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AFL-CIO National
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H.E.R.E. Local 69
1 Harmon Plaza
6th Floor
Secaucus, New Jersey
United States 07094
201-330-1222
201-330-0216
herelocal69@njintercom.org
Messages From the Monitor
Here you will find reports and sepcial messages from the Court Appointed Monitor Kurt Muellenburg regaring the review and investigation of Local 69.
Headlines
Sep 26, 2002 - May 2002 Message from Kurt Muellenberg, Federal Monitor
Sep 26, 2002 - September 2002 Message from the Court Appointed Monitor for Local 69
Articles
May 2002 Message from Kurt Muellenberg, Federal Monitor
Let me introduce myself. My Name is Kurt Muellenberg. I am the Court-Appointed Monitor for HERE Local 69. On April 17, 2002, the United States Department of Justice filed a civil action against Local 69, United States V. Local 69 of the Hotel Employees and Restaurant Employees International Union, in the United States District Court for the District of New Jersey. On that same date, the judege, the Honorable Garrett E. Brown, Jr. entered a Consent Decree placing Local 69 under court supervision and appointing me as Monitor to implement the decree. The decree is available on the Local 69 Website (www.herelocal69.org), your union newspaper as well as in the union office. I suggest you read the Consent Decree and become familiar with it.
As many of you will recall your local was placed into trusteeship following the removal of the former president, John Agathos, Sr., in October 1996. now another trusteship has been imposed because of ongoing irregularities in financial affairs. John Boardman, president of local 25 in Washington D.C. is your trustee. He is in charge of the day-to-day operation of the local. My duty is to review and investigate all operations of the local and its health and welfare and pension funds. I will review exepnditures of $2000 and above and approve all hiring and discharges of employees. If my reviews and investigations disclose that an officer, employee, member, agent or representative of this union violated any provision of the decree I can, and will, impose disciplinary sanctions which can include expulsion from the union. Under this decree, all members, employees, agents and representatives of Local 69 and its funds, are obligated to cooperate fully with my reviews and investigations. If you have any information about unathorized expenditures or other improper conduct by Local 69 officials, employees or members please call me and I, or someone working with me, will discuss the matter with you. My toll free number is 800-862-5117
As I am sure all of you know, it is a voiolation of the consent devcree to associate with any member or associate of any criminal group or with person who have been barred from participating in labor union affairs. The following are such barred persions:
John N. Agothos Sr. - Former President
John R. Agathos - Former Fund Representative
Fred Paone - Former Secretary-Treasurer
Michael Santoli - Former Vice Presindent
The objectives of this consent decree are the elimination of corruption and the fair representation of all members. I look forward to working with you to reach that goal.
Thank You
Kurt MuellenBurg
May 2002
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September 2002 Message from the Court Appointed Monitor for Local 69
The Public Review Board ("PRB" or "Board") of the Hotel Employees and Restaurant Employees Internationa Union ("HEREIU") has barred David Feeback and Anthony Iacono from ever being an officer, employee or member of Local 69 or any Local union or any affiliated HEREIU employee benefit plan.
I. David Feeback
On or about September 26, 2001, the Board issued separate disciplinary charges against Mr. Feeback and Mr. Iacono. Mr Feeback was charged with engaging in a scheme to defraud the Local 69 members of money and his honest services and with knowingly associating with John N. Agathos a/k/a John Agaothos, Sr., al in violation of the Ethical Practices code of the HEREIU. Mr Iacono was charged with knowingly associating with John N. Agaothos and with obstructing the Board's investigation.
Mr. Feeback entered into an agreement with the Board to resolve these charges by agreeing never to be an officer, candidate for office, employee or member of any HEREIU local union or benefit plan. Mr. Feeback's agreement does not constitute an admission that he engaged in any wrongful conduct.
A copy of the agreement between the Board and Mr. Feeback, and the underlying charges are available for your review on the Local 69 web site.
II. Anthony Iacono
On June 25, 2002, the Board issued a Summary Decision with respect to the Disciplinary charges against Mr. Iacono.
After the Board issued disciplinary charges, it gives the charged person an opportunity to file an answer to the charges and to have a hearing to confront the evidence introduced against him or her. Mr. Iacono failed to file an answer to the charges or exercise his right to have a hearing. In such situations, the Board then issues a Summary Decision based upon the evidence submitted by the Investgations Officer.
The Board found that Mr. Iacono had knowingly associated with John N. Agathos a/k/a John agatho, Sr. in violation of the Unions' Ethical Practice Code. Mr Iacono permitted Agathos to use three different cell phones registered in Iacono's name to make calls from Florida to New Jersey durring a period when Mr Iacono was working at he Meadlowlands Sports Complex.
The Board also found that Iacono had obstructed and impeded its efforts to learn why Iacono permitted Agathos to use Iacono's cell phones, another Ethical Practice Code violation.
All HEREIU officers, employess and members are obligated to cooperate fully with any Board investigation. The Board's policy is to issue disciplanry charges, remove and bar any person who failed ot cooperate fully with its efforts.
Mr. Iacono was give four (4) seperate oppourtunities to appear and answer questions about his relationship with Agathos uner oath. On May 11, 2001, the Boards Investigations Officer Wrote Mr. Iacono and his attorney a letter indicating he would recommend the issuance of disciplinary charges unless Iacono appeared and testified by the close of business on June 15, 2001. Rather than testify, Mr Iacono resigned from the union effective June 15.
A copy of the Board's Summary Decision and the underlying charges are also available on the Local 69 Web Site.
III. Local 69 Members May Not Knowingly Associate with Barred Persons.
Any person knowing association with a barred person is a violation of the Ethical Practices Code. Accordingly, local 69 officers, employees and members may not knowingly associate with David Feeback, Anthony Iacono, John N. Agathos a/k/a John Agathos, Sr., John R. Agahtos, a/k/a John Agathos, Jr., Michael Santoli, or Fred Paine. The purpose of prohibiting Local 69 officers, employees and members from associating with barred persons is to ensure that barred individuals have no influence over the operations of the local and its employee benefit plans.
As used in the Ethical Pracice Code, the term "knowingly associate' means that (a) the HEREIU member knows or should know that these individuals are barred persons, and (b) the association is more than fleeting. The Ethical Practices Code is set forth in Article XXII of the International Constitution. You may obtain a copy of the Constitution and the Ethical Practices Code by contacting Local 69 or me Directly. My telephone and fax numer are (202) 408-0478 and (202) 408-0793 respectively.
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