Testimony of Arthur Armand Coia

MR. LUSKIN: GEB Attorney calls Arthur Coia.

(WHEREUPON, the witness was duly sworn.)

ARTHUR COIA,

called as a witness herein, having been first duly

sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. LUSKIN:

Q: Mr. Coia, could you state your full name

for the record, please?

A: Arthur A. Coia.

Q: Do you hold a position with the Laborers' Union, sir?

Page 1053 - Page 1056

A: Yes. I do.

Q: What is that?

A: General President.

Q: How long have you held that position?

A: Approximately two years.

Q: And before that, have you been

affiliated with the Laborers' Union?

A: Yes. I joined the Laborers in 1957.

Q: So you have been a member for almost 40

years?

A: And I've had, I've held various office

positions, from local union, District Council

International representative, regional manager,

General secretary/treasurer, and now General

President.

Q: And your father is also Arthur Coia, is

that right?

A: Yes. Arthur E. Coia.

Q: He is deceased now, is that right.?

A: Yes.

Q: Was he also affiliated with the

Laborers' Union?

A: Yes. He was affiliated from 1933 until

his passing in 1993; 60 years.

Q: Mr. Coia, when did you first hear of

John Serpico?

A: 1984.

Q: What was the context, sir?

A: He was just put on the Executive Board

of the Laborers' Union

Q: Have you ever heard of him before that?

A: No.

Q: Who put him on the General Executive

Board?

A: He was elected to the Board in 1984.

Who was the General President in1984?

A: Angelo Fosco.

Q: And do you know whether MR. Serpico was

elected at convention or was he elected by the

General Executive Board?

A: He was elected by the General Executive

Board in 1984.

Q: Who nominated him for that position?

A: I' m not sure.

Q: Would it normally be the prerogative of

the General President to make a nomination to fill

a vacancy on the G.E.B.?

A: Yes.

Q: When did you hear about Mr. Serpico next,

after 1984, when you heard that he had become

a vice president of LIUNA

A: 1985, when he testified before the

President's Commission on Organized Crime

a: What do you recall hearing about his

testimony before the President's Commission on

Organized Crime?

A: Allegations of ties to Mob figures in

Chicago.

HEARING OFFICER VAIRA: What were you at the

time Mr. Coia? What position did you hold in the

union at the time?

THE WITNESS: I was an International

representative. ;

HEARING OFFICER VAIRA: Working out of?

THE WITNESS: New England region.

BY MR. LUSKIN:

Q: Now, in 1985. when you heard the

allegations that Mr. Serpico was associated with

organized crime did you personally have any way of

knowing one way or another whether those

allegations were true?

A: No. I didn't formulate any

determination of whether they were true or false.

Q: And you had no personal information

about him at that time?

A: No, I did not.

Q: Now, over the nest four years, what

contact, if any, did you have with Mr. Serpico?

A: Well in 1986 convention, which was held

in Miami, and then from there, probably two or

three times a year up through 1989 at either

Executive Board meeting or meetings, or a

conference.

Q: And you weren't a member of the General

Executive Board then, were you?

A: No.

Q: How would you come to attend General

Executive Board meetings?

A: I attended the Board meetings, I

accompanied my father, that was from 1987 through

1989.

Q: And your father was a member of the

General Executive Board,

A: Yes. He was a General secretary/treasurer.

Q: Did there come a time when you wanted to

succeed your father to the General Executive Board?

A: Yes.

:Q: When was that? Mr. Coia?

A That was in 1989. My father was

seriously ill. For his benefit and the health

reasons. I thought it would be best if he would

retire and enjoy some years that he had.

And I thought that I would like to get

on the Board myself.

Q: And what did you do about the

possibility of succeeding your father?

A: I contacted the General President

Angelo Fosco.

Q: And when was this as best you can

recall?

A: Either in the later part of December of

1988, or the first week in January of 89 in that

vicinity, in that time frame.

Q: Did you call him on the telephone or

did you come visit him personally?

A: I spoke to - I called him on the phone

and asked, that my father was ill ,was thinking of

retiring and I wanted to speak with him.

So I went to Washington and spoke with.

him personally.

Q: What do you recall - how long between

this phone call did you come to Washington to meet

with Mr. Fosco?

A: A couple of day, later.

Q: Tell me what you can recall about the

:meeting in Washington, what you said to Mr. Fosco

what he said to you.

MR. LYDON: Can we have a foundation as to who

else was present.?

BY MR. LUSKIN:

a: Was anyone else present at this meeting

with Mr. Fosco?

A: W hen I met-

Q: When you met with him in Washington

A: No; just myself and Angelo Fosco.

Q: Okay. Can you recall what was said at

that meeting?

A: Yes. I explained to him that my father

was sick, wanted to retire and that I would like

to come on the Board.

C: What did Mr. Fosco say in response?

A: He said that, well, he as generally

supportive of that position. He acknowledged the

work that I had been doing in New England.

He said but he would like me to contact

John Serpico. I want you to talk to him and I'll

talk to some other Board members myself.

Q: And did Or. Fosco identify anyone other

than Mr. Serpico that he wanted you talk to?

A: No. He said he wanted me to, he said,

call John Serpico and then you can get back to me.

Q: And did you in fact after- was there

anything else said at this meeting that you can

recall by you or Mr. Fosco?

A: Well I thanked him for his position of

support .And that was basically it. That was

basically it.

Q: Was the idea, to be clear, that you

would become the General secretary/treasurer and

not simply vice president.

A: I expressed to him that I wanted to

succeed my father in his role as General

secretary/treasurer.

Q: And he was he supportive of that?

A: Yes.

Q Now, did you in fact call John Serpico

as Mr. Fosco recommended?

A: Yes.

Q: How long after your meeting with Mr.

Fosco did you all Mr. Serpico?

A: It could have been the same day or the

next day. It was very close timewise.

