U.S. v. International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO
| Decision Date | 15 July 1993 |
| Docket Number | No. 1140,D,AFL-CIO,AFL-CI,1140 |
| Citation | 998 F.2d 1101 |
| Parties | 143 L.R.R.M. (BNA) 2916 UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,; The Commission of La Cosa Nostra; Anthony Salerno, also known as Fat Tony; Matthew Ianniello, also known as Matty the Horse; Anthony Provenzano, also known as Tony Pro; Nunzio Provenzano, also known as Nunzi Pro; Anthony Corallo, also known as Tony Ducks; Salvatore Santoro; Christopher Furnari, Sr., also known as Christie Tick; Frank Manzo; Carmine Persico, also known as The Snake, also known as Junior; Gennaro Langella, also known as Gerry Lang; Philip Rastelli, also known as Rusty; Nicholas Marangello, also known as Nicky Glasses; Joseph Massino, also known as Joey Messina; Anthony Ficarotta, also known as Figgy; Eugene Boffa, Sr.; Francis Sheeran; Milton Rockman, also known as Maishe; John Tronolone, also known as Peanuts; Joseph John Aiuppa, also known as Joey Aiuppa, also known as Joe Doves, also known as Joey O'Brien; John Phillip Cerone, also known as Jackie Cerone, also known as Jackie the Lackie; Joseph Lombardo, also known as Joey the Clown; Angelo Lapietra, also known as Nutcracker, The; Frank Balistrieri, also known as Mr. B; Carl Angelo DeLuna, also known as Toughy; Carl Civella, also known as Corky; Anthony Thomas Civella, also known as Tony Ripe; General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Jackie Presser, General President; Weldon Mathis, General Secretary-Treasurer; Joseph Trerotola, also known as Joe T, First Vice President; Robert Holmes, Sr., Second Vice President; William J. McCarthy, Third Vice President; Joseph W. Morgan, Fourth Vice President; Edward M. Lawson, Fifth Vice President; Arnold Weinmeister, Sixth Vice President; John H. Cleveland, Seventh Vice President; Maurice R. Schurr, Eighth Vice President; Donald Peters, Ninth Vice President; Walter J. Shea, Tenth Vice President; Harold Friedman, Eleventh Vice Pre |
| Court | U.S. Court of Appeals — Second Circuit |
Steven C. Bennett, Asst. U.S. Atty. (Mary Jo White, U.S. Atty. for the S.D.N.Y., Christine H. Chung, Gabriel W. Gorenstein, Asst. U.S. Attys., of counsel), for appellee.
Richard M. Seltzer (Richard N. Gilberg, Stephen Presser, Cohen, Weiss & Simon, New York City, Earl V. Brown, Jr., Washington, DC, of counsel) for defendant-appellant.
Andrew D. Roth, (Bredhoff & Kaiser, Washington, DC, Walter Kamiat, Laurence Gold, Washington, DC, of counsel) filed a brief amicus curiae on behalf of AFL-CIO.
Before MAHONEY, WALKER, Circuit Judges, and SAND, District Judge. *
The history of this case has been recounted by this court numerous times in the last several years, see, e.g., United States v. IBT, ("Election Rules Order"), 931 F.2d 177, 180-81 (2d Cir.1991), and is described in detail in Judge Edelstein's exhaustive opinion below.
The Consent Decree was entered by the district court on March 14, 1989, settling the civil action brought by the government in June, 1988 under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1964, against the IBT, its General Executive Board (the "GEB"), the GEB's individual members, the Commission of La Cosa Nostra criminal organization, and numerous reputed members of La Cosa Nostra. The provisions of the Consent Decree have been summarized in our prior opinions, see, e.g., Election Rules Order, 931 F.2d at 180-81; United States v. IBT ("Friedman & Hughes"), 905 F.2d 610, 612-13 (2d Cir.1990), and only those provisions relevant to this appeal need be reiterated.
The decree, in addition to permanently enjoining the defendants from committing any racketeering activity or knowingly associating with members of organized crime, set up various mechanisms to cleanse the union of the influence of organized crime. As set forth in the decree, the first phase was supervised by three court-appointed officers: an Investigations Officer, an Independent Administrator, and an Elections Officer. The Investigations Officer was vested with the authority to investigate misconduct, initiate disciplinary actions against IBT officers, members, employees, and affiliates, and, where necessary, institute trusteeship proceedings over IBT local unions and other affiliates. The Investigations Officer also was empowered to prosecute disciplinary actions before the Independent Administrator. The Independent Administrator, in addition to ruling on cases brought by the Investigations Officer, oversaw the implementation of the Consent Decree generally. It was the responsibility of the Elections Officer to supervise rank-and-file elections of delegates to the IBT Convention in 1991 followed by rank-and-file elections of IBT officers from among the candidates nominated at the Convention. Under § B(3)(3) of the Consent Decree, after the certification of the 1991 election by the Elections Officer, the authority of these three court officers ceases and their functions are taken over by the IRB. On January 22, 1992, the Elections Officer certified the 1991 election, triggering the IRB phase of the Consent Decree.
