boscarino et al, 92 C 2621<br />
Ex. 186 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Show Services<br />
Ex. 187 Certificate of Dissolution for Show Services<br />
Ex. 188 Local 714 Records Reflecting Payments to Nick Boscarino<br />
between September 1986 and August 1988<br />
Ex. 189 Newpaper Article May 5, 1989<br />
Ex. 190 1979 Incorporation Papers and Annual Reports Records from<br />
Illinois Secretary of State regarding Rosemont Exposition<br />
Services<br />
Ex. 191 Nexus record of Illinois Secretary of State corporate<br />
filings regarding Maxron Corp<br />
Ex. 192 Article of Amendment dated May 7, 1985 where the name of<br />
Rosemont Exposition Services was changed to MPH<br />
Enterprises, Inc.<br />
Ex. 193 Annual Reports from Illinois Secretary of State regarding<br />
MPH Enterprises<br />
Ex. 194 Certificate of Dissolution for MPH Enterprises<br />
Ex. 195 1985 Incorporation Papers and Annual Reports Records from<br />
Illinois Secretary of State regarding Rosemont Exposition<br />
Services [Rosemont II]<br />
Ex. 196 Article of Amendment dated January 19, 1990 where the<br />
name of Rosemont Exposition Services [Rosemont II] was<br />
changed to DHGB Ltd.<br />
Ex. 197 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Bomark Cleaning Services<br />
Ex. 198 October 1, 1990 Certificate of Dissolution for DHGB Ltd.<br />
10
Ex. 199 December 29, 1988 Incorporation Papers and Annual Reports<br />
from Illinois Secretary of State for O'Hare Exposition<br />
Services<br />
Ex. 200 Article of Amendment dated January 19, 1990 where the<br />
name of O'Hare Exposition Services was changed to<br />
Rosemont Exposition Services [Rosemont III]<br />
Ex. 201 Newspaper Article from Chicago Tribune dated May 27, 1990<br />
Ex. 202 Annual Reports from Illinois Secretary of State for<br />
Rosemont Exposition Services [Rosemont III]<br />
Ex. 203 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State for 0 & M Forklift Services<br />
Ex. 204 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Battle Promotions<br />
Ex. 205 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding O'Hare Exposition<br />
Maintenance<br />
Ex. 206 Certificate of Dissolution for O'Hare Exposition<br />
Maintenance<br />
Ex. 207 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding OG Services<br />
Ex. 208 March 2, 1992 Certificate of Dissolution and June 3, 1992<br />
Reinstatement Regarding OG Services from Illinois<br />
Secretary of State<br />
Ex. 209 Complaint in MCM Partners v. Boscarino et al, 92 C 5641<br />
Ex. 210 Local 714 Collective Bargaining Agreement with Andrews<br />
Bartlett<br />
Ex. 211 Docket Sheet in MCM Partners v. Boscarino et al, 92 C<br />
5641<br />
Ex. 212 Incorporation Papers from Illinois Secretary of State<br />
regarding NSB Equipment Rentals<br />
Ex. 213 March 15, 1994 Amendment to Corporate Articles changing<br />
name of NSB Equipment Rentals to OG Services<br />
Ex. 214 March 15, 1994 Amendment to Corporate Articles changing<br />
name of OG Services to NSB Equipment Rentals<br />
11
Ex. 215 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Angles on Design<br />
Ex. 216 Excerpts from Local 714 Cash Disbursements Journal<br />
Regarding Purchases from Angles on Design<br />
Ex. 217 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Premier Fuel and Cartage<br />
Ex. 218 Local 714 Collective Bargaining Agreement with Premier<br />
Fuel and Cartage<br />
Ex. 219 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding American Trade Show Services<br />
Ex. 220 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Eastern Services<br />
Ex. 221 Certificate of Dissolution for Eastern Services<br />
Ex. 222 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding American Show Services<br />
Ex. 223 NEXIS Record regarding American Trade Show Services<br />