Q: What do you recall about that telephone

conversation? What did you say to Mr. Serpico?

A: I told him that I had spoken to Angelo,

that my father had wanted to retire, he was sick,

and I wanted to succeed him, and Angelo told me to

call him.

And then John said he would get

back to me. He called me two or three days later,

and told me to come to Chicago.

Q: Can you recall anything else about

either of those two conversations?

A: No. We made a date to meet in Chicago.

And I came in to O' Hare Airport and met John

there

Q: Did you know what the purpose of the

meeting in Chicago was to be?

A: He just told me over the phone that he

wanted to see me in Chicago, and I came..

Q: Based on that conversation did you know

where you would be meeting or who you might be

meeting other than Mr. Serpico?

A: No.

Q: You say you did go to Chicago?

A: Yes.

Q: How long after this second phone

conversation did you travel to Chicago?

A: Probably two days, three days after

that.

Q: Plane Lands in Chicago you get off the

plane. What hoppers next?

A: John meets me at the gate where I came

in. the jet way. And from there -

Q: Was he by himself? I'm sorry. Was Mr.

Serpico by himself when he met you at the gate?

A: Yes.

Q. What happened next'

A: Well then we walked from the gate

through the airport, then we stopped at an area

where there was a little coffee shop. And he said

I want you to meet a friend of mine.

Q: You were still in the airport?'

A: Yes in the airport area, the concourse

area.

Q: And what happened next?

A: He said to me I want to - I want you

to meet a friend of mine and he is sitting over

there: and brought me over to this person.

Q:: And was this a person you recognized.?

A: No.

Q: Were you introduced to this person?

A: Yes.

Q: Who did Mr. Serpico tell you is the

person you were meeting.?

A: Vincent Solano.

Q: Can you tell me what happened next?

A: I went over to the table and he

introduced me and at that point Solano told me

to sit down and told John to leave us alone and

to walk over to another area.

Q: Did Mr. Serpico in fact leave you and

Mr. Solano alone?

A: Yes. he did.

Q Did he disappear completely from sight

or did he stay in this coffee area?

A: No. He was in the coffee area but out

of hearing lengths

Q: What happened next?

A: Well. I sat down. and Solano asked me

how my father was. He said, I understand he's ill

and I understand also that you are coming on the

Board. And I said yes.

Then he said to me I want you to

understand this, that John Serpico will be the next

General President of this union. He pounded on the

table and pointed over. He says, we're grooming

that man there to be the next General President.

He said it quite emphatically. and -

Q: What else, if anything ,did he say to you?

A: That was about it really.

Q: What was his manner in this conversation?

A: Well his demeanor and manner was

forceful. He told me. He was emphatic about it.

And it was a statement that he made to me. And I

didn't answer it.

Q: Did he indicate to you in any manner

why and I think his words were Mr. Serpico, we

are grooming Mr. Serpico to be the next president?

Did he explain why at all?

A: No, he didn't say why. It was

forceful. It was not in a position of - it was a

position of telling me. There was no reasons or

answers or questions to be delivered at that point.

Q And did he indicate who "we. were?

HEARING OFFICER VAIRA: Who's we?

MR. LUSKIN: "We".

HEARING OFFICER VAIRA: Oh the term .'we.'

I'm sorry.

MR. LUSKJN: Yes.

BY THE WITNESS

A: I understood it to mean it wasn't union

politicking that we were talking about here.

I had heard of Solano through the

organized crime committee's reports. The whole

thing which I indicated earlier came to be a

reality in a sense ,with Serpico and Solano, and

me sitting there. And the rumor issue became a

reality.

BY MR. LUSKIN:

Q: Now, what if anything did you say in

response to what Mr. Solano said to you.?

A: I didn't say anything in response.

As a matter of fact, at that point, he

called John back to the table, and may have talked

about the weather very casually; really got out of

there. That was it. He dismissed the both of us

We got up and we left.

Q: How long in total did you spend sitting

with Mr. Solano privately?

A: About five minutes.

Q : And what happened after that.?

A: Well he got up. We left, said

good-bye. And I went to the - or John and I

left .And we went to the ticket counter. I got a

ticket back to go to Rhode Island.

Q: Now how long were you in Chicago

total?

A: Probably an hour and a half to two

hours. I mean. by the time I got a ticket back and

got the next plane back.

Q Now did you and Sir. Serpico have any

conversation at all about your succeeding your

father to the Board while you were there in

Chicago?

A: No, not really. He inquired again about

the health of my father and basically he would

get some support of other Board members, told me to

get some support from Board members, and he would

get back to Angelo.

Q: Now based on the circumstances of this

meeting at O'Hare Airport here in Chicago, did you

form an understanding of who was in control of the

circumstances?

A: Yes I did.

a And what was that based on.?

A: Based on the way it as presented to me

The way he told John to leave the table, to leave

us alone, the way he called him back ,that this

his show. I'm talking about Solano. The way he

got up abruptly, it wasn't like, you know, thank

you Mr. Coia for being here and any niceties. It

was, okay time's up ,and the show is over.

Q: Did you know what position Mr. Solano

held within the union at that time?

A: I'm not sure if I knew at that time.

but I'd have to say he was either a president or

business manager of one of the locals in Chicago.

Q: And Mr. Serpico was an Lnteruational

vice-president?

A: Yes.

Q: Did you have any doubt at all about who

was in control of the situation?

A: Not the way it came down, no.

Q: Did you also reach an understanding

about the purpose of this trip to Chicago which you

just made?

A: I was brought into this meeting to tell

q me that, here I'm coming on the Board and John

Serpico will be the next president

Q: And did you form an understanding of

what Mr. Solano meant when he said that we, or

Chicago, were grooming Mr. Serpico to be the next

president., `

A: I understood that the scenario that

developed ,again, the demeanor, the emphasis that

was placed on the words, the rumor of the organized

crime committee report ,the whole thing became a reality.

