entity's fund and her refusal to receive any benefits, gratuities, severance payments or gifts from Local 177 or any other IBT-affiliated entity, except that after her ten-year suspension expires she may receive any benefits provided to union members pursuant to a collective bargaining agreement with her employer; and (7) ineligibility, for ten years, to participate in any of Local 177's activities in any manner. Id. at 3-5.
This Court notes that Perrucci's sanctions were imposed after this Court remanded to the IRB an earlier affidavit and agreement between the IRB and Perrucci for insufficient penalties without passing upon the merits of the charges against her. (Order, United States v. International Bhd. of Teamsters, 88 Civ. 4486 (May 24, 1996).) Perrucci previously had agreed to a six-year suspension. Id. at 3. In Perrucci's Remand Order, this Court instructed the IRB on remand to "consider whether Perrucci should ever be permitted to hold any position within the IBT or any IBT Local." Id. It is for that reason that this Court Approved Perrucci's Affidavit and Agreement after the remand--Perrucci's new sanctions barred her from Teamsters membership for ten years, and from holding any position of authority in the Teamsters forever.
Perrucci's penalties are significantly more punitive than Giacumbo's, even though, unlike Giacumbo, she was only an unelected office worker charged only with financial wrongdoing. Pursuant to the sanctions which the IRB imposed upon Giacumbo upon remand, Giacumbo eventually will become eligible not only for reinstatement as a member of both the IBT and Local 843, but also to once again hold powerful positions within the IBT and its Local Unions. As the IRB found, however, Giacumbo has consistently, brazenly and unapologetically misused his power within the Teamsters. Moreover, as this Court has observed throughout the instant Opinion, Giacumbo fails to accept any responsibility for his own actions, and, even more troubling, repeatedly seeks to justify and minimize the severity of his misconduct. As a result, this Court questions Giacumbo's fitness to ever again hold a position of trust, influence, or authority within the IBT, its Local Unions, or any other IBT-affiliated entity. This Court thus finds that Giacumbo's sanctions are arbitrary and capricious, and remands the instant matter to the IRB for further consideration.
On remand, this Court deems it proper for the IRB to contemplate the wisdom of ever permitting Giacumbo to hold a position of influence within the IBT or any IBT-affiliated entity, given his documented history of misconduct and his startling arrogance of power. This Court further suggests that the IRB revisit its decision to suspend Giacumbo from union membership for so brief a period.
Before concluding, this Court pauses to note that one of the principal vices that the Consent Decree was designed to eradicate is the corruption which accompanies the arrogance of power. By repeatedly attempting to minimize the severity of his misconduct, and by steadfastly asserting that the IRB and this Court should turn a blind eye to his "minor" infractions, Giacumbo has manifested a continuing disdain toward the rule of law and a lack of respect for the rank-and-file union members that he purports to represent. This Court finds these characteristics intolerable in a Teamsters leader, and thus cautions all Teamsters against holding oneself out as beyond the law's reach and failing to turn square corners in the stewardship of their union. Doing so is the surest route to harsh, enduring penalties.
IT IS HEREBY ORDERED THAT the findings of IRB Application XXV are AFFIRMED in all respects EXCEPT as to sanctions.
IT IS FURTHER ORDERED THAT the findings of IRB Application XXX are AFFIRMED in all respects, EXCEPT those relating to the IRB's characterization of Theodus' testimony and those relating to sanctions.
IT IS FURTHER ORDERED THAT the findings of IRB Application XXX regarding sanctions are REJECTED.
IT IS FURTHER ORDERED THAT IRB Application XXX is REMANDED TO THE IRB FOR FURTHER CONSIDERATION consistent with this Court's Opinion and Order.
DATED: New York, New York
January 9, 1997
David N. Edelstein