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AN OPEN LETTER TO TEAMSTER LOCAL 377 MEMBERS Many of you have questions regarding the current situation at the Local 377 Offices in Youngstown and Ashtabula. The purpose of this letter is to give you information that the current Executive Board (DePasquale, Colello, Prosser, Lesicko, Zeh, Bonhoff and Averell along with Business Agents Campbell and Van Sickle) does not want you to know. At the General Membership meeting held on January 8, 2008, a motion was made from the floor requesting an informative letter be sent to the entire Membership from the current Executive Board, explaining the unusual circumstances that are affecting Local 377. This honest request was DENIED. The current Executive Board obviously controlled by DePasquale and Colello voted NOT to keep the members informed. Here are the facts that they don’t want you to know: 1) Charges were filed BEFORE THE ELECTION by member Randy Anzevino against DePasquale and Colello on August 9, 2007. Colello filed numerous motions to delay the process until he could steal the election. DePasquale and Colello were found GUILTY and CONVICTED by Joint Council41 on December 17, 2007. 2) Additional charges were filed BEFORE THE ELECTION on August 23 and October 2, 2007, against DePasquale and Colello by Bob Bernat. Colello continued to object and delay until he could steal the election. DePasquale and Colello were found GULITY and CONVICTED by Joint Council 41 on December 17, 2007. 3) Colello filed charges on September 25, 2007, against Anzevino, Bernat, Spencer, Norris, Broderick, Trina, Sandberg and Wood. These charges were found to have NO MERIT and were dismissed by Joint Council 41.

An Open Letter to Teamster Local 377 Members

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Page 1: An Open Letter to Teamster Local 377 Members

AN OPEN LETTER TO TEAMSTER LOCAL 377 MEMBERS

Many of you have questions regarding the current situation at the Local 377 Offices in Youngstown and Ashtabula. The purpose of this letter is to give you information that the current Executive Board (DePasquale, Colello, Prosser, Lesicko, Zeh, Bonhoff and Averell along with Business Agents Campbell and Van Sickle) does not want you to know.

At the General Membership meeting held on January 8, 2008, a motion was made from the floor requesting an informative letter be sent to the entire Membership from the current Executive Board, explaining the unusual circumstances that are affecting Local 377. This honest request was DENIED. The current Executive Board obviously controlled by DePasquale and Colello voted NOT to keep the members informed. Here are the facts that they don’t want you to know:

1) Charges were filed BEFORE THE ELECTION by member Randy Anzevino against DePasquale and Colello on August 9, 2007. Colello filed numerous motions to delay the process until he could steal the election. DePasquale and Colello were found GUILTY and CONVICTED by Joint Council41 on December 17, 2007.

2) Additional charges were filed BEFORE THE ELECTION on August 23 and October 2, 2007, against DePasquale and Colello by Bob Bernat. Colello continued to object and delay until he could steal the election. DePasquale and Colello were found GULITY and CONVICTED by Joint Council 41 on December 17, 2007.

3) Colello filed charges on September 25, 2007, against Anzevino, Bernat, Spencer, Norris, Broderick, Trina, Sandberg and Wood. These charges were found to have NO MERIT and were dismissed by Joint Council 41.

All of the above charges were filed before the election date of October 26, 2007. Despite this TRUTH, the slate led by CONVICTED members DePasquale and Colello, continues to spread the LIE that these charges were filed after the election. This is a lie fostered by the slate led by DePasquale and Colello.

DePasquale and Colello have been found GUILTY and CONVICTED of THEFT and RETALIATION against a member. Additionally, DePasquale was found GUILTY and CONVICTED of distributing fake OSHA cards.

Page 2: An Open Letter to Teamster Local 377 Members

• DePasquale received a 36 month suspension.

• Colello received a 24 month suspension.

Many true UNIONISTS believe this penalty was not severe enough and that DePasquale and Colello should be barred for life from the Teamsters. That decision is currently pending.

After the election counts on October 26 and 28, 2007, additional charges were filed concerning the conduct of DePasquale and Colello during the election. Both DePasquale and Colello were found GUILTY and CONVICTED by Joint Council 41 of tampering with the election through THEFT of Union documents, creating an UNFAIR ADVANTAGE for them and their ENTIRE SLATE. The Joint Council has ordered a new election at Local 377.