It was something- I don't know-

like out of the movies. That is what I would have

to describe it as.

Q: When you say the rumors became reality,

what conclusion did you draw about what had just

happened?

A That I was told that he was going to be

the next General President. That's the way it

was. It was a matter of fact; and that the issues

that developed out of that Crime Commission was a

reality, that this group of people were controlling

the show.

Q: And did you form a conclusion based on

that meeting about whether Mr. Fosco was aware of

the circumstances that you encountered in Chicago?

A: Right. After that meeting I formed a

conclusion. He directed me to John Serpico. John'

Serpico directed me to Vincent Solano. And I'm

going back to Angelo Fosco.

So the conclusion that I formed was that

the, there was- everyone was aware of this

particular meeting but only me, before I got

there.

Q Despite the fact that you had come to

the conclusion that the rumor about Mob influence

in LIUNA was a reality ,as you put it, did you

decide nevertheless to go ahead and try to assume a

seat on the General Executive Board?

A: Yes I did.

Q: Would you tell me why?

A: Well I came to the conclusion that

there were a lot of good people in the union, that

there may have been some bad apples here and there

but generally speaking, there were a lot of good

people and a lot of good people on that Board.

And the union should go forward to do

what it was supposed to do in good ,which in most

instances it was

Q. And did you form any kind of strategy

about how you were going to pursue that goal?

A: Well not then. I didn't form any

strategy.

My next - I had to in fact get elected.

Q: Let me stop you then, and ask you what

happened next. Let's try and get back on track

here.

Were you subsequently elected to be

General secretary/treasurer?

A: Yes. A couple weeks later, maybe two or

three weeks later. The Board met in Florida. My

father submitted his letter of retirement. And the

Board elected me unanimously. That was on February

11 or 12 of '89.

Q: On becoming General

secretary/treasurer - let me stop you for a

second, and ask you if you can describe for me the

duties of the General secretary/treasurer of

LIUNA

Well, they are limited. They basically

handled the books and records and monitoring the

financial issues.

The general day-to day operation of the

union were in the powers of the authority of the

General President.

General secretary/treasurer monitored

the investment of the union, auditing program.

So they were limited to the financial transactions,

, I'd have to say.

Q: Now you testified a minute ago that

based on this meeting in Chicago, you got the word

from Mr. Solano, you formed the opinion that the

allegations about Mob control of LIUNA were

essentially true, is that right?

p ~ A: Well there were a lot of good people in

LIUNA. Mob control at the General President level,

yes.

Q: Well, and my question is, what if

anything on becoming General secretary/treasurer

did you do about that?

A: Well, I did a lot. I did a lot,

especially from 1989 to the middle of 1992.I

first went down to Washington and got a picture of

the - or lay of the land, as we would say,

'structure of how Internaconal headquarter was

laid out. people, departments, how they ran;

developed a program on some of the things that I

thought were, could make the organization more

efficient, spoke to Angelo Fosco about that.

I developed or analyzed the regional

office structures, specific regions in particular,

brought forward some new innovative programs that

make the union more open, especially in labor

management and training and education, health and

safety.

I also hat to direct certain priorities,

to have the members more informed and communicate

better with them, make the membership and the

regions and the district councils more aware of

what my abilities were. I was younger then, you

know, back around 1989; had to develop a certain

level of respect for the - from the people at

headquarters, department heads, certain level of

respect from the people in the field.

, And in that time and in that process, I

paid close attention to the individuals that were

employed by us in the field, our International

representatives, and also the regional offices.

Q: Let me stop you there.

A: I made -

Q: Sorry.

A: You know why? Because this is a process

that developed from '89 to '92.I did that, and at

the same rime tried to develop a respectful and

energetic rapport with the General Executive

Board.

It was, almost tried to politic, because

I just, I mentioned to you this 1989 meeting, and

either myself or someone else on that Board had to

be put in the position of assuming the General

President's role, because we, "we" meaning the

union, the members, could not afford to have anyone

that was outlined in that Commission's report head

this organization.

We had a cloud on the organization for a

long time, very long time. And that hampered our

organizing efforts. That hampered our collective

bargaining issues. It hampered our abilities to

get federal grants,

So we needed someone in a General

President's role that could carry that message

forward, and not be hampered by a cloud of

suspicion, and dealing with organized come figures

or undesirables. That could not be.

So I set out for a program to make the

Union better in one respect, and to politic, so

that in the event Fosco retired, or decided not to

run again, that someone, either my or someone

else would be in position to assume the

President's role, and not John Serpico.

Q: Now, during this time period, 1989,

1990, when you first got down there as General

Secretary/treasurer, did you have relatively close

contact with Mr. Fosco?

A: I did.

a: Did you ever raise with Mr. Fosco the

concerns you had about organized crime influence?

A: I did. I told -

Q Tell me when it happened.

A: I told him that this organization has

been under a cloud for a long time.

Q When did this conversation tactic place?

HEARING OFFICER VAIRA: Can you tell us

approximately when this first came up?

THE WITNESS: Well, I first of all got my feet

implanted in the position as General

Secretary/treasurer.

When I got there, my first conversations

with him about trying to develop new programs, new

structure, ways of minimizing any undesirable

effort on this union, probably six months into the

office.

I pointed out to him that a better

updating or better auditing updating system should

be put into place; a compliance program. I learned

that there were people in the field that were doing

two jobs, where they weren't able to handle one,

getting paid for two. I brought this out to him.

And I also discovered in that period

that Mr. Serpico was assistant to the General

President. I wasn't aware of that before.

And I told him that, you should make an

effort to put someone else in that position,

someone like Jim Norwood or a Lou Ellysie or a Carl

Booker.

Q:: When did that conversation take place,

as best you can recall? Let's just focus on that

conversation.

