TO: IBT General President Ron Carey FROM: Members of the Independent Review Board RE: Proposed Charges Against Local 398 Member David F. Valerio DATE: November 13, 1996
I. RECOMMENDATION The Independent Review Board refers the below report to the General President for the purpose of initiating charges against Local 398 member David F. Valerio for both bringing reproach upon the IBT and violating Paragraph E(10) of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.)/ bY knowingly associating with former Local 398 President and Business Agent John Trivigno ("Trivigno"), after Trivigno was barred from all union activity for associating with members of organized crime.
II. INVESTIGATIVE FINDINGS A. Background Local 398 is located in Rochester, New York, and has approximately 500 members, most of whom work in the construction industry. David F. Valerio ("Valerio") has been a member of the IBT for 28 years. (Ex. 1 at 3) Valerio has worked as a driver for several Local 398 employers. (Id. at 4) He has been Shop Steward at different Local 398 employers. (Id.) Valerio last worked as a driver for Spinello Construction but was recently laid-off at the end of September 1996. (Id. at 5) On May 24, 1991, the Investigations Officer charged then Local 398 President John Trivigno ("Trivigno"), with knowingly associating with members of the Rochester LCN Family. (Ex. 2) Following a hearing, on March 12, 1992, the Independent Administrator issued a decision finding that, for nearly two decades, Trivigno had knowingly associated with seven Rochester organized crime members: John Fiorino1, Richard Marino, Joseph Rossi, Joseph Trieste, Joseph LoDolce, Anthony Oliveri, and Joseph Geniola. (Ex. 3; see Ex. 4) Trivigno was permanently removed from the IBT2. (Ex. 3 at 27-29) On April 27, 1992, the Honorable David N. Edelstein, U.S.D.J., issued a written opinion affirming in its entirety the Independent Administrator's decision concerning Trivigno, including sanction. United States v. IBT. 791 F. Supp. 421 (S.D.N.Y. 1992) The charges, the
1 Fiorino was murdered in December 1981. (Ex. 3 at 6) Fiorino's shooting was allegedly related to a conflict between rival organized crime factions in Rochester. (Id.; Ex. 4 at 2 0-21) Trivigno was not the first Local 398 official removed from the IBT for association with organized crime. On July 25, 1990, then Local 398 Vice-President and Business Agent, Angelo Misuraca ("Misuraca") was charged with associating with Rochester organized crime member Angelo Amico ("Amico"). (Ex. 5) Amico was listed in 1987 in the Report of the United States Senate's Permanent Subcommittee on Investigations as the Acting Boss of Rochester La Cosa Nostra. (Ex.6; see Ex. 7 at 12-13) Following a hearing, the Independent Administrator found on March 6, 1991, that the Investigations Officer had proven that Misuraca had associated with organized crime member Amico. (Ex. 8) The Independent Administrator's decision concerning Misuraca was affirmed by the Honorable David N. Edelstein on July 16, 1991. (Ex. 9) Among the evidence of Misuraca's association with Amico was a tape recording of a telephone conversation in which Amico directed Misuraca how to assign and appoint people to Local 398 jobs. (Id. at 4) Trivigno replaced Misuraca as Local 398 Vice-President and Business Representative. (Ex. 10 at 11-12)
2 Independent Administrator's decision and Judge Edelstein's Order were all reported in the Teamster magazine. (Exs. 11-13)
B. Valerio's Contacts with Trivigno Valerio and Trivigno have a long-standing friendship, having gone to elementary school together. (Ex. 1 at 5) Valerio testified that on a few occasions approximately two to three years ago, he and John Trivigno and other friends3 bow hunted for deer together near Bristol, New York. (Id. at 25-27) The hunting trips were planned in advance. fid, at 26) Valerio and the others left early in the morning and the trips lasted all day. (Id.) Valerio said that he and Trivigno would drive to Bristol together. (Id.) Valerio admitted that he and Trivigno hunted together after Trivigno's removal from the IBT. (Id. at 27) Valerio's social relationship with Trivigno continued to the present time. In the summer of 1996, he received a written invitation to attend a Baptism celebration for Trivigno's
The hunting trips also included Joseph Trieste ("Trieste") and current Local 398 member Raymond Parise. Trieste was one of the seven organized crime members who Trivigno was found to have associated with. (See supra at 2) The finding that Trieste was an organized crime member was based on the testimony of FBI Special Agent Robert Ulmer which two self-admitted organized crime members corroborated. (Ex. 3). Organized crime member Anthony Oliveri testified in United States v. Samuel J. Russoti. et al.. 82 Cr. 156 (W.D.N.Y. 1984) that Trieste worked in the crew of La Cosa Nostra captain Thomas Marrotta. (Ex. 3; Ex. 14) Dominic Taddeo, another self-admitted Rochester LCN member told the FBI in May 1990 that Trieste attended a January 1987 meeting Taddeo organized for certain made members of the Rochester LCN Family. (Ex. 3; Ex. 15) Taddeo told the FBI that Rochester Family Boss Amico attended the meeting. (Id.)
