entities during the period of their suspension. (Ind. Admin. Dec. at 31).
It was logical and proper for the Independent Administrator to impose on Thomas and Letner a penalty reflecting their relative culpability as compared to those respondents who were officers during all relevant periods. See, e.g., June 10, 1993 Memorandum & Order, 824 F. Supp. 406, 408-10 (S.D.N.Y. 1993). Thus, a nine-month suspension in the case of respondents Thomas and Letner is appropriate. Accordingly, I affirm the penalty imposed on respondent business agents Thomas and Letner.
iv. Business Agent Nativio
The Independent Administrator found that, as a business agent, respondent Nativio, like his fellow business agents, had a duty to do all that he reasonably could to enforce Friedman's one-year suspension and three-year statutory bar, and failed to fulfill that duty. In Nativio's case, however, the Independent Administrator found that a harsher penalty was warranted because of Nativio's more proactive role in assisting Friedman's violation of his one-year suspension. (Ind. Admin. Dec. at 32). The Independent Administrator noted that Nativio chaired the IBT Local 507 general membership meeting that Friedman attended, and made specific comments at that meeting intended to give the membership the impression that Friedman was still involved in the affairs of IBT Local 507. (Ind. Admin. Dec. at 32). In addition, Nativio also chaired the Riser Foods contract ratification meeting, at which Friedman encouraged the membership of IBT Local 507 to ratify the contract. (Ind. Admin. Dec. at 32).
Accordingly, the Independent Administrator prohibited respondent Nativio from holding, or drawing any compensation from, any IBT-affiliated officer or trusteeship position for a period of nine months. The Independent Administrator allowed Nativio to retain his IBT membership during his suspension. (Ind. Admin. Dec. at 31). Nativio is barred from working, in any capacity, with IBT-affiliated entities during the period of his suspension. (Ind. Admin. Dec. at 31).
The record clearly demonstrates Nativio's higher level of culpability in connection with the instant disciplinary offense. Hence, a proportionately more severe penalty is appropriate. Accordingly, I affirm the penalty imposed on respondent Nativio.
v. Penalties Imposed On All Respondent Officers and Agents
Contributions to respondents' employee benefit plans, regardless of whether or not such plans are under the exclusive control of the IBT, attributable to their positions as officers or agents of IBT Local 507, are to cease during the period of their suspension. Vested benefits in such plans are not, however, affected by the Independent Administrator's ruling, and respondents are free to use personal funds to continue any particular benefit. (Ind. Admin. Dec. at 33-35). In addition, the Independent Administrator ruled that respondents are not entitled to have any of their legal expenses paid by the IBT or any IBT-affiliated entity. (Ind. Admin. Dec. at 35). I find that the Independent Administrator's ruling with regard to respondent officers' and business agents' employee benefits and legal fees is appropriate in light of the record before this Court. Accordingly, I affirm in all respects the penalties imposed upon all respondent officers and agents.
For the reasons stated above, Respondents' objections to the Independent Administrator's decision are overruled. The decision of the Independent Administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately.
Dated: New York, New York
November 30, 1993
DAVID N. EDELSTEIN