MR. LYDON: And who else was present?

MR. LUSKIN: Well. I'll ask it. Thank you.

BY MR. LUSKIN:

Q When does it the place?

A: Well, I had a number of conversations

with him. The first conversation -

Q: When was the first conversation?,

A: - dealing -

Q:: About Mr. Serpico being - your concerns

about Mr. Serpico being special assistant to the

President ,.

HEARING OFFICER VAIRA: Roughly the period.

roughly.

BY THE WITNESS:

A: Probably four months later, which would

be four months from February.

BY MR. LUSKIN:

Q: Was anybody else present when you were

talking to Mr. Fosco?

A: No, not then.

Q: What did you say to him?

A: I said to him. I didn't realize that

John was the assistant to the General President,

Q And when did that take place.?

A: And he told me that that was around 1987

or 1988, in that time frame.

Well, I said, why did that take place?

Because you know what developed in the Commission's

report. You know what the problem is in Chicago.

Why did you allow this to happen.? You are only ,

putting us under a cloud more by doing this.

Q: What did he say in response?

A: He said, well, it had to be like that.

Q: Did he explain?

A: No.

Q: - why it had to be?

A: No. And I didn't go into it any more

either at that time.

Q: Now, in these first several months, were

there any other matters related to the possibility

of organized crime influence that you raised with

Mr. Fosco?

A: Well, as I was going through and

developing the regions or reviewing the regions,

we pointed out there was special International

representatives, which are part timers.

Q: Let me stop you and ask, are those

International positions, people paid by the

International?

A: Yes.

Q:: Go ahead. I'm sorry to interrupt you.

A: I'm sorry. I lost my -

Q: I asked you, you were starting to tell

me that you found that there were positions,

part-time positions called special International

representatives.

A: Right. They were special International

representatives, which we, which were classified as

part timers. There were no records of any activity

being developed.

I told him, I said, these people are

basically no-shows. How do you allow this to

happen?

Q: Who were these people, And where were

these people?

A: Well. the time, we are into the end of

89. Frank Caruso was one. And I believe another

one was Palermo, Palermo. As time went on, others

were hired: and the same problem or the same

conversations I had with him.

Q: Okay. But focusing on these first two,

Palermo and Caruso, did you believe these to be

no-show jobs?

A: I did. yes.

Q: What did you say, if anything, to Mr.

Fosco?

A: I told him, how come they are on our

payroll?

Q: Was anyone present when you raised this

with him?

A: No.

Q: Anyone else present?

A: No.

Q: What did he say in response?

A: He may have been silent. I'm not even

sure he gave a response to it. It is tough to

really remember that

Q: Did you raise this issue with him on

more than one occasion?'

A: In 1992, on the no-shows, again, after

the convention, at that time, there was another

individual put on without me even knowing it, which

was John Matassa.

And I told him then, how come this

fellow is, you just put him on, when it doesn't

have the right appearance? If they are not doing

anything, this is wrong.

He said. well, I was told to put him on.

Q: Did he tell you who told him to put him

on?

A: No.

Q: Are Mr. Palermo, Mr. Caruso and Mr.

Matassa all from Chicago?

A: Yes, yes.

a: Now, moving ahead to 1991, the next

convention, after that, when is the next time, if

at all, that the subject of Mr. Serpico possibly

succeeding Mr. Fosco came up, that you can recall?

A: Right after the convention; well, the

first part of 1992.The convention was in

September of '91. So first part of '92.Angelo

started to talk about retiring, and just casually

talking about it.

And then the subject really blew up in

the middle of '92, when one day I was in the

office, and Carl Booker come to speak with me, and

said that -

MR. LYDON: Can we just stop here and get a

foundation for this conversation, as to who was

present,

HEARING OFFICER VAIRA: Give us an idea of

where it is, and roughly what time.

(2 MR. LUSKIN: Sure.

BY MR. LUSKIN:

Q:: Let me ask you, where did this

conversation take place, Mr. Coia?

A: In my office; he came down or came up

from his office.

HEARING OFFICER VAIRA: This is in D.C., sir?

THE WITNESS: This is in Washington, yes.

BY MR. LUSKIN:

Q: In the headquarter of LIUNA in

Washington?

A: Yes. My office was on the seventh

floor. He came to my office, and said to me that

Mary, which was-

MR. LYDON: Is there embody else present.?

BY MR. LUSKIN:

Q: Is there anybody else present?

A: Carl Booker and myself.

HEARING OFFICER VAIRA: Mr. Coia, who is Carl

Booker?

THE WITNESS: Carl Booker?

HEARING OFFICER VAIRA: What was his position

at the time?

THE WITNESS: He was director of jurisdiction.

BY MR. LUSKIN:

Q:: Did Mr. Booker also function in a

de facto capacity as an assistant to Mr. Fosco?

A: He wasn't - there was no formal title.

His formal title was director of jurisdiction. But

he helped him

Q: But were those responsibilities that he

actually exercised?

A: Did that and he had an assistant by the

name of Steven Hammond. So Carl's real job was to

answer the mail for Angelo and work with Angelo.

Q: I'm sorry. I broke your train here to

establish this foundation, but we have to do it.

Mr. Booker came to your office on the seventh floor

at headquarters in-

A: That is what I said. I don't know if he

came down, because he may have been upstairs with

Angelo, which is, his office was on the eighth

floor. Or he may have been in his office on the

fifth. I'm not sure.

a: He came to your office?

A: He came to my office. He came up or he

came down.

Q: He ended up in your office is that fair?

A: He came to my office yes. And he said

to me that Mary, Mary Devella, which was Angelo

Fosco's secretary was very upset and may have

even been crying, because Angelo told her that he

was retiring and that she had to leave also;

further went on and said that the reason is that he

told Mary that John Serpico would be replacing him

as president, and he would be taking his secretary,

or people down to take her job.