3 child. (Ex. 1 at 20) The party, which Valerio attended, was held at Trivigno's future mother-in-law's house. (Id. at 19) Valerio also testified that he cooked the food for the approximately 35 people at the party.4 (Id. at 19) Even after Trivigno's bar, Valerio's association with him at times also related to union affairs. In August 199 6, Local 398 Secretary-Treasurer Charles Ross ("Ross") organized several informational pickets of a construction contracting company, Crane Hogan, which had refused to use Teamsters on a project it won in 1996 to build roads in the Rochester area. (Ex. 16 at 112, 114-15) Valerio said Ross and President Corinne Lippa ("Lippa") called and asked him to attend the picketing. (Ex. 1 at 10) Valerio went to the picketing in Brockport, New York, at the company owner's house5. (Id. at 9) He advised that Local 398 President Corinne Lippa, Secretary-Treasurer Ross, Trivigno, and Local 398 member Raymond Parise were all at that demonstration. (Id. at 10) Valerio testified that he picked up
4 Valerio testified that Local 398 Secretary-Treasurer Charles Ross and Local 398 member Raymond Parise were also at the celebration. (Ex. 1 at 20) On October 14, 1996, the IRB recommended that Ross be charged with purposefully associating with Trivigno after Trivigno's bar from the Teamsters. (Ex. 17)
5 Valerio identified the location of the picketing as Spencerport, New York. (Ex. 1 at 9) However, based upon information developed in depositions of the other Local 3 98 officials and members who picketed, it is apparent that Valerio was referring to the picketing that took place in the late summer of 1996 in Brockport, New York outside the Crane Hogan owner's house. Ex. 18 at 81-82) For example, Lippa testified that she attended only the Brockport picketing and she said that Valerio was there. (IdJ
4 Trivigno on the morning of the picketing and they drove to the meeting place and the picketing together. (Id. at 10) Valerio called Trivigno in advance to make those arrangements. fid.) Before they drove to Brockport, the group met at a Rochester area Perkins Restaurant. (Id. at 11) According to Valerio, after the one to two hour demonstration, the group (including Trivigno and Valerio) left Brockport and met again at the same Perkins Restaurant to eat breakfast together. fid, at 12) Valerio testified that he last worked with Trivigno during 1996 at Local 398 employer Spinello Construction ("Spinello11) .6 (Ex. 1 at 5) Valerio said that he and Trivigno were the only drivers Spinello employed at the time7, fid, at 4- 5) Trivigno's removal from the union was notorious. The charge against Trivigno was published in the July/August 1991 issue of the Teamster magazine.8 (Ex. 11) Valerio testified that he learned that Trivigno was removed from the IBT at Local
6 Valerio testified that in both 1995, while Spinello's shop steward, and again in 1996, his supervisor at Spinello told him to get another driver. (Id. at 7-8) On both occasions when Valerio called the Local 398 union hall for a driver, they sent Trivigno. (Id.) Although Valerio could not specifically recall who he spoke to on those occasions he believed that it was either Ross or Lippa. (Ex. 1 at 8)
