The Connecticut Laborers' District Council settled a lawsuit on Wednesday which had
been brought by its Bridgeport local affiliate and several union members. The case was
being
watched closely by union democracy activists across the country. The plaintiffs had
challenged
the manner in which the district council collected and spent mcmbers' dues.
"We won almost everything we were looking for," said Ronald
Nobili, Business manager
of Laborers' Local 665 in Bridgeport. 'This settlement is a big step forward for those of
us who
believe unions should be run by the members and for the members."
The laborers' union is one of the largest construction unions in the
country. It was singled
out several years ago by the President's Commission on Organized Crime, which concluded
that
organized crime had infiltrated the union. The union submitted to federal supervision,
which is
continuing. The Connecticut Laborers' District Council, the defendant in the lawsuit, is
the state-
wide union body, which oversees ten construction locals, including Bridgeport, Hartford,
New
Haven and New London.
The plaintiffs claimed in their lawsuit that the district council
circumvented
federal labor laws by repeatedly raising members' dues without the members'
Mario Roma |
Ronald B. Nobili |
Joseph Ambrosini |
President |
Business Manager |
Secretary-Treasurer |
authorization. The suit also claimed the district council wasted members' money on
"meals which include expensive hors d'oeuvres, entrees, and wine, (and] paying for
travel ... which bear little or no relation to legitimate union activities."
The business manager of the district council is Charles LeConche, who
is also
business manager of the Hartford local. The plaintiffs charged that the illegal practices
began during the tenure of LeConche's predecessor, Dominick Lopreato. Lopreato is
currently serving a four-year sentence in federal prison for accepting kickbacks from the
now-defunct Colonial Realty.
The lawsuit alleged that the district council illegally received
approximately $1.2
million per year that properly belonged to the affiliated locals. The district council
used
this money to buy the loyalty of some of the locals' officers, it was claimed. 'if the
local
officers balked at following the orders of the district council, they would be in the
position of having to bite the hand that fed them," said Nobili. "And, because
they were
spending money that did not belong to them, they had no incentive to practice fiscal
responsibility."
The plaintiffs' attorney, Leon M. Rosenblatt of West Hartford, commented that
the district council's "scheme was elegant in its simplicity but it was hard to
trace." He
said, " I once tried to explain our case to a judge. After stumbling over my words
for
about fifteen minutes, he interrupted me and said, pointing to my clients, 'Oh, I get it.
They're paying off other people with your money.' That was it in a nutshell,"
Rosenblatt
said.
In court papers, the plaintiffs gave the example of a former member of
the
executive board of the district council. His local in Norwalk was small, with about 245
members, but he drew several salaries adding up to a six-figure income. "If his own
members wanted to pay him that much, it would not have been a problem," Rosenblatt
explained. "But most of the money was paid by laborers in Bridgeport, Hartford, New
Haven and New London. and they were never given a choice."
Under the settlement agreement, laborers in Connecticut will have the
right to
approve or disapprove future dues increases in a secret ballot vote. Additionally,
dues
taken out of members' paychecks, called working dues will have to be given to the locals
in proportion to the number of hours worked by each local's members. "It will
no longer be
possible for them to subsidize locals which do not practice fiscal responsibility,"
Nobili
explained.
Herman Benson, the founder of the Association for Union Democracy in New York,
was pleased with the settlement. "Unions have been using district councils to evade
the union
democracy provisions of federal law. The successful suit of local 665 has curbed some of
the
most egregious aspects of this egregious practice," he said.
Nobili said he was proudest of his members' courage. "They took a
stand against
injustice. That is not an easy thing to do in this union"'he said.
-End
UNITED
STATES DISTRICT COURT
DISTRICT OF CONNECTICUT |
*************************************************** |
* DOCKET NO. 395CV02372(AVC) |
Laborers' Local Union 665, et al.
Plaintiffs. |
*
* |
V.