Q: Is that all that happened in this

conversation?

A: That's basically it, yeah. So I

immediate -

Q: What did you do?

A: I was very disturbed over it because I

had had these conversations with Angelo. He knew

my feelings. He knew what the problem was.

So I went upstairs, spoke to Mary and

said that, did he just tell you -

Q: Was anybody - let me stop you. Was

anybody else present?

A: May have been Carl. I'm not sure. But

I stormed upstairs, went in to see Mary; did he

tell you that he was retiring, and John was

replacing him?

Q: What did she say?

A: She said yes.

Q: What did you do next?

A: And he is taking some people down from

Chicago? She said yes.

I went in to see him at that point and

closed the door and started yelling at him

Q: Was anybody else present?

A: It was just me and him. Maybe Mary

heard it - I'm not sure - because her office is

right outside. But I was yelling at him

Q: What were you yelling about.?

A: That this is - first of all, I asked

him did you tell her that you were retiring, and

rot that John was replacing you., He said yes.

Then I said you know the problems that

this union has had in the past, you know the

problems you personally went through back in 1980;

how can you allow, even think of bringing John

Serpico and replacing you in this position?

Q: Let me stop you for a second here. What

problem, in 1980 were you referring to?

A: There were accusations and allegations

and ultimately indictment on Angelo that he had

been controlled by the Mob in Chicago.

Q: Okay.

A: So I said, with all these problems that

you had and this union has had .you cannot do

this. Do me a favor I said to him, stay in your

job. I'll do your work. I' m not going to get into

this.

He says, well, I can't really do that

because I have no one to turn to in Chicago

anymore. I said, well, what are you talking

about? He said, well, Vincent Solano is dead now.

I said, well, I didn't even know that. That was

the first time I had heard that. So he had said,

well, he is dead. I have no one to turn to.

I said, look: just stay here and I'll

do the work for you.

Q: Did you underhand, did you have an

understanding about what Mr. Fosco meant when he

said to you, Vincent Solano is dead I have nobody

to turn to?

A: Right

Q: What did you understand that to mean?

A: That his contact man, Solano, was no

longer around, and he had no one to turn to, and

someone else was calling the shots, which he did

not have a friendly relationship with,

Q: Contact with whom?'

A: The Mob.

Q: Was he referring you think to the

District Council or the local unions in Chicago?

A: No, no, no.

Q: What else, if anything, did you say in

this conversation?

A: That was, I said we have done so much,

I've tried to do so much in the union, and here you

are, trying to take it down, and I'm not going to

stand for it. As a matter of fact, if that is, and

you can convince the Board to have him succeed you,

I will quit. And I will take the key people in

this organization in this building back to New

England with me. And that was a seeking out people

like Carl Booker or Steve Hammond, people that made

the operation run effectively.

And that was the end of the conversation

at that point.

Q: Is that everything you can recall that

you said or he said?

A: I think so. He just sat there and

listened to me. I was very upset with him. I was

banging the table. I said this, you can't do

this. You can't do this to these people. You

can' t do it to people like Booker and Ellysie and

Hammond and the rest of the people down there. You

just can't.

Q: And apart from his comment about Mr.

Solano being dead, did he say anything in response

to this?

A: No, no.

Q Now after you left his office that day,

did you form some sort of strategy or plan about

how you were going to deal with the threat that Mr.

Fosco would retire and designate Mr. Serpico as his

successor?

A: Well, I'd have to reach out now to the

Board, and subtly. I didn't tell anybody what

happened, the way it happened

I said that he is anticipating retiring

and what their position would be, subtly.

But about a month or two, month after

that, he got sick: Angelo Fosco got sick, might have

been a month or two after that

And I had learned from the family that

he was very sick, very sick. There was rumors

around that he may not ever come back to the office

again; he was that ill. At that point -

Q Did that lead you to believe that things

might be imminent in terms of his succession?

A: Yes. I stepped up the politicking

issue. I informed the Board that he was very ill.

I didn't want to make anybody panic over it. But I

started the - I had to tell them also, because I

didn't want anyone to pull any rugs out from under

anyone.

So it was a process of him or his health

deteriorating; that's it.

Q: And you say this is - when was this in

time, just so we are clear on the sequence?

A: .November.

Q: Of 1992?

A: '92, yes. November.

Q: What happened next, if you recall?

A: Well, I was getting reports or rumors,

whatever, statements back from Chicago on the

condition of his health, both from the family and

others.

Q: What were those reports?

A: That he was doing poorly, very poor.

Q: What else did you hear, if anything.?

A: That he we going into the hospital. He

was at one time in a coma. I also heard that John

Matassa and John Serpico were going to the house.

MR. LYDON: I'll object. unless we have some

foundation for this as well. Even though it is

hearsay, we ought to know where, when, who was

present

MR. LUSKJN: I'll try and connect up the dots

MR. LYDON: Wait. It is better than

connecting up the dots. I'm asking for a

foundation. He is starting to relate a

conversation that he heard. Where did he hear?

Who was present?

HEARING OFFICER VAIRA: I think that's fair.

I think it is fair to describe it, in what fashion

he heard. We can certainly hear hearsay, if it is

third-party, rumors, so forth, at least identify

where it came from.

BY MR. LUSKIN:

Q: With respect to what you are about to

start telling me and start to say something about

Mr. Matassa and Mr. Serpico. whom did you hear

those reports from?

A: Well, Carl Booker had a close

relationship with the family. So Marie Fosco was

relating as to his health condition to Carl, and as

to visitors.

I had gotten information back also from

Bruce Monaco, not to me directly, through either

John LeConche. who was a training director for

Laborers/AGC and Lou Ellysie.

Q. Who is Mr. Ellysie?

A: Lou Ellysie was a head of a department

down in Washington. He was head of contractual

maintenance department.