Valerio's testimony revealed that he believes Trivigno is still a Teamster. When asked who was the other Teamster driver at Spinello in the summer of 1996, Valerio answered, "the other Teamster was John Trivigno." (Ex. 1 at 4-5) 8 Although Valerio testified that he receives the magazine, he did not believe he read about Trivigno's bar. (Ex. 1 at 6)
5 398's union meetings. (Ex. 1 at 6) In addition, in view of Valerio's close relationship with Trivigno and the small size of the Local, an inference can be drawn that Valerio knew of Trivigno's bar from the IBT. Paragraph E(10) of the Consent Decree enjoined IBT members from knowingly associating with any person, such as Trivigno, who had been enjoined from participating in union affairs. Members in other Locals have been found liable for similar conduct. (Exs. 19-23) In 1995, for example, then Local 282 members Dominick Carraciola, Ralph Ferreri, Dominick Guidice, Ronald Forino and Pasquale Ventimiglia were each charged with bringing reproach upon the IBT and violating Paragraph E(10) of the Consent Decree when they visited Local 282 President Robert Sasso ("Sasso") in federal prison, (where he was serving a forty- one month sentence for labor racketeering), after Sasso had permanently resigned from the IBT and all IBT positions in the face of the Investigations Officer's charge that Sasso had knowingly associated with organized crime members. (Id.; Exs. 2 4 and 25) Each man was barred for life from IBT membership for associating with Sasso.9 (Exs. 26-28) Similarly, in United States v. IBT TSimpsonl. 931 F. Supp. 1074, passim (S.D.N.Y. 1996) and United States v. IBT fYontek]. 838 F. Supp. 800 (S.D.N.Y. 1993), affjd, 14 F.3d 183 (2d Cir. 1994), union members
Although Guidice and Forino initially received less than lifetime bars from the IBT, the decision was reconsidered and lifetime bars were imposed. (Exs. 27 and 28)
6 have been found liable for associating with prohibited persons. Accordingly, it appears that Valerio brought reproach upon the IBT by knowingly associating with Trivigno in violation of the Consent Decree when he continued to have knowing and purposeful association with Trivigno, including contact related to union business, after Trivigno had been enjoined from participating in union affairs as a result of his association with Rochester organized crime.
IV. PROPOSED CHARGES Based upon the foregoing, it is recommended that Valerio be charged as follows: While a member of Local 398, you brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) of the IBT Constitution, to wit: While a member of Local 398, you knowingly associated with John Trivigno after he was permanently barred from all IBT positions including IBT membership through, among other things, having purposeful social contact with Trivigno including, but not limited to, visiting his home for a party during the summer of 1996, bringing him to a Local 398 informational picket of an employer representative's home in August 1996, and hunting with Trivigno on more than one occasion in or about 1993 and 1994. In addition, by knowingly associating with John Trivigno after he was permanently barred from the IBT and all IBT positions you violated Paragraph E(10) of the March 14, 1989
7 Consent Decree entered in United States v. IBT. 88 Civ. 448 6 (S.D.N.Y.), by which you and all other IBT members were enjoined from knowingly associating with a barred person such as Trivigno.
