601 Te Set, W.W, ‘elf Recrenbach
Sammunications on, 2.6, 20003-2707 Secretary Treasurer
ee eee
AFL-CIO, CLC. Small “fechensnon @ovncnin xg
March 24, 2011
vie President, CWA Local 1101
Mere 1101
Patrick Gibbons
Business Agent, CWA Local 1101
Re: For Gibk BF APpointment of Temporary Administrator
for CWA Local 1101
Dear Messrs McAleer, Luzai & Gibbons:
appoints REStie Board has reviewed your March 1, 2011 request to
bt en 73 ,
Section 3b) ofthe CWA Constiration, ed Or by Artilo xan,
darned eee OU emda es eqs wh ar
addressed below. etn sn nAS 70 erent tinding
Siereemnair ud irene eres
and, ‘OF Participated in Local's erw and iutive Board
members for many years,
gal camscnSP® eran oe of Local 1101 wi oy and
illegal cat Act, iachading President Jona Connolly, mec am
Day eneeate Pecan, ea, James ‘Trainor and ‘Treasurer Teny
“among others,” foul state these officers “and otiera" hey
Sane age eae ee ey |
as 8 1(g), (b) and @and2 of the
Syn Coaettution and Article an geo 9 1 Local
Bylaws and Rules, oe = ded |
.
nl it tr shen ea {
Talsed” with the National Union and the Local 1107 Executive Board and |
/
!
Tort “woot eho
Lute 3oWeMr. Joseph McAleer
Mr. Al Luzzi
Mr, Patrick Gibbons
March 24, 2011
Page 2
and Bob Barbarelli wrote to
On December 9, 2010, Local 1101 members
Ruowo fled charges with the CWA Secretary Treasurer accusing hoon
L728 39ve
TOUT 7WoOT wo
esptezaete
Kevin Condy and Alphonse
22:0
rraz/8z/eo
1
|Lea 3¥d
trick Gibbons
Patri
March 24, 2011
Page 3
a2 officers Connolly, Feliciano, James Trainer, Daly, Manley,
Fiumano, SisGill and Pyzesid of violating Article XIX, Section
U0) and 19 of the CWA Constitution. On January 3, 2011, the CWA
Tragtive Hoard appointed a Prosecutor, David Palmer, to iaressag ts
‘those charges. On January 17, 2011, Mesers, Condy and Russo ord
‘two other Local 1101 members, Keith Purce and Jerome Peredes, fled
onal, related charges which were referred by the CWA Brntay
Board to Prosecutor Palmer on January 21, 201), ‘These charges
donor ceftain democracy issues whicit have been raised agets in your
letter,
{he referendum mull and void because it did not confers to the
‘memberuhip's stated wishes at the November 23, 2010 meeting,
Souiee 1a 20, 2011, Local 1101 member Douglas Grant fled chargeo
against Local 1101 officers Connolly, Feliciano, Manley, Trainor and
pntinets Agent Tony Fiumano and Chief Stewards Heather Teiee
Farreal and Wiliam Nobeling accusing thera of violating Atcle
2G, Sections 1), (a) and!) of the CWA Constivaton. On February 15,
sreauite CWA Executive Board appointed Vie Waller as Prose te
gate thees charges which cancerned allegations of eva
of toon T1Ok etx Gannon and Prosecutor Felner met with offcera
of Local 1101 on December 17, 2010 and again on Fobruary 7, 8 and 17,
2011, 7 Caudition to information provided ty Local 1101, Ms. Gannon
reviewed CWA internal ues records (CWA's Form H-166) a8 well ay other
Janay 7 dan a 7 ater, Including a tape recording provilos oe
Jasmaty 7, 2011 by Locel 1101 Vice President McAleer of an undated
‘wephove converation (which he described as beng atleast oes
i
|
|
1192/82/60
TOUT O07 vO ispireeate —9z:0Twhich he had with Local 1101 President Joe Connolly, To specifically
address the charges of “double dipping.” CWA alao asked Vorens
Pros nce Payroll recorde for thoee Local officer who were alee Verona
cemnyayees during the period from 2006-2010 but the company seted to
cornply with that request,
In lete February, 2011, CWA was notified the U.S. Department of
Labor's Ofice of Labor: Management Stasdorae (DOL" that it was
, Sees arene
‘The resulta of CWA’s investigation to date have been carefully considered
By {he CWA Enscutive Board A summary of that Report Is atechod so
hhas also been provided to the officers of Looal 101°
Gocumentation or receipts. As such, it reprovente nesee income to |
the . q
Peleg when ABT, 2008, the Local anand a Remabngaed opening {
Polley which Casited that the 8225 is Intended to componente eee |
fl 2/82/68
isptezeete —azipT 110
TOT WOOT HO
21/70 30¥dtrick Gibbons
March 24, 2011
Page §
“use of their personal auto, including mileage, gia, insurance, tolls and
tig fared in th natal cule eek eee
(2) Establishing a 401(k) Plan for officers sind Executive Board
Spent aang eNO athe a
sation (including the expense year.
ah no ver eed pes ee a eal 1
ts significant amount of additional
though it algo represents, of
compensation ‘duals over and above that epecitied in Article
XXII of the Local's Although this Plan was approved by the
Local's Executive Board, this slone is not enough to eatiefy
concerns since the approve it were the be
ofthe Plan. The CWA Exsoutive Board has the Local to coase
‘further contributions to this Plan until such time aa the Local
menabersbip has approved this form of compensation.