Q: Tell us who Bruce Monaco is, by the

way.

A: Bruce Monaco is Angelo's or was Angelo's

stepson. Now, I don't know. I heard that they

were going there. I don't know the amounts of

time, how often.

MR. LYDON: He heard this from all of these

people?

THE WITNESS:

Yes.

MR. LYDON: Or who specifically here?

MR. LUSKIN: Let me ask a question.

HEARING OFFICER VAIRA: Direct him and have

him delineate, if he knows.

BY MR. LUSKIN:

Q: First, what did you hear from Mr.

Booker, from Marie Fosco though Mr. Booker,

about -

A: You have to understand, these people

are very concerned, not only of the health of

Anglo Fosco, but they were concerned about the

future of the union. Carl Booker -

MR. LYDON: I object to that. This is not

responsive to the question. I can't just let him

narrate here.

HEARING OFFICER VAIRA: I understand that.

BY THE WITNESS:

A: But people

HEARING OFFICER VAIRA: He has to give a

little bit of background as to the, as I understand

it, the person's health is deteriorating, and he is

getting reports.

It is in this context I think he is

giving this. Now, without going into something

elaborate, could you direct it, so we can get to

transmission of the information?

BY MR. LUSKIN:

Q: Sure. What were you hearing, first

focusing on Mr. Booker, what were you hearing back

from Mr. Booker that he related to you that he was

hearing from Marie Fosco, Mr. Fosco's wife? What

did you hear?

A: He would talk to her daily, to find out

Angelo's condition. And he would report it to me,

because in a sense, I was running the union in that

position. I had to know where, what condition he

was in. I had to know that. And he would report

back to me.

Q: And apart from Mr. Fosco's health, what

else did you hear from Mr. Booker?

A: That John Matasssa and John Serpico were

visiting him often. And that concerned me.

Q: Why did it concern you?

A: Based upon Angelo's statement a few

months earlier, and based upon the 1989 airport

meeting, it concerned me.

Q: Now, did you hear- now, focusing on

what you heard from Mr. Monaco, through Mr.

LeConche or Mr. Ellysie, were you hearing similar

reports from them to what you heard back from Mr.

Booker?

MR. LYDON: I object to the leading. You can

have him relate what he heard from these people.

BY THE WITNESS:

A: Well, it wasn't similar really. It

wasn't similar.

BY MR. LUSKIN:

Q: What did you hear?

HEARING OFFICER VAIRA: What did you hear?

Just differentiate, what did you hear from Monaco?

What did you hear from LeConche?

MR. LUSKIN: I think he said Monaco was a

source, and that was through either Mr. LeConche

or Mr. Ellysie.

BY MR. LUSKIN:

Q: Is that correct?

A: Yes. I didn't speak to Monaco

personally. Monaco gave updates to LeConche on a

few occasions, he gave updates as to health;

Ellysie and Mazza also. Mazza was the regional

manager in Chicago. He would give me updates as to

the condition of Angelo.

Q: And either through Mr. Monaco or from

Mazza, did you also hear anything about visits

by Mr. Matassa and Mr. Serpico?

A: Yea.

Q : What did you hear?

A: Who said what at what time and how many

times, this was a general, general conveyance to

me, as to health and as to politicking, that was

getting back to me, so that these people know that

I knew what was going on.

Q: Did there come a -

A: Some of it wasn't solicited. Some just

came in on their own accord.

Q: Did there come a time in this period,

November or December of 1992, that you actually

went to Chicago yourself?

A: Yes, during Christmastime.

Q: Christmas of '92?

A: I went to see Angelo myself. His

condition got somewhat better, somewhat in the

sense that he was in the hospital. He wasn't in a

severely critical state. But he was in a terminal

state. I don't know how to explain that. I'm not

a doctor. But he was doing better but not good.

I went to see him

Q: He wasn't going to recover, would that

be fair?

A: Yes, that's right.

HEARING OFFICER VAIRA: Mr. Coia, who's

running the union at this time?

THE WITNESS: Me.

HEARING OFFICER VAIRA : Is that by terms

of your office succession as General secretary or-

THE WITNESS: No. I assume it - I was

running it, I mean but there is no provision in

the Constitution at that point.

HEARING OFFICER VAIRA: Political reality, you

assumed it.

THE WITNESS: Yeah.

BY MR. LUSKIN:

Q: Had you in fact been assuming a lot of

responsibilities of Mr. Fosco in the preceding

months?

A: that was okay, because I indicated to

him, if he wanted to - do not retire, and I would

do his duties for him It just so happens that two

months later, he became ill.

Q: So if I understand ,you actually offered

to him, if you stay on, I'll do the job?

A: Yes, that's right.

So I went to, I was in- I came to

Chicago to visit him in the hospital. It was

during Christmastime.

Q: Was anyone else present?'

A: Yes.

Q: Who was present.?

A: .Marie Fosco, and Terry Healy, and I.

HEARING OFFICER VAIRA: Mr. Healy is a union

official here in Chicago?

THE WITNESS: Yes. He is the new regional

manager in Chicago. He replaced Joe Mazza.

BY THE WITNESS:

A: They were there. And when I got into

the room, Angelo excused there. He wanted to talk

to me privately. So they left the room

And the first thing he said, I want you

to know, Arthur, that John is taking over. And in

the same breath, Peter Fosco will replace John as

vice-president, which is my son, and Terry Healy

will be the regional manger.

And the amazing thing is, he didn't give

me a chance to say, how are you, how are you

feeling, how is my family. I mean first thing out

of his mouth was, John is taking over.

BY MR. LUSKIN:

Q: Did you say anything in response?

A: Yeah, I said, Angelo, you're crazy.

You know I will not go along with that. I will not

permit it. And as I told you before, if that ever

happens. I have to quit.