8 EXHIBIT LIST TO REPORT CONCERNING LOCAL 398 MEMBER DAVID F. VALERIO _
Ex. 1 Transcript of the November 1, 1996 Sworn Examination of David F. Valerio Ex. 2 Investigations Officer's May 21, 1991 Charge Against John M. Trivigno Ex. 3 March 12, 1992 Decision of the Independent Administrator Concerning John Trivigno Ex. 4 August 28, 1991 Declaration of Special Agent Robert D. Ulmer Concerning John Trivigno Ex. 5 Investigations Officer's July 25, 1990 Charge Against Angelo Misuraca Ex. 6 Excerpt from Report of Hearings Before the United States Senate Permanent Subcommittee on Investigations. Ex. 7 November 7, 1990 Declaration of FBI Special Agent Robert D. Ulmer Concerning Angelo Misuraca Ex. 8 Independent Administrator's March 6, 1991 Decision Concerning Angelo Misuraca Ex. 9 July 16, 1991 Memorandum and Order in re: Application XXIV of the Independent Administrator in United States v. IBT. 88 Civ. 4486, Concerning Angelo Misuraca Ex. 10 October 2, 1990 Transcript of the Sworn Oral Examination of John Trivigno Ex. 11 July/August 1991 Teamster excerpt Concerning Trivigno Charge Ex. 12 April/May 1992 Teamster excerpt re: Independent Administrators Decision Concerning Trivigno Ex. 13 June/July 1992 Teamster excerpt Concerning Honorable David N. Edelstein's Decision Regarding Trivigno Ex. 14 Transcript of the Testimony of Anthony Oliveri in United States v. Russotti. et al.. 82 Cr. 156 (W.D.N.Y. 1984) Ex. 15 Form FD-302 of FBI Speical Agent Anthony Mark Morelli Regarding a May 1990 Interview with Dominic Taddeo
9 Transcript of the September 19, 1996 Sworn Examination of Charles Ross IRB Proposed Charges Concerning Charles Ross dated October 14, 1996 Transcript of the September 19, 1996 Sworn Examination of Corinne Lippa IRB's Charge Against Caracciolo IRB's Charge Against Ferreri IRB's Charge Against Guidice IRB's Charge Against Forino IRB's Charge Against Ventimiglia Investigations Officer's Charges Against Robert Sasso Affidavit and Agreement of Robert Sasso General President Ronald Carey's Decision Concerning Caracciola, Ferreri, Guidice, Forino and Ventimiglia Correspondence Concerning Guidice's Sanction Correspondence Concerning Forino's Sanction
10 INDEPENDENT REVIEW BOARD 444 North Capitol St., NW, Suite 528 Washington, DC 20001 "ii,73 (202) 434-8080 Facsimile (202) 434-8084 Corruption Hotline (800) CALL IRB
Chief Investigator: Board Members: Charles M. Carberry, Esq. Grant Crandall, Esq. 17 Battery Place, Suite 331 Crandall, Pyles & Haviland New York, NY 10004 1021 Quarrier Street Charleston, WV 25301 Administrator: Frederick B. Lacey, Esq. John J. Cronin, Jr. LeBoeuf, Lamb, Greene & MacRae One Riverfront Plaza Newark, NJ 07102-5490 William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 Washington, DC 20006 July 9, 1997
General President Ron Carey International Brotherhood of Teamsters Washington, D.C. 20001
Re: Decision on Charges against Local 398 Member David F. Valerio
Dear Mr. Carey:
The Independent Review Board has reviewed your decision of July 1, 1997, in the above-captioned matters, and finds the decision to be not inadequate.
Very truly yours,
Members of the Independent Review Board
By:
cc: Earl V. Brown, Jr., Esq. David Neigus, Esq.
Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood of Teamsters 88 CIV 4486 (DNE) INTERNATIONAL BROTHERHOOD OF TEAMSTERS AFL-CIO
.OFFICE OF RON CAREY GENERAL PRESIDENT
July 1, 1997
Mr. David F. Valerio 2936 Norton Street Rochester, NY 14609
Re: Article XIX Charges Against David Valerio
Dear Mr. Valerio:
Enclosed please find a copy of my Decision on the above-referenced charges referred by the Independent Review Board ("IRB"). Also enclosed is a copy of the Findings and Recommendations of the Hearing Panel in this case.
