Election Travesty in Local 423

January 19, 1999


Subject: Fw: DOL monitored election in 423-refuses mail in ballots for members in nursing home

DOL-OLMS refuses to provide absentee ballots to LIUNA local 423 (Columbus, Ohio) members in nursing homes recovering from

injuries suffered in scaffolding accident, to members ( 4%) who live 100+ miles from Hall, members on unemployment who can not afford gas, members who have to go on reserve status, members who have attend funerals and weddings on January 30,1999. Special election called because members of Laborers for Justice protested ex felon's eligibility for office who ran on same slate as General Executive Board member Donald Haynie who was convicted of murdering a local 423 member in the same hall where DOL expects members to vote without fear.

Contact Jim McGough 847-202-3838 if you can help. Haynie got elected after being out of prison more than 13 years, Murphy was two months short of 13 years. Being an ex felon will win you office in 423 where barred union official Robert White (Racketeering offense guys) was recently seen in local 423 next to his buddy Vere Haynes, LIUNA GEB Vice President . That's right folks, individuals barred by the powerless, impotent DOL-OLMS go into local 423 and nothing happens when Laborers for JUSTICE report this to DOJ and the LIUNA GEB Attorney.


Organized Crime (LCN) forced Haynie's retirement from 423 in November 1998 when it learned DOL was going to have a special election and his baggage would hurt the chances of McGovern, Organized crime's replacement for Murphy. Local 423 announced Haynie's retirement at November meeting but did not announce special election. In early November, McGovern was given a union jacket and driven to work sites and introduced as Murphy's replacement. Corrupt local officials had McGovern passing out free turkeys to 800 union members prior to Thanksgiving. Did local officials tell these 850 members of upcoming election and reasons therefore. No. They were one step ahead of DOL-OLMS in making sure they stole another election.


Everything I report can be verified by DOL-OLMS crack investigators, if it has any.


The election in 423 is so tainted as to make one sick looking at it. McGovern was the recipient of largesse not provided to

protestor Al Dunning. The local 423 officials probably had the same "turkey scam" DC 37 had in New York.


Original Message

From: Jim McGough

To: Peter Vaira , LIUNA Election Officer

Cc: David Buvinger, AUSA ; Robert Luskin , DOL-OLMS (Washington and Cleveland)

Sent: Tuesday, January 19, 1999 4:17 PM

Subject: DOL monitored election in 423-mail in ballots for members in nursing home

I will fax this to you soon to make it official.

The LIUNA Election Officer can tell DOL-OLMS that mail in ballots are constitutionally permitted and in this case required. The LIUNA Election Officer has moral authority, not legal, over DOL-OLMS because you are paid to make sure our elections are free, fair, and honest. You have an ethical duty. DOL has a legal duty . Requiring 423 to perform the bare legal minimum to comply with law is unacceptable to LIUNA members.


Laborers for JUSTICE will not tolerate organized crime's influence in LIUNA Laborers for JUSTICE will not tolerate LIUNA's not informing the membership of information they need to know to exercise their right of self governance. Issue an order to LIUNA to publish your decisions on its web site and the Laborer magazine articles written by the GEB Attorney and Inspector general as a sign of reform as information relevant in the context of an election. The LIUNA reform team purports and professes to be in favor of reform -prove it with demonstrable action and less words is what the members of Laborers for JUSTICE say.

LIUNA Independent Hearing Officer/Election Officer


AUSA David Buvinger                                       

DRAFT Complaint

DOL-OLMS (Cleveland)

by Fax

Re: request for mail in ballots for Local 423


Dear Mr. Vaira;

On behalf of Robert Bush, member in good standing of local 423 now in a nursing home recuperating from injuries suffered from a fall from a scaffold, I hereby request that you issue an order to local 423 to provide an absentee mail in ballot to Robert Bush and to any other member of 423 who states that he desires to vote by absentee ballot. (Especially the 4% who Pat Fox of OLMS states live more than 100 miles from Columbus- recent elections in 423 have been decided by 17 votes and 4% of 1700 can decide an election)


LIUNA's constitution and election rules provide that any member shall be permitted to vote by absentee ballot shall be permitted to do so if:

1) Such member is unable to vote in person on election day during voting hours due to such member's work or vacation schedule , illness, injury, or obligation to serve jury duty or fulfill military obligations;or

2) Such member lives and works more than 35 miles from the polling place: or

3) For any other reason that the Election officer determines to be appropriate:


I hereby serve notice that your election orders of November 25, 1998 and Dec 4, 1998 will be appealed as well as the election procedures established and mandated by the Department of Labor-Office of Labor Management Standards in that they violate LIUNA's constitutions, Title 1 of the LMRDA, the due process clause of the 14 th amendment of the U.S. States Constitution, numerous U.S. Supreme Court opinions and are violative of the terms of the "Operating Agreement" signed Feb. 13. 1995 wherein the U.S. States and LIUNA agreed to "institute other reforms".


The contingent consent decree outlines the reforms LIUNA is to implement, one of which is the use of mail in ballots for union elections. As third party beneficiaries of this contract between the U.S. DOJ and LIUNA, I , Robert Bush, and other members of LIUNA expect specific performance of the agreed upon reform objectives.


The electoral politics of Local 423 are controlled and influenced by members of organized crime.(Peter Fosco) Members of the existing General Executive board consist of persons who have been convicted of murdering a local 423 union member in the very hall where you propose to conduct an election without threats, intimidation,perceptions of fear. Check with the Department of Justice and you will discover that Donald Haynie, Executive Board member on the same June 1998 electoral slate as convicted felon Murphy, is such a murderer. Both Haynie and Murphy were inserted on orders of Peter Fosco, an associate/member of organized crime . Having Murphy and Haynie on the same slate adversely Al Dunning's electoral chances contrary to what you found .


Contrary to what you assert in your November 25, 1998 order, neither Al Dunning or Darryl Smoot never retracted his complaint that Murphy was a felon and never stated that Murphy's conviction had only been a misdemeanor. Darryl Smoot states on oath that he provided the election officers with a copy of the court transcript that clearly showed Murphy's felony conviction and that Peter Fosco as well as his international representatives were likewise advised.


Contrary to your findings of fact, Article VI, Sec 4(b) does not cover special meetings of a local's general executive board for combining positions of Secretary/ treasurer and Delegate to the district council. That is covered by Article VI, sec 4(d). DOL-OLMS investigations will show, we contend, that the minutes were"doctored" similar to the doctoring performed by Hugh Arnold for Chicago Laborers District Council in the phony election for Joseph A. Lombardo, Jr.


Recently, LIUNA and DOJ extended the monitorship period. Reform minded members of LIUNA demand free, fair, honest elections and we formally request you to issue an order to DOL that absentee ballots be provided in a local union where the concept and practice of "Union democracy' is dead (Professor Summers testimony "Chicago Laborers District Council Trusteeship Hearings".

Check out the attendance records for a local with more than 1700 members and you will be fortunate to have more than 50 members attending any meeting- a practice which suits organized crime just fine because the less the members know how organized crime rapes the union, the less likihood they will be caught.


It is our position that the only officer automatically elected as a district council delegate is the local's business manager. Combinations of office have to be clearly announced to and voted on by the membership. This was not done at the nomination meeting of local 423 on April 29, 1998.


Local 423 disregarded  your order of November 25, 1998 that the membership is to be notified of the rerun election for delegate to District Council, unless you call posting your order on a door nobody goes through notification. None was told the reason for the rerun election (because organized crime inserts ex-felons on local 423's executive board and because reformers like Smoot, Motil, and Dunning caught them)


Return to

(c) All original work copyright 1998. All rights reserved..