DePasquale and Colello have appealed their CONVICTIONS and have also appealed the re-run election ordered by the Joint Council 41. As part of the appeal process, General President Hoffa has ordered a STAY until the Joint Council 41 decisions can be reviewed by the International’s Executive Board. That review should take place in mid February, 2008.

The STAY simply means that the penalties are going to be reviewed and either upheld or dismissed. There is VIDEO EVIDENCE from the Local’s security cameras (and DePasquale’s testimony ADMITTING retaliation) showing THEFT and RETALIATION committed by DePasquale and Colello.

Our expectation is that General President Hoffa and his Executive Board will UPHOLD the GUILTY CONVICTIONS of both DePasquale and Colello and order a re-run election.

The current Executive Board does not want YOU to know what is happening in YOUR local. This letter is being circulated by concerned members to keep you informed of the TRUTH. Please share this important message with all your Brothers and Sisters of Local 377.

General President Hoffa has appointed Brother Patrick Darrow of Local 348 as his personal representative to keep a watchful eye over our Local during this difficult time.

Hopefully you have found this information helpful, please consider attending the next General Membership meeting held at the Union hall on:

Page 3: An Open Letter to Teamster Local 377 Members

Tuesday February 5, 2008 at 7:00 PM.

Fraternally,

Concerned 377 Members: Bob Bernat, Ken Norris, Jim Wood, Rich Sandberg,

Ralph “Sam†� Cook, Fred Reali, Doug Broderick, Gail Trina, and Scott Frommelt.

YOUNGSTOWN, Ohio (February 13, 2004) — In response to charges brought by hospital employees at Youngstown’s St. Elizabeth Health Center, an Administrative Law Judge (ALJ) of the National Labor Relations Board ordered Teamsters Local 377 union officials to end pervasive unfair labor practices against local workers. Enjoying free legal assistance from National Right to Work Foundation attorneys, the workers filed federal charges in 2001 against union officials for refusing to accept their resignations and for failing to properly notify them of their right to refrain from paying dues to subsidize union political activities.

In issuing the ruling, the ALJ effectively granted the case “class-action” status, determining that Teamsters officials had failed to inform all 900 workers in the bargaining unit of their rights. The ALJ’s order entitles all such workers to receive a refund on dues collected for political and other non-collective bargaining activities, with interest. In addition, all workers who paid dues for periods when no contract was in effect are entitled to full reimbursement of those dues.

“This ruling is an important step that holds some union officials in Ohio to account for trampling the rights of workers,” said Ray LaJeunesse, Legal Director of the National Right to Work Foundation. “However, as long as Ohio workers labor under a system of compulsory unionism, this sort of abuse will inevitably continue to plague workers across the state.”

Officials of the Youngstown-based union refused to accept employees’ written resignations from union membership and told employees that they must pay all “back dues” before the union would even consider their resignations. Union officials also demanded the firing of workers for refusal to pay dues, without first informing them of their right to become objecting nonmembers. Local Teamsters union officials also used payroll deductions unlawfully to collect dues for periods in which there was no valid forced unionism clause.

In an unexpected role reversal, the leaders of Teamsters Local 377 are facing accusations of unfair- labor practices from the local union hall’s two employees.

The conflict has resurrected political tensions at the union, which has been plagued by infighting for several years.

Page 4: An Open Letter to Teamster Local 377 Members

Local 377’s office manager Denise Sculli, who is still employed by the union, and former receptionist Michelle Sinkele have been embroiled in a contract dispute with union officials since March.

Sinkele was laid off temporarily in June for “economic reasons,” union officials said.

The two women, members of the Professional Office Workers union, recently filed charges against the Teamsters with the National Labor Relations Board. The claims accuse Teamsters officials of refusing to negotiate any renewal or extension of their contract, which expired in March, and of violating the terms of their collective-bargaining agreement.

The charges also state the Teamsters improperly laid off Sinkele.

Sculli, who has worked for the union for 26 years, noted that this is the first time the office employees have had trouble with their contract.