Sincerely,
RC/dnw
Enclosure
cc: Hearing Panel members Howard Bennett, Local 398 Trustee ./dohn J. Cronin, Jr., IRB Administrator
2 5 LOUISIANA AVENUE, N.W. • WASHINGTON, D.C. 20001 • (202) 624-68 INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN THE MATTER OF
ARTICLE XIX CHARGES
- AGAINST - ) DECISION
DAVID VALERIO and CHARLES ROSS
Having fully reviewed and duly considered the hearing record and the findings and recommendations of the Article XIX Hearing Panel in the above-referenced matter,
I hereby issue the following decision on the proposed charges against Local 398 members David Valerio and Charles Ross referred to me by the Independent Review
Board ("IRB").1
A hearing on the charges against David Valerio and Charles Ross was held on
February 3, 1997, in Rochester, New York before a Hearing Panel appointed by the
General President. The Panel consisted of Chairman Wayne Fernicola, Secretary-
Treasurer of Local 177, Patrick DeFelice, Trustee of Local 1205, and David LeBoss,
Assistant Trustee of Local 945. At the hearing, all parties were afforded an opportunity to present evidence and to cross examine witnesses. After review and consideration of the evidence submitted by the parties, the Hearing Panel issued separate reports of its findings and recommendations in each case. Copies of the
Hearing Panel's reports are appended to this decision.
The Hearing Panel found that Valerio brought reproach upon the International
1 At the time of the hearing in these cases, Ross was the Secretary-Treasurer and Business Agent for Local 398. Brotherhood of Teamsters ("IBT") and violated the IBT Constitution by (1) knowingly associating with John Trivigno, former President and Business Agent of Local 398 who was barred from the IBT for knowingly associating with members of organized crime; and (2) knowingly associating with a La Cosa Nostra ("LCN") member, John
Trieste. The Hearing Panel found that Ross brought reproach upon the IBT by knowingly associating with Trivigno. I concur with the findings of facts set forth in the Hearing Panel's reports and I adopt them in their entirety, except where I have modified the recommended sanctions.
With respect to the merits of the charges, Valerio and Ross did not deny that they had knowingly associated with Trivigno after he was barred from the IBT for knowingly associating with LCN members. Similarly, Valerio did not deny that he had knowingly associated with LCN member Trieste. The defense proffered by both Ross and Valerio was that while they knew that Trivigno had been barred from the
Teamsters for knowingly associating with LCN members, they did not know that the
Consent Decree and the IBT Constitution prohibited each of them from associating with Trivigno. Ross also claimed that it was not clear from Trivigno's prohibition that
Trivigno was barred from having any contact with the Union or its members.
^ The Hearing Panel recommended that Valerio and Ross each be permanently barred from holding office or employment with the IBT and any of its affiliates and recommend a five-year suspension of membership for Valerio and a three-year membership suspension for Ross. q Valerio offered no defense to his knowing association with Trieste other than a statement that he did not know that he was not supposed to "hang out" with Trieste simply because he was a Mafia member. 2 Ross's and Valerio's Knowledge of Triviqno's Bar From the Union
Ross and Valerio admitted that they became aware in 1991 that Trivigno had
been barred from the Union for knowingly associating with LCN members. Valerio
knew that Trivigno was out of the Union but contends that he did not know that
barred individuals could not walk picket lines.^ Valerio also attended the baptism of
Trivigno's child, at which Valerio cooked for the assembled guests. He knew,
however, that Trivigno was barred from the IBT for knowingly associating with LCN
members.
Valerio also admitted to hunting with Trieste approximately five times and had
practiced bow hunting with him on other occasions. Valerio testified that he had
known Trivigno and Trieste all of his life and that they had been his friends since he
was a child. He contended that he never got involved in their business and had
nothing to do with any of their dealings outside of the Union. At the bottom, Valerio's
defense was that he did not know that he was not supposed to hang around with
Trivigno or Trieste because they were members or associates of organized crime. This
assertion is simply unconscionable given that the Consent Decree's prohibition on
associating with LCN members or barred individuals is, and has been, well publicized
through the Teamster magazine as well as other sources since at least 1989. Simply to assert "he didn't know" is a defense that is without merit.