Ex. 224 July 1995 Form American Trade Show Services filed with<br />
the Illinois Secretary of State changing its registered<br />
office<br />
Ex. 225 NEXIS Record regarding New York Corporate Filings<br />
concerning Eastern Rentals<br />
Ex. 226 Local 714 Membership Meeting Minutes from 1985 through<br />
1996<br />
Ex. 227 Local 714's Collective Bargaining Agreement with Freeman<br />
Decorating for 1991 through 1993<br />
Ex. 228 Local 714's Collective Bargaining Agreement with Rosemont<br />
Exposition Services for 1991 through 1993<br />
Ex. 229 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Empties<br />
Ex. 230 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Convention Cartage Systems<br />
Ex. 231 Local 714's Collective Bargaining Agreement with<br />
Convention Cartage Systems<br />
Ex. 232 Complaint in Local 714 Health Fund v. Convention Cartage<br />
Systems, 96 CV 2732<br />
12
Ex. 233 Titan Dues Printout of Ronald E. Maxwell, Jr.<br />
Ex. 234 Excerpt from Local 714 Membership List regarding Brian<br />
and Sheldon Weinberg<br />
Ex. 235 Memorandum of Special Investigator Michael Campbell<br />
regarding Telephone Listing for S & J Scrap<br />
Ex. 236 February 23, 1996 Statement for Record regarding Brian<br />
Weinberg<br />
Ex. 237 February 23, 1996 Statement for Record regarding Sheldon<br />
Weinberg<br />
Ex. 238 Employer list Local 714 furnished to the Chief<br />
Investigator in response to a March 31, 1994 request<br />
Ex. 239 Local 714 Employer List dated August 30, 1991<br />
Ex. 240 Letters dated February 14, 1996 and April 25, 1996 from<br />
the Chief Investigator's office to Local 714<br />
Ex. 241 List of Records Requested During Books and Records<br />
Examination at Local 714 in December 1995<br />
Ex. 242 Titan Dues Printout for Brian Weinberg<br />
Ex. 243 Titan Dues Printout for Sheldon Weinberg<br />
Ex. 244 Unsigned Collective Bargaining Agreement with S &J Scrap<br />
Ex. 245 Contract on File Lists from October 1994 to the present<br />
Ex. 246 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Wayne Motors<br />
Ex. 247 Excerpt from Local 714 August 30, 1995 membership list<br />
regarding Sheldon Weinberg<br />
Ex. 248 <strong>IBT</strong> Titan list of employers with contracts with Local 714<br />
as of July 5, 1995<br />
Ex. 249 Sworn Examination of Vernon Stoub<br />
Ex. 250 Local 714 Current Collective Bargaining Agreement with<br />
Standard Cartage<br />
Ex. 251 Docket Sheet in Local 714 Health Fund v. Convention<br />
Cartage Systems, 96 CV 2732<br />
Ex. 252 Excerpt from March 31, 1994 Local 714 Membership List<br />
regarding Ronald Maxwell<br />
13
Ex. 253 Local 714 Executive Board Meeting Minutes from 1984<br />
through 1996<br />
Ex. 254 Local 714's Current Collective Bargaining Agreement with<br />
J&J Motor Service<br />
Ex. 255 Federal Tax Lien regarding Convention Cartage<br />
Ex. 256 Sworn Examination of Harry Connor<br />
Ex. 257 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding First Class Furnishings<br />
Ex. 258 NEXIS Record regarding Convention Cartage<br />
Ex. 259 NEXIS Record regarding Consolidated Film Delivery<br />
Ex. 260 Excerpt from January 1996 membership list for Richard<br />
McLaughlin and Titan Dues Printout for Richard McLaughlin<br />
Ex. 261 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Show Biz Chicago<br />
Ex. 262 Complaint in Central States Pension Fund v. Premier Fuel<br />
and Cartage<br />
Ex. 263 Sworn Examination of Jeffrey Rizzi<br />
Ex. 264 Sworn Examination of Jason Richko<br />
Ex. 265 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Movies in Motion<br />
Ex. 266 Incorporation Papers from Illinois Secretary of State<br />
regarding Shore Enterprises<br />
Ex. 267 Certificate of Dissolution for Shore Enterprises dated<br />