|
*
* |
|
* |
Connecticut Laborers District
Council of the Laborers' International
Union of North America November2,1998
Defendant |
*
* November 2.1998
*
* |
*********************************************************************************************** |
("LIUNA"), Ronald Nobili, Edward P. Smith, Byron Gibbons, Thomas P. Nilan,
Joe Dias. Roger Reid and
Jerry McKeon brought this action in U.S. District court on Novefter 1, 1995; and
Whereas, the cut was assigned to Judge Alfred V. Covello, and later to Magistrate Judge
Thomas P. Smith, who facilitated settlement negotiations; and
Whereas, the plaintiffs claimed the defendant, The Connecticut Laborers' Dimict Council
of
LIUNA, improperly raised dues and spent it for improper purposes; and
Whereas, the plaintiffs believe working dues should tot be paid directly to The
District
Council; and
Whereas. the defendant denies that it improperly
raised dues and that the dues were spent
for improper purposes; and
Whereas, the defendant believes that working dues should be paid directly to the
District Council; and
uncertainty involved in trying this matter to conclusion, and, further, to promote
unity and
harmony within LIUNA,
Wherefore, the plaintiffs and defendant agree as follows;
1
I. WITHDRAWAL OF SUIT
11. WORKING DUES
The working dues will continue to be
collected by The Connecticut Laborers' Fund from
employers. The dues will be deposited in an interest bearing account. The Fund will send
this money,
with accumulated interest, to The Connecticut Laborers' District Council on a monthly
basis. (The Fund
may hold back payout of checks for a period of time not to exceed one month to ensure the
checks do not
bounce.) The District Council will receive this money on behalf of itself and the
affiliated construction
locals and will distribute the money to the affiliated construction locals in amounts
proportionate to the
number of hours worked by the members of the respective locals after retaining its share
of the working
dues. The Connecticut Laborers' Fund will prepare monthly reports specifying for each
working member
the hours worked, the employer, and the local to which the member belongs. The Connecticut
Laborers'
District Council will utilize this report in apportioning the working dues.
This report will be provided to each of the affiliated locals so the
local can verify collection and distribution
of the dues. In the event that there are dues paid on account of members whose local
membership cannot
be dctermined the District Council, after retaining its share, will divide the dues
equally among the
affiliated construction locals.
Future increases in working dues, if any, will be put to a secret
ballot vote. The vote will be
conducted by each affiliated local in a manner conducive to the greatest possible
participation by union
members. and conforming to the LNMA. Increases will not be implemented unless a majority
of voting
members state-wide vote in favor of the increase.
2
Working dues payable by locals to the district council will be
proportionate to each local's share
of working dues
This agreement shall not impair or compromise the rights or claims of
any person or entity not a
party to this lawsuit. Nor shall this Agreement impair or compromise the right or ability
of any person or
entity to challenge The District council's receiving more than 20% of working dues.
III. NON-RETALIATION
The Connecticut District Council will not sue, bring charges or
retaliate in any way against the
the Plaintiffs or their employees. representatives and supportera, or against members of
Local 665. on account
of this law suit and the issues related to it. Nor will The Connecticut District Council
support, countenance,
or encourage in any fashion any other person or union body to sue. bring charges at
retaliate in any way.
The Executive Board of LIUNA will execute the statement contained in
Appendix A. This
agreement is contirigent upon such execution.
The Connecticut District Council will defend this agreement in any
internal challenge.
IV. ATTORNEYS' FEES AND COSTS
The District Council will pay S 100,000 to Leon M. Rosenblatt for litigation costs. Tthe
District
Council will bear its own costs and counsel fees in connection. with this suit.
V. DISSEMINATION OF THIS AGREEMENT
A letter in the form of Appendix 8 will be sent withm 10 days by The Connecticut District
Council to every Connecticut member of LIUNA. It will be sent unaccompanied by any other
material.
11/2/98
Date |
s/Leon Rosenblatt
for the Plaintiffs
|
11/2/98
Date |
s/Charles Leconche
For the Defendant |
3
APPENDIX A
On behalf of The Laborers' International Union of North America and its Executive
Board, I hereby declare under penalty of perjury that LIUNA will not retaliate against
Local 665
or any of its members or officers for any conduct taken in connection with this lawsait.
_____________________________ |
_________________________- |
Date |
For the Executive Board
of the
Laborers' International Union of North America |
APPENDIX B
[DATE)
RE: SETTLEMENT OF LAWSUIT
(SALUTATION]
We are writing to inform you that the lawsuit brought by Local 665 and
its members has
been settled.
There will be changes in the way in which working dues are
collected and distributed. The working
dues will continue to be collected by the Connecticut Laborers' Fund from enployers.
Thedues will be
deposited in an interest bearing account. The Fund will send this money, with accurnalated
interest to the
Connecticut Laborers' District Council on a monthly basis. The District Council will
receive this money on
behalf of its affiliated construction locals and will distribute the money to the locals
in amounts
proportionate to the number of hours worked by the members of the respective locals. The
Connecticut
Laborers' 'Fuuds will prepare monthly reports specifying for each working member the hours
worked, the
employer, and the local to which the member belongs. The Connecticut Laborers' District
Council will
utilize this report in apportioning the working dues. This report will be provided to each of the affiliated
locals so the local can verify collection and distribution of the dues. In the event that
there are dues paid on
account of members whose local membership cannot be deminined, the dues will be divided
evenly among
the locals.
Future increases in working dues, if any, will be put to a secret
ballot vote. The vote will be
conducted by each affiliated local in a manner conducive to the greatest possible
participation by union
members, and conforming to the LMRDA. Increases will not be implemented unless a majority
of voting
members state-wide vote in favor of the increase.
Working dues payable by locals to the district council will be
proportionate to each local's share
of working dues.
|
|
Ronald Nobili
For Local 665 |
Charles LeConche
for the District Council |