With respect to Ross, he knew that Trivigno had been removed as President and
^ Valerio was charged with among other knowing associations with Trivigno, that in August of 1 996 he drove Trivigno to and from a picket line at an employer's residence at which he and Trivigno participated.
3 Business Agent of Local 398 but testified that he was not sure whether or not
Trivigno could remain or be a member of Local 398. Ross also believed that because
Trivigno was working on a Local 398 construction project that he was obligated to represent him even if he was not a member of the Union. Apparently, after removal and bar from the Union, Trivigno was working for Local 398 construction employers.
Ross also contended that while he read about Trivigno's bar from the Union in the
Teamster magazine, there was nothing in that decision that said that Trivigno was not to be associated with. In essence, Ross's defense is that he did not know that
Trivigno was not supposed to have anything to do with the Union. In light of the well publicized nature of Trivigno's permanent bar, this defense strains the boundaries of credulity. The IBT Constitution and the Consent Decree could not be more clear on the prohibition on associating with individuals who are barred from the Union.
Moreover, the Investigations Officer, the IRB, and Judge Edelstein have held repeatedly that ignorance of the provisions of the IBT Constitution or the Consent
Decree is no excuse for violating them.
In Ross's case, however, the Panel found some mitigating circumstances. First,
Ross expressed remorse for his actions and indicated that he would not have associated with Trivigno had he known that he was not supposed to, and that he would not associate with Trivigno in the future. Second, Ross had two witnesses testify about his good moral character and he submitted to the Panel letters of reference from employers for whom he had worked that attested to Ross's fine work and exemplary attitude. The Panel felt that because Ross had expressed remorse
4 concerning his actions and because he had produced character evidence attesting to his good character, there was some mitigation in determining what penalty he should receive. Accordingly, the Panel recommended that Ross receive a suspension from
IBT membership for a period of three years along with a permanent bar as an officer or employee of the IBT or any of its affiliates.
Modification of Sanctions
I have reviewed the sanctions recommended by the Panel and it would appear that the penalties in both cases are in part inadequate. With respect to Valerio, he expressed no remorse for his actions and indicated that he would continue to associate not only with Trivigno, but with other individuals from his past that he had grown up with, such as Trieste. Valerio's blatant disregard of his Constitutional obligations requires that I modify the Panel's recommended membership suspension sanction. Because Valerio expressed no remorse for his actions and indicated that he would continue to associate with Trivigno, Trieste, and possibly other barred individuals, I modify the five-year membership suspension sanction recommended by the Panel and impose a lifetime ban on Valerio from holding membership in the IBT or any of its affiliates. In addition, Valerio is permanently barred from receiving any compensation from Local 398, the IBT or any IBT-affiliated entity, except for vested benefits.
In Ross's case, I find that his actions, including the mitigating circumstances found by the Panel, require less than a permanent membership bar, but more than the
5 tree-year suspension recommended by the Panel. First, Ross was under the impression, based on the advice of the Local's attorney, that Trivigno could continue to work through the Local even though he was not a member. It appears that Trivigno did, in fact, obtain work with Local 398 employers, and RoSs believed that he had the obligation to represent non-members as well as members in the bargaining unit.
Because of this belief, Ross thought that he could call on Trivigno to picket an employer with whom the Local had a dispute.
Second, according to the Panel, Ross expressed genuine remorse over his actions and produced character witnesses and evidence that showed that, in spite of his wrongdoing in this case, he has performed his job both as an employee for
Teamster employers and as a shop steward and Business Agent with skill and commitment. These mitigating factors warrant less than a permanent bar from membership in the IBT, but greater than the three year suspension recommended by the Panel. Accordingly, I find the three-year membership suspension recommended by the Panel to be inadequate, and modify that portion of the recommended sanction to impose on Ross a seven year suspension from membership, along with the recommended permanent bar from holding office or employment with or receiving any compensation from Local 398, the IBT or any IBT-affiliated entity.
Dated: July 1, 1997
6