December 1, 1993<br />
Ex. 268 Excerpt from June 7,1995 Membership List regarding<br />
Salvatore Galioto and Titan Dues Printout for Galioto<br />
Ex. 269 Newspaper Articles regarding United Studio Center<br />
Ex. 270 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding United Studio Center<br />
Ex. 271 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding SJB Rentals<br />
Ex. 272 Form LM-30 James M. Hogan filed for 1993 regarding SJB<br />
Rentals<br />
14
Ex. 273 Form LM-30 James M. Hogan filed for 1994 regarding SJB<br />
Rentals<br />
Ex. 274 Form LM-30 James M. Hogan filed for 1995 regarding SJB<br />
Rentals<br />
Ex. 275 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding H & M Rentals<br />
Ex. 276 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Art's RV Sewer and Septic<br />
Ex. 277 Certificate of Dissolution for Art's RV Sewer and Septic<br />
Ex. 278 Form LM-30 James M. Hogan filed for 1993 regarding Art's<br />
RV Sewer and Septic<br />
Ex. 279 Form LM-30 James M. Hogan filed for 1994 regarding Art's<br />
RV Sewer and Septic<br />
Ex. 280 Form LM-30 James M. Hogan filed for 1995 regarding Art's<br />
RV Sewer and Septic<br />
Ex. 281 Excerpts from Local 714 Membership List regarding Michael<br />
Maxwell<br />
Ex. 282 NEXIS Record regarding Max-Wasch, Inc.<br />
Ex. 283 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Trade Show Rentals<br />
Ex. 284 June 24, 1996 Letter from Marvin Sacks, Esq.<br />
Ex. 285 Newpaper Articles<br />
a. Chicago News, July 16, 1973<br />
b. Chicago Tribune, August 1, 1974<br />
c. Chicago Tribune, September 16, 1974<br />
d. Chicago Tribune, November 25, 1974<br />
Ex. 286 Newspaper Articles<br />
a. Chicago American, April 19, 1966<br />
b.<br />
c.<br />
Chicago American, April 20, 1966<br />
Chicago Sun Times, April 20, 1966<br />
Ex. 287 February 20, 1996 Letter from Marvin Sacks, Esq.<br />
Ex. 288 Dues Printout for Michael J. Nallen<br />
Ex. 289 Records of 1995 <strong>IBT</strong> Audit at Local 714<br />
15
Ex. 290 Listing of Two members employed at Consolidated Film<br />
Delivery<br />
Ex. 291 Excerpt from Cash Disbursement Journal regarding Reicin<br />
& Pollack and Cover Page to 1995 Auditor's Report<br />
Ex. 292 Schedule comparing J & J Motors Service contract to<br />
Convention Cartage Systems and Premier Fuel & Cartage Co.<br />
Ex. 293 Local 714 v. Madden, 343 F.2d 497 (7th Cir. 1965)<br />
Ex. 294 Exhibits Used During January 1996 Sworn Examinations<br />
Ex. 295 Exhibits Used During February 1996 Sworn Examinations<br />
Ex. 296 Exhibits Used During March 1996 Sworn Examinations<br />
Ex. 297 Exhibits Used During April 1996 Sworn Examinations<br />
Ex. 298 Exhibits Used During May 20-22, 1996 Sworn Examinations<br />
Ex. 299 Exhibits Used During May 30, 1996 Sworn Examinations<br />
Ex. 300 Excerpt from Local 714 membership list regarding Patrick<br />
Hogan<br />
Ex. 301 February 7, 1996 Letter from Marvin Sacks, Esq.<br />
Ex. 302 July 9, 1996 Letter from Gerry Miller to Secretary-<br />
Treasurer William Hogan<br />
Ex. 303 Sworn Examination of David Kaminsky<br />
Ex. 304 August 18, 1994 Letter from Gerry Miller<br />
Ex. 305 Collective Bargaining Agreement with Champion Exhibition<br />
Services<br />
Ex. 306 Incorporation Papers and Annual Reports from Illinois<br />
Secretary of State regarding Table Rental and Accessories<br />
Ex. 307 Sworn Examination of Gerald Mundt<br />
Ex. 308 Sworn Examination of William Hogan, Jr. dated June 21,<br />
1977<br />
Ex. 309 August 27, 1993 Minute Order in MCM v. Boscarino, 92 C<br />
2621, United States District Court for the Northern<br />
District of Illinois<br />
16
Ex. 310 Local 714 Executive Board Decision regarding Brian and<br />
Sheldon Weinberg<br />
Ex. 311 Local 714 Executive Board Decision regarding Rocco<br />
D'Ambrosio<br />
17