“We have never had a problem negotiating with the officers,” she said. “This is what unions are supposed to be all about — two parties coming to the middle and finding a happy medium.”

John Lesicko, secretary-treasurer of Local 377, confirmed that the union has decided not to renew its contract with the office workers. He said that union officials had issues with the language of the agreement, which was negotiated by the union’s previous leaders. He declined to provide specifics about the issues.

Lesicko denied claims the union had violated its contract with the office workers, adding he believes their accusations are “politically motivated.”

“They don’t like the union getting back on its feet,” Lesicko said.

Sculli and Sinkele have garnered support from several members and former officials of Local 377, including former secretary-treasurer Robert Bernat.

Page 5: An Open Letter to Teamster Local 377 Members

Bernat, who had the union’s top position for nine years, was ousted in 2006 by a slate that included members of the union’s current executive board.

That election was followed by two years of political infighting, which included a corruption case against two union officials who later were expelled from the International Brotherhood of Teamsters.

The union was placed under national trusteeship in 2008 until the most recent elections in 2009.

Bernat said his only motive is to provide support for longtime friends and employees whom he believes are being unfairly treated. He joined about 30 other members of the community at an informational picket Monday in front of the union hall at 1223 Teamster Drive to show support for Sculli and Sinkele.

“They have stood by us,” Bernat said. “I think it is a shame that these guys would treat them this way.”

Some union members said they did not think the office, which serves a membership of about 3,200, could run with just one office employee.

Bernat said Local 377’s treatment of its employees reflects poorly on the labor organization’s commitment to its core principles.

This is not the first time the Teamsters have faced the threat of unfair labor charges from its own workers.

Office employees at the International Brotherhood of the Teamsters’ national office in Washington, D.C. — represented by the Office and Professional Employees International Union — threatened to strike in August 2009 in response to IBT demands for pay cuts and decreased benefits.

IBT President James Hoffa Jr. said at the time that the labor dispute was an “embarrassment” to the politically powerful Teamsters union.

Lesicko dismissed the idea that Local 377 had acted against the Teamsters commitment to fair labor standards.

Page 6: An Open Letter to Teamster Local 377 Members

“I haven’t treated [the office workers] any differently than any company I have dealt with,” he added.

A Teamsters panel has suspended two men who were elected to top posts in Local 377 and ordered a new election.

Teamsters Joint Council 41 issued an order this week that suspended Ray DePasquale from being a union member or officer for three years and Chris Colello for two years.

The Cleveland-based panel upheld charges against DePasquale that said he handed out phony cards for safety certification, called a strike without proper approval, improperly removed a membership roster from the union hall and improperly removed or shredded a variety of other documents.

Charges that were upheld against Colello involved calling of the strike and improperly removing the membership roster.

In an October election, DePasquale unseated Bob Bernat as secretary-treasurer, the top position in the Youngstown-based local. DePasquale had been a business agent before the election. Colello was re-elected president.

DePasquale and Colello can appeal the suspensions. Neither could be reached but denied any wrongdoing when the charges were filed.

Bernat said he fired both men when he received the decision.

He said he's concerned the election problems will hurt the image of the local, which represents 3,800 workers in Mahoning, Trumbull and Ashtabula counties.

"The damage that they have caused will take years to repair," he said.

Page 7: An Open Letter to Teamster Local 377 Members

The joint council said a new election should be held as soon as possible and added that an outside representative could be appointed to assist.

Bernat said terms of the current executive board expire Dec. 31 and Teamsters officials could appoint a trustee to oversee the local until a new election is held.

The charges were filed by Bernat and union member Randal Anzevino, who had complained about the phony training cards being passed out to others.

Bernat said he noticed documents missing from the union hall during campaigning and set up cameras in the hall to provide surveillance after hours.

The ruling from the joint council said DePasquale had taken documents from Bernat's mailbox and a secretary's desk. Some documents were shredded inside the office.

Bernat said he thinks documents were taken in order to prevent him from adequately representing union members in negotiations with companies.

The joint council called the taking of the membership roster a serious offense because it is not to be used in campaigning.

Bernat and Colello were elected on the same slate nine years ago and have served together since. Before this year's election, however, Colello joined with DePasquale on a new slate called United Together.