And by the way, I didn't want to upset

the man. I said, why don't you concentrate on

getting better, and we'll discuss it another time.

I stayed there about another 15 minutes, and then I

left.

Q: And in the other 15 minutes, did you

have any other conversations on this subject

matter?

A: No. It would only- it - too

emotional. I didn't want to get into that.

Q: Now, focusing on the period of time

between Christmas of '92 and the General Executive

Board meeting on Mr. Fosco's death, which testimony

was established is in early February of 1993, what

if anything did you do concerning the question of

who would succeed Mr. Fosco as President?

A: I made some telephone calls to Board

members, told them his condition was bad; I saw it

firsthand.

I waited, as time went on, and the whole

board came to Washington for the Presidential

inauguration, which was I believe the second week

in January. I got the whole board there, spoke to

them individually, told them that it did not look

like Angelo was going to recover, and I would like

their support, if in fact he died. It wasn't a

question of, if in fact he retired. And they all

gave me a commitment.

Q: Did you solicit Mr. Serpico's support.'

A: No.

Q: Is there anybody else on the Board who

you didn't approach?

A: Mr. Vinall

Q: Why was that?

A: Well, I thought he was quite friendly

with Mr. Serpico.

He has been on the Board the longest,

and I didn't - I didn't think it was appropriate.

Q: Moving ahead to the G E.B. meetings in

February of 1993, did there come a time when you

heard that Mr. Fosco was actually going to leave

his bed and come down to those meetings?

A: The Executive Board meeting was the

second week in February, second week. .And he got

out of his bed and got a private plane to come down

to Florida. I couldn't believe it. That's what

happened.

Q: Why couldn't you believe it?

A: Well, the man was seriously sick. He

was blown up. It was, his whole body was distended

from fluid. He couldn't pass it. I mean, his

organs were breaking down.

If you seen a person that is sick with

cancer, or kidney failure, that is what happened.

Q: What significance, if any, did you

attach to his willingness to get on a plane and fly

down to Florida in that condition?

A: My significance?

Q: Yes.

A: He was coming down to gather support

from the Board to endorse John Serpico to replace

him as president.

Q: What happened next? Did he do that?

A: No, He died on February 11, which was

the third or fourth day of our meetings.

Q: When you heard about his death on

February l 1, what time of the day was that, Mr.

Coia?

A: Approximately 3:00.

Q: What did you do next?

A: Well, we had an office at the Americana,

which is like a cabana setup there. And most of

the vice-presidents were there. And those that

weren't, I sent someone out to get them, and told

them that he had died. Most had heard. And I

indicated to them that were - we would have an

election the next day to replace Angelo.

Q: So did you in fact have a meeting with

all the vice president members of the G.E.B.

present?

A: Yes, everyone was present, yes: told

them that there would be an election the next day.

I did that for a couple of reasons.

One, I did not want to, I personally did not want

to go back to Chicago to have an election after his

burial.

O: Why not?

A: There was a whole bunch of problems that

happened during Angelo's election in 1975. I don't

know if they were true or not. But they were

reported, that there was bad politicking going on.

And I didn't want that to happen.

Q: What do you mean by bad politicking?

How specific can you be here? What happened in

1975?

MR. LYDON: Objection, foundation, as to who

he heard this from and when.

BY THE WITNESS:

A: It is bad politicking

HEARING OFFICER VIARA: Time out. There is an

objection on the record.

What is your objection Mr. Lydon?

MR. LYDON: My objection is one of

foundation He is now alluding to a conversation

again or it has to be conversation He was asked

what he heard, I'd like to know where and when he

heard it, from whom, who else was present

BY THE WITNESS:

A: It was in the-

HEARING OFFICER VAIRA: Just a moment, sir,

just a moment.

MR. LUSKIN: We are going about his state of

mind here.

HEARING OFFICER VAIRA: He is talking about

his state of mind. He said he doesn't know whether

it is true or not. He said it is something he is

reacting upon. It is reasonable to as him, what

was this, quote, "bad politics," and how did he

hear it, to give it some credibility.

MR. LUSKIN: Of course.

HEARING OFFICER VAIRA: I think that ought to

be the question. Mr. Lydon wants a foundation, as

good as you can give a foundation, because he says

it is giving his state of mind.

MR. LUSKIN: I'll furnish as much of a

foundation as the witness can.

HEARING OFFICER VAIRA: Along those lines.

MR. LUSKIN: Sure.

HEARING OFFICER VAIRA: Rephrase your

questions.

MR. LUSKIN: Fine, that's fine.

HEARING OFFICER VAIRA: I have a question.

When you finish this particular conversation - it

is about 20 after 12, we are going to go the rest

of the afternoon - can we finish this

conversation and take a break? Is that all right?

MR. LYDON: Fine.

MR. LUSKIN: That is fine.

HEARING OFFICER VAIRA: Finish this little

scenario about his state of mind, what he heard.

Then we will break for about half an hour. I mean

an hour, okay?

MR. LUSKIN: Okay.

BY MR. LUSKIN:

Q: Mr. Coia, when you talk about bad

politics that you associated with Chicago and the

election of Angelo Fosco, what do you mean?

A: That was reported-that there was some

Mob influence in the President's Commission on

Organized Crime report that that went on in 1975.

I don't know if it was true or not. But

based upon everything that unfolded from me from

1989 to 1992. I placed some truth in that.

So I didn't want that to happen. And if

I was going to be elected the General President, I

didn't want that to be surrounding my tenure in

office, nor did I want to expose anybody on that

Board to any what I'd call bad politicking.

That is the No. 1 reason.

No. 2, Carl Booker was with the family

when Angelo died. He went there at my direction.

because it looked like he was not going to make

it.

And I asked him to inquire of the

family, which is Marie Fosco, whether they had any

preference of having the election immediately, or

wait after the funeral.

