August 5, 2005

By Fax and Mail
Warren S. George
International President
Amalgamated Transit Union
5025 Wisconsin Avenue, NW
Washington D.C. 20016-4139


Re: Local 1181 Election Protest

Dear International President George:

 In light of the recent indictments of Local 1181 President Salvatore Battaglia (“Battaglia”) and Local 1181 Secretary-Treasurer Julius “Spike” Bernstein (“Bernstein”), we write today, as members in good standing of Local 1181, and candidates in the recently held Local 1181 Officer Elections, to ask that the International Union assume jurisdiction over the pending challenges to the recent Local 1181 Officer Elections.


As you know, on July 28, 2005, Battaglia, Bernstein and Ann Chairovano, 1181 Pension Fund Manager, were indicted by a federal grand jury, along with 17 other individuals including Matty “the Horse” Ianniello, for racketeering and obstruction of justice. The primary focus of these indictments is charges that the mafia, specifically the Genovese crime family, have infiltrated Local 1181 and are running the Local for their own personal benefit. The government claims that it taped weekly meetings in which leaders of the Genovese family gave Battaglia and Bernstein detailed directions on how to run the Union. In addition, Bernstein is specifically accused of being a long-time Associate of the Genovese crime family.


The present indictments provide strong support for claims raised by Local 1181 members in their challenges to the Officer Elections, that these elections were run in a corrupt manner and should be overturned. Further, the indictment of Local 1181's top officers shows that it is impossible for the current illegitimate Executive Board of Local 1181 to fairly consider the pending election challenges. This is particularly so in light of the fact that under Local 1181's by-laws it is the Secretary-Treasurer, in this case Bernstein, who had primary responsibility for the conduct of the election. We further note that, insofar as all of the current members of the Local 1181 Executive Board ran, contrary to International rules, as part of the “Battaglia Slate,” the entire Executive Board is tainted by these recent indictments.


It is our view that there is no alternative but for the International Executive Board to assume jurisdiction over the pending challenges to the Local 1181 elections. We further ask, in light of the evident misconduct in the running of these elections, and the recent indictments, that the International assume control of the Local Union with the express purpose of conducting honest and open elections at the earliest possible date. Finally, we ask that representatives of “Members for Change,” the only faction in the Local Union, not tainted by the recent indictments, with demonstrated support from the Local membership, be appointed to participate in the leadership of the Local Union while new elections are pending.


It is simply untenable for the Local Union to remain under the control of Battaglia and Bernstein. This is highlighted by the fact that, as things currently stand, under the Local Union bylaws and International Constitution, all checks and drafts written on behalf of Local 1181 must be signed by these individuals indicted for racketeering and obstruction of justice. Further, with contract negotiations imminent we can not expect that our Employers and the Board of Education will be willing to sit down and negotiate a contract with officers under federal indictment.

Fraternally,
Members for Change


cc: International Secretary-Treasurer, Oscar Owens (by fax and mail)
International Executive Vice President, Michael J. Siano (by fax and mail)
Carl J. Levine, Esq. (by fax and mail)
Ron Straci, Esq. (by fax and mail)




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