3) the path many expenses submitted for reimbursement appear
to contain the proper justification of businesg se and listing of
ts, it appoars that some expenses were inadequately
Sree Selected imprudent use af Local funda, auch ns eee,
porto or day eleeng an average meal cost in exe of 5G per
Parvon or daily hotel charges of $600 a night at the CW, Convention for
‘Stays at hotels other than the CWA Convention hotel
‘Because of these concerns about the late use of Local
funds, the CWA Executive Booed bas determined ta ceignace ctr,
acting as the Board's designee, {prove onenng nana oversight
afficer
acutance and authority to the Local on matters ‘compensation
and expense reim! to ensure that the int ate of the members
indie eoed & the tse and disburastnent of Local ace This
ape teens 80 Dean takd to aavit the Local in taki
“Sees to ensure that future membership mectngs and meshes
1 W007 wHO espiezeats zt. T1ezvez/e0
tor
“1/se svwithin the
Executive Board's authority under Article IX, Sections 41d), (€), (ke) and
ofthe CWA Congiitution and ie intended to ensure that tre (ea
See Cand with ita obligations under asticlo XM, Sections 9 aris
shout a tite Board's appointment of@ Monitor wil address its conceems
seat, financial overaight {anew that surfaced during CWA
i fe well as the recommendations made by Prosecutor
yeeet2 — aztbT
1/38 3Ovd TOIT WOOT vO asp
‘
i
|
r1ae/ez/e02128 3o¥E
‘Ms. Joseph MeAleer
Mr. At Luzi
Mr. Patrick Gibbons
March 24, 2011
Page 12
TOT WoO sho.
asptezaate
ezint
192/82 /2021/88 39¥e
November 18, 2010
Avenue, 17% Floor
‘New York, New York 10001-6708
Re: Request for Audit
Dear Joe:
Sl oF ae ee aguas Hom Oars of Local 1101 asking that an
interests of te Cee at ls necessary to protect the members
preslwy Ce ‘Among the reasons cited for the request
are the folowing;
2 ongring requests for tnformation about Local nancial
transactions, the issuance and use of corporate credit cards,
have not been satisfactorily answered;
3, tatlure to provide the membership with
about the Local's financial obligations we Oana eimatica
reservess Mabie finanela
fo ittcatioms concerning the use of Local to
often for personal expenditures have not been satshetny
HT WoO aM uspipesatz zit
10
razz eoJoseph Connally
November 16, 2010
Page 2
&. sUuestions conceming the use of Local funds for office
of
reconstruction and the amount costs have not been
‘satisfactorily answered.
Preliminaty = ‘an appointmens a
officers, Plauze coopershe Ral eae ad to tall: you and ather
‘with this request, so that these matters
can be promptly addressed,
{Im addition, Article XIN. Section 9(cn) of the CWA
each Loca tanta sae Sth ‘Constitution obligates
in addition, please advise as to how this financial, was
communicated to the Local's membership each yes
“etoe feel fee tn call me tyou have any queetions about this situation,
‘Sincerely,
woo wo dsptezaste sit t1az/azyeo
Tort
21/68 o¥dSUMMARY OF CWA INVESTIGATION INTO REQUEST FOR
TEMPORARY ADMINISTRATION AND RELATED MATTERS
CWa's investigation began in November, 2010 and has continued
‘March, 2011. “CWA examined Local
CWA examined payroll records for 14 indivichuals fll of the Local officers
and charged ‘which were provided to CWA by Local 1101 for
the six year period. CWA first compared those recards with its dice
a
Asptezaste — eztpt_ t1az/aze1
TOT WoO SHO.