Section G of the Consent Decree sets forth the structure of the IRB and the scope of its authority. See 803 F.Supp. at 768-69. It consists of three members, one chosen by the IBT, one chosen by the Attorney General of the United States, and a third chosen by the first two. The Consent Decree endows the IRB with broad authority to hire investigators and attorneys to investigate "any allegations of corruption," "any allegations of domination or control or influence of any IBT affiliate, member or representative" by organized crime, or any failure of the IBT, members, and affiliates to cooperate with the IRB. Consent Decree § G(a). The Consent Decree also states that the IRB "shall exercise such investigative authority as the General President and General Secretary-Treasurer are presently authorized and empowered to exercise pursuant to the IBT Constitution...." Consent Decree § G(b). Upon completing an investigation, the IRB is to issue a written report of its findings and refer matters to the appropriate IBT entity for action. Consent Decree §§ G(d) and (e). The IBT entity then must provide a written report to the IRB outlining its disposition of the matter, and the IRB in turn is to issue a written determination of the adequacy of the IBT entity's response. Consent Decree § G(g). If the IRB finds the response to be unsatisfactory, then the IRB is to hold an evidentiary hearing to be conducted "under the rules and procedures generally applicable On July 17, 1992, the government made the instant application proposing specific rules to govern the operation of the IRB and its staff. It made this application to the district court pursuant to § K of the Consent Decree, which provides that "[t]his Court shall retain jurisdiction to supervise the activities of the Administrator and to entertain any future applications by the Administrator or the parties." The court approved the rules as set forth in Exhibit A of its opinion, 803 F.Supp. at 800-806. IBT appeals, challenging rules D(2), E(2) and (3), F(1), (2) and (5), H(3)(b), (3)(e), (6) and (7), N(2), and O.
to labor arbitration hearings," Consent Decree § G(g), and "issue a written decision." Consent Decree § G(h). As the district court noted, "[i]n sum, Section G of the Consent Decree empowers the IRB to eradicate corruption in the IBT on its own initiative and to monitor IBT efforts to purge corruption in the Union." 803 F.Supp. at 769
Consent decrees, while they are judicial decrees subject to enforcement by the court, nonetheless are agreements between parties to litigation that "should be construed basically as contracts." United States v. ITT Continental Baking Co., 420 U.S. 223, 236-37, 95 S.Ct. 926, 934, 43 L.Ed.2d 148 (1975). Consent decrees are "entered into by parties to a case after careful negotiation has produced agreement on their precise terms," and therefore "the scope of a consent decree must be discerned within its four corners, and not by reference to what might satisfy the purposes of one of the parties to it." United States v. Armour & Co., 402 U.S. 673, 681-82, 91 S.Ct. 1752, 1757, 29 L.Ed.2d 256 (1971). However, a court also may consider, as it would in construing a contract, normal aids to construction such as "the circumstances surrounding the...
To continue reading
Request your trial
-
US v. INTERN. BROTH. OF TEAMSTERS, CHAUFFEURS
...1132 (2d Cir.1992); 978 F.2d 68 (2d Cir.1992); 981 F.2d 1362 (2d Cir.1992); 986 F.2d 15 (2d Cir.1993); 998 F.2d 120 (2d Cir.1993); 998 F.2d 1101 (2d Cir.1993); 3 F.3d 634 (2d Cir.1993); 12 F.3d 360 (2d Cir.1993); 14 F.3d 183 (2d Cir.1994); 19 F.3d 816 (2d Cir.1994); 697 F.Supp. 710 (S.D.N.Y......
-
US v. International Broth. of Teamsters
...see also August 19, 1991, Opinion & Order IRB Rules Decision, 803 F.Supp. 761, 768 (S.D.N.Y.1992), aff'd in relevant part, 998 F.2d 1101 (2d Cir.1993). Under the Consent Decree, the IRB must use this authority, among other things, to investigate allegations of corruption within the IBT, all......
-
Banos v. Rhea
...basically as contracts' ” (United States v. International Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL–CIO, 998 F.2d 1101, 1106 [2d Cir.1993], quoting United States v. ITT Continental Baking Co., 420 U.S. 223, 236–237, 95 S.Ct. 926, 43 L.Ed.2d 148 [1975] ). Put differen......
- Banos v. Rhea