And she said that she would prefer to

have it immediately, so there would not be any kind

of distractions while the wake was going on and the

funeral.

HEARING OFFICER VAIRA: I think now we can

stop.

MR. LUSKIN: Okay.

HEARING OFFICER VAIRA: Off the record.

(WHEREUPON, the hearing was

recessed until 1:20 p.m., this

date,

May 19, 1995.)

OFFICE OF THE INDEPEDENT HEARING OFFICER

LABORERS' INTERNATIONAL UNION OF NORTH

AMERICA

IN THE MATTER OF )

JOHN SERPICO ) No.95-020

May 19,1995

BEFORE MR. PETER F. VAIRA, HEARING OFFICER.

MR. JAMES A. GEORGES


APPEARANCES:

COMEY, BOYD & LUSKIN.

2828 Pennsylvania Avenue. N.W. Suite 200.

Washington, D C. 20007-3763),by:

MR. ROBERT D. LUSKIN.

MR. DANIEL A. BRAUN.

appeared on behalf of the G.E.B.

WINSTON & STRAWN.

(35 West Wacker Drive, Chicago, 60601 9703),

MR. MATTHIAS LYDON,

MR. JOHN W. CHRISTOPHER.

appeared on behalf of John Serpico.

ALSO PRESENT

MR JOHN SERPICO

REPORTED) BY: MARY K.AY BELCOLORE. CSR.

Page 1110

ARTHUR A. COIA,

called as a witness herein, having been previously

duly sworn and having testified was examined and

testified further as follows:

DIRECT EXAMATION (Resumed)

BY MR. LUSKIN:

Q: Mr. Coia, when we broke for lunch, you

were, you had just finished answering the reason,

giving us the reasons why you wanted to hold the

election in Miami the next day, rather than

postpone it to Chicago.

After the General Executive Board

meeting that afternoon of the 11th, did you have

occasion to meet with Mr. Serpico that afternoon or

evening?

A: After I notified the Board of the

death -

Q: Yes, sir.

A: - and the election, I then had written

a formal notification, given to each Board member

at their hotel room, as to the time and place of

the election, which would be the following day,

which I believe was Friday, which was the 12th.

After the meeting- it wasn't a formal

meeting, I mean, everyone was there. I made an

announcement as to what was happening. I went to

the Fosco house, paid my respects. I went there

with my wife, and stayed there for a couple of

hours.

And then I had something to eat, and

then I came back to the hotel

Q: Did you see Mr. Serpico at any time that

afternoon or evening after this meeting?

A: He was at the meeting. Then after the meeting -

Q: After the meeting. yeah.

A: - this 'was around 8 or 9:00 at night,

when I came back to the hotel, I saw him in the lobby.

Q: Were you with anyone at that time?

A: I was with my wife, Armand Sabitoni, and Albert Lepore.

Q: Who is Mr. Sabitoni?

A: Sabitoni at that time was regional

manager of New England, and now he is a

vice-president and New England regional manager.

Q: And how about Albert Lepore? Who is he?

A: Albert Lepore is a friend of mine.

Q: Was Mr. Serpico with anybody, or was he

by himself?

A: He was alone.

Q: Did you two have a conversation?

A: Yes. I went over to him and we spoke.

He said that, I guess I got this all

wrapped up - meaning me - with respect to the

General Presidency and then he asked me, do you

think I could be General secretary/treasurer?

Q: What did you say in response?

A: I said no; Jim Norwood I would like as

General secretary/treasurer. And not only that, it

wouldn't be appropriate, John, to be

secretary/treasurer, again because of the history

that goes back to '86, '89, and the innuendo

allegations, that I had heard and then personally

experienced

Q: You said this to him?

A: Well, not in those kind of words. I

just said -

Q: Give me the words as best you can

recall.

A Oh, the words: no, you can't be

secretary/treasurer, there's too much baggage that

you have to bring to that position, for the union.

Those are the words.

Q: What if anything did he say in response?

A: He said that he would like to see me the

following morning, that he would like me to meet

with a friend of his.

Q: Did you ask-

A: I asked him what time. He said 7:00. I

said fine. I'll meet you then.

Q: Did you ask him then who that friend

was?

A: Yes.

Q: What did he say?

A: John Matassa.

Q: What did you do next?

A: Well. I then spoke to Armand and Albert,

and went over the conversation that had developed.

And the three of us decided that I would not speak

to the two of them together in the lobby the next

morning.

Q: Can you tell me why?

A: Because of the cloud around the both of

them.

Q: So what did happen the next morning?

Did you meet with Mr. Serpico or Mr. Matassa?

A: The next morning, Albert, myself and

Armand went downstairs in the lobby at 7:00, and

Matassa was not there. John said that he would not

be coming.

Q: Well, let me stop you there. Was Mr.

Serpico there?

A: Yes.

Q: Did you have a conversation with Mr.

Serpico?

A: Yes.

Q: Was anyone else within earshot?

A: No. I was talking-

Q: Was this a private conversation?

A: I talked to him alone. Armand and

Albert were just off to the side.

Q: Tell me what you can recall about that

conversation.

A: Well, he said that Matassa wasn't

coming, and that he would like to have a job with

the union. And I said, well, I have to think about

it. He says, well, I'd like to have a job, because

I'd like to build up some pension. I only want to

work a couple of years, until I'm 68. I said I

would think about it.

And he also asked me if Peter Fosco

could replace Jim Norwood in his Vice-president

position.

Q: What did you say in response?

A: I said no-that Jack Wilkinson-who has

been regional manager for at least 20 years, and he

had promoted all the programs, to doing a lot of

good things for his region, and that I am going to

support Jack Wilkinson

Q: Now, explain for me if you can, why

giving Mr. Serpico a job would build up his

pension. I' m not sure I understand that.

A: Well, he was making $20,000 a year as a

vice-president. And by giving him a job to add to