21/81 3D¥eManley and to have worked 40 hours,
wee rand had dues deducted by Verizon per the H-160 ipo ot ease
Fanvantited, were paid 40 hours per week by the Local aft thar
retirement,
ae vent to ebtatn more accurate mformation on the issue, CWA
Gaked Veriton to produce payroll records for the 14 individuals boy soe
Senay refltsed to do wo. CWA also asked each of the indtvidete
Venmeated i they would be willing to provide tax returns: Wd fata or
year perpaytol stubs to very thelr Verizan compensation dung ies ng
Sime CWA te cums. Some aaid they would do so, while others ihrces:
tae saa 1s unable to compel production of these materials Bree tee
that obany the individual, iis not possible to reach the Coie,
The DOL Wn guble vouchering by some ofthese individuals toot oar
FPR DOL is locking nto this tose and wil be able to conaval
of the matertals determination,
Because
the ongoing DOL, investigation specifeally cludes “double dipping”
Gicsations, CWA determined to defer further tngaty eee on
{tie subject pending the outcome ofthat investigation,
@) jdlseatlone Rearing the “Union Rulers und," CWA‘
{Rterviews with Local officers and athere included ”
the fanaa Whether monies were contoted vauntanth aot eee,
TOIT WOOT vO ispirzeatz —8ztbT
AUT Bova
11az/@z/e8et/et BoWd
sbursed to ‘were active contbutors,
as of January 1, 2010 using a pro rata formula based on
Fond. CWA's investigation indicates that
Local 1101 officers received. that Fund in 2010,
of
Fund was misused and CWA does not believe that tt hag farisdi¢tion co
ibegh a copy ot Lees eg vag volun
Although a 8 1988 check was provided indicating 2
contribution to Uae Fund fore ake 7A Local Unions Supplemental
Fension Severance Fund Trust, CWa's inquiry was fimited to review of
Tecords covering the past cix years. CWA provided a copy of that check
to the DOL investigator.
(3) “Lack of Democratic Procedures,"
Membership Meeting on November 29, 2010 and Bylaws
Referendum, It was alleged that Local 1101 members have bee enable
@
{2 Gmale their opinions and grievances known" because of a pattern of
“tnefiective and irregular’ general membership meetings in
Part, from a membership meeting quorum requirement of 10% of the
CWa's records indicate that this quorum has
boon in place since at least 1964 but this is the Sret time that any
Questions oF concerns about tt have bean raised with the National Union,
quorum was
wras not allowed to vate on a series of motions properly
made and seconded at that meeting. Palmer
‘that future regular or apecial membership be conducted in a
Semper win a hs mss ne 9 a dng
7 Prosecutor Palmer ‘that the Local review
hg 10% quoru requirement (x effect atnoe at leaut 1964) 69
Spee anna ape
Constitution do not address the: raised, utor
TOIT O07 ¥NO espircoate
eciet ttazez/e@Let Sava
4
Rrocess. The CWA Exeoutive Board has that report and has
directed the Local to votd the results of tne beret sport and
floes azpear that they are staffed and mect regulary, as we
ist af the Committees and their current members provides Wy Rote
attached, Local
@ Financial and Aceounting Issues,
@
Executive Committee,” ‘Sorparate credit card expenditures and
costs of recent renovation project at the Local's oflnes Se Nev se
1 wo? wo sspivzests zip. 1192/82 /eR
torLU/PT Bove
Cane oF not thie was the cave, Local affcers di fully cooperate with
Se Ain providing all relevant recards requested by Serlos Preece,
Director Gannan during the course of CWA's inveatigation, as decerhed
Sone eApensen, a8 well as submitted to the
a of other business expenses for which officera were
indicates that in most cases, but not all, sufficient evidence
Fra business-related purpose was pregerited to justify reimbercer
some specific vouchers and expense aDpearaa
or exceesive spending, such as dinner expenditures
Local officers ‘Person costs in excess of 8225
and 8600 room expenses at the CWA Well in excess of the
Toom costa at the CWA Convention hotel. CWA'e
ti ee Tequesta to engure
cwa's
TOIT Woo wo
dsptecaatz — aztpt. 1192/87 /e06
approval er Gon 2 cease farther expense allowance payzssnts peeing
‘approval by the membership for such additional officer compencetns
tseue not raised by the request for ~ the
of whether Local 1101 members ever approved of a 401(k) Flan fe"
and employees, As of December $1, 2010, 23 Local 110%
employees Were participating in thie Pian to which. an
total yeary ae ogra to fiteen (16%) percent ofthe employee's
total yearly compensation (including the
discxisced above). ‘appears in the Local's ‘that
‘Phe CWA Exncutive Board has determined that imposition of'a
at Local 1101 ts not warranted at this time,
eka arg as dlrected President Coben to appoint a Monitar acting on
Pebalf of the Board, to warts directly with the Local 1101 offiese ts
of ofler compensation and expense reimbursement to ensure that ar
espiezeste —8z:Pt
TOTT woo WHO
L/St evs
192 /az/e0LUST 39¥a
7
Local Range Members are fully reflected tn the use and disbuirsemente of
‘The CWA Executive Board has also adopted :
the
Report and
o David
democratic at ths November ‘concerne about
and has dirécted that the ohn ee
TOIT "WOOT wD uspipzeate —eztbT
1122/82/60)‘Local 2202, CWA Committers
Committee On tquity
ll Cordova
awn Sikfas
Richard! Gerard
in Sa
Shavonda Mack
Tom Balad
Organizing
Keith Hogarey
sim Trainor
keith urce
Scholardhip
Teny Daly
Angel Felidana
eUet 3804
TOIT "WoO? ¥HO
lection Committee
Pete Torres
‘Anthony Barres
espipzeate
eater
Tez /ez 60
Official Committee of Unsecured Creditors For An Order Clarifying Requirement To Provide Access To Confidential or Privileged Information (The "Motion") Filed Herewith by The Official