corruption back into the IBT election process.
In light of these circumstances, this Court has adopted and reprinted, with minor alterations, the proposed order that the Election Officer submitted with her letter.
WHEREAS the purpose of the March 14, 1989, Consent Decree that settled the claims of plaintiff the United States of America against, inter alia, defendant the International Brotherhood of Teamsters is to ensure that the IBT is maintained democratically, with integrity and for the sole benefit of its members without unlawful outside influence; and
WHEREAS since the Consent Decree was entered, the IBT held its first ever rank-and-file fully democratic election in 1991 under the close supervision of a court-appointed Election Officer, and court appointed disciplinary officers have sanctioned more than 200 IBT members, many on the grounds that they knowingly associated with organized crime figures; and
WHEREAS a fair, free, honest and fully democratic IBT election is the linchpin in the Consent Decree's unique efforts to rid the IBT of corruption and the hideous influence of organized crime; and
WHEREAS vigilant supervision by the court-appointed Election Officer of all phases of the 1996 IBT election in accordance with the election rules adopted by this Court is central to ensuring a fair, free, honest and fully democratic IBT election for the benefit of the Union's 1.4 million members and the nation as a whole; and
WHEREAS the Government, in order to ensure a fair, free, honest and democratic 1996 IBT election, agreed under the Consent Decree to have a court-appointed Election Officer supervise that election at Government expense; and
WHEREAS the appropriations bills passed by the United States House of Representatives provides that "up to $ 6,000,000 of the amounts available to the Department of Justice for fiscal year 1996 may be allocated for this purpose, subject to either the reprogramming authorities provided in Section 605 of this Act or the transfer authorities in Section 107 of this Act"; and
WHEREAS the substitute appropriations bills passed by the United States Senate for fiscal year 1996 provides that "of the amounts available to the Department of Justice in this act, up to $ 6,000,000 may be allocated to fund supervision of the 1996 International Brotherhood of Teamsters election, subject either to the reprogramming authorities provided in Section 605 of this Act or the transfer authorities in Section 107 of this Act"; and
WHEREAS final appropriations legislation setting the Department of Justice budget for fiscal year 1996 has not yet been enacted; and
WHEREAS the 1996 IBT election process is already underway and the Election Officer currently is supervising that election process, and irreparable harm will occur to the election process if the funding for the supervision is interrupted or delayed until final appropriations legislation for the Department of Justice for fiscal year 1996 is enacted;
IT IS THEREFORE ORDERED THAT until such time as final appropriations legislation for the Department of Justice for fiscal year 1996 is enacted, the Department of Justice shall allocate the funds necessary to supervise the 1996 IBT election, such funds not to exceed the $ 6,000,000 set forth in the appropriations bills passed by the United States Senate and House of Representatives.
Dated: October 17, 1995
DAVID N. EDELSTEIN