The opinion of the court was delivered by: DAVID N. EDELSTEIN
EDELSTEIN. District Judge:
In an Opinion & Order dated August 19, 1992, 803 F. Supp. 761 (S.D.N.Y. 1992), this Court promulgated "Rules and Procedures for Operation of the Independent Review Board (the "IRB") of the International Brotherhood of Teamsters" (the "Rules"). These Rules, drawn from the Consent Decree, judicial decisions regarding the Consent Decree, and the International Brotherhood of Teamsters (the "IBT") Constitution as amended at the 1991 IBT International Convention, are intended to govern the operation of the IRB. In United States v. IBT, 998 F.2d 1101 (2d Cir. 1993), the United States Court of Appeals for the Second Circuit affirmed all Rules promulgated in this Court's Opinion & Order, with the exception of Rules D(2), F(2), N(2), and O, which the court affirmed in part and reversed in part.
Accordingly, it is hereby ordered that the Rules, attached as Exhibit A and modified in accordance with the Second Circuit's decision, shall constitute the Rules and Procedures for Operation of the Independent Review Board of the International Brotherhood of Teamsters. These Rules are effective immediately. The IBT, all subordinate entities of the IBT, and all members of the IBT are bound by the Rules as contained in Exhibit A.
Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters
2. The Consent Decree provides for the establishment of an Independent Review Board (the "IRB") for the IBT, comprised of a member appointed by the Attorney General of the United States of America on behalf of the Government, a member appointed by the IBT, and a third member chosen by the Government and IBT appointees. These Rules are drawn from the Consent Decree, judicial decisions regarding the Consent Decree, and the IBT Constitution as amended at the 1991 IBT International Convention (the "1991 IBT Constitution"). These Rules are intended to govern the operation of the IRB. The parties, and the officers, members, employees, representatives, agents and affiliates of the IBT, should consult these Rules for information on IRB operations.
3. This Court retains exclusive jurisdiction to decide any and all issues relating to the purpose, operation, and authority of the IRB and the interpretation of these Rules.
4. Interpretation of these Rules shall be guided by the principles, as set forth in the Consent Decree, that "there should be no criminal element or La Cosa Nostra corruption of any part of the IBT," and that "it is imperative that the IBT, as the largest trade union in the free world, be maintained democratically, with integrity and for the sole benefit of its members and without unlawful outside influence."
The initial term of office of each IRB member shall be until the completion of the 1996 International Convention, and thereafter the term of office shall be five years. Each IRB member may be reappointed to additional terms by that member's appointing entity. No IRB member may be removed from office except upon application to this Court by the Government or the IBT alleging malfeasance or dereliction of duty. In the event of a vacancy during a term of a member of the IRB, a replacement shall be selected in the same manner as the person who is being replaced was selected.
1. The IRB shall operate from offices as close as practicable to the International Union's headquarters in Washington, D.C. The IRB shall have the authority to conduct hearings at such locations as the IRB members deem appropriate.
2. IRB members need not be present at the central IRB offices on a full-time basis, and may perform their functions (other than conducting IRB meetings and disciplinary hearings, which shall be held at such locations as the IRB members deem appropriate) at their professional offices or other appropriate locations.
D. Meetings and Decisions of the IRB
1. The IRB shall meet, not less than once a month, at its offices, or at such other place as is fixed by the IRB members. The IRB may meet and take action by telephone conference.
2. Except as otherwise provided by these Rules, a quorum of the IRB shall be required to conduct any of its business. A quorum shall consist of at least two members of the IRB. Except as otherwise provided by these Rules, decisions of the IRB shall be made by majority vote. One IRB member, with the consent of the other two, may be authorized to conduct a hearing pursuant to Paragraph "J. Hearings," and issue a written recommended decision on any matter. Before such a decision shall be effective, it must be approved by a majority of the IRB. In the event of a deadlock, in a situation where two IRB members have voted, the third IRB member shall be consulted and shall cast the ...