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  • March 16, 2016
    BY FAX AND UNITED PARCEL SERVICE
    Joint Council 16, International Brotherhood of Teamsters
    265 West 14th Street, Room 1201
    New York, NY 10011
    Attn: Demos Demopoulos, Secretary-Treasurer
    Re: Charges Against Union Member and President Edward Weber
    Dear Secretary Demopoulos:
    Pursuant to Article XIX, Section (1)(b) of the IBT Constitution and Article 20 (B) (2) of Local 812’s Bylaws, enclosed please find two copies of charges that I am filing against union member and Local 812 President Edward Weber.
    I respectfully request that the Executive Board schedule a trial in this matter at the earliest possible date. The members of the Executive Board will be called as witnesses as well and will receive charges in not only relation to these below charges but other violations as well.
    These are charges filed by the membership, copies of these charges and the ones that follow against the individual members of the Local 812 Executive Board as stated above for their actions will also be forwarded to the Internal Review Board, Joint Council 16, The General Secretary Treasurers office as well as various State and Federal Agencies.
    In this manner we are confident it receives your undivided attention and that you conduct a “proper investigation” unlike the ones conducted in the past by Local 812 that were under oath as this administration out of clear retaliation has had others over their alleged or non alleged charges.
    Charge One:
    The basis for Charge One is as follows:
    Brother Weber violated his oaths of office and loyalty to the International and Local Unions, breached his fiduciary duties as a Union Officer and a trustee of the Local 812 Pension Fund and brought reproach upon Local 812 when he colluded with an employer, “Bett A Way Traffic” aka “Bett A Way Distributors”, to allow the employer to evade the financial obligations under a governing collective bargaining agreement signed in 2012 with a “sham membership
    scheme” to the detriment of union members and beneficiaries of the Local 812 Pension Fund in 2013.
    This in violation of IBT Constitution Article II, Sections
    2(a), 2(b) (1), 2 (b)(2), 2(b)(6); Article XIX, Sections 7(b)(1), 7(b)(2); and Local 812’s Bylaws, Sections14 (A), 14(D), 14(E), 19(E)(1), 19(E)(3), 26(A), 26(C) and 29.
    The basis for Charge One is as follows: On or about June of 2012, Local 812 entered into a contract with “Bett A Way Distributors”. The contract was negotiated with the knowledge and consent of the Local’s Executive Board. The “Bett A Way Distributors” membership approved the contract in a vote. The contract required the employer to contribute into the Local 812 Pension fund a specific amount each year DICTATED by the Local 812 Pension rehabilitation plan. That contribution was to be made per eligible employee, per month to the Local 812 Pension Fund.
    The Pension Fund was an intended third party beneficiary of the contract and was under the guidelines of the Local 812 Pension rehabilitation plan since the fund was classified as being in the “RED ZONE” or was underfunded according to the Pension Protection Act.
    The contract was drafted by the Local’s counsel and reviewed by members of the Executive Board, the negotiating committee and the membership before it was approved. On or about September 4, 2013, Brother Weber and the Local 812 Pension Chairman Joseph Vitta CREATED a “SHAM MEMBERSHIP” contract called “Bett A Way Traffic” without the knowledge or consent of the Local’s Executive Board, the 812 membership and worse deliberately schemed to keep it from the Local 812 Pension Fund Trustees for at least 3 year when Weber entered into this second agreement that violated the Local 812 rehabilitation plan,

    the Pension Plan’s regulations and the federal guidelines under the pension protection act by eliminating the employer’s FULL contribution to the Local 812 Pension Fund in “Article 35” of the “Bett A Way Distributors” contract to ZERO (-$0-) contributions per employee, per month for the remainder of the “Bett A Way Traffic” contract due to expire in June of 2017. Mr. Weber agreed that all new members would be in a defined contribution plan (401k) plan and no longer contribute into the Local 812 defined benefit plan.
    Brother Weber and Secretary Treasurer created and designed this new “Bett A Way Traffic” contract using Weber’s own family member. ( Brother) Weber’s brother was hired and employed by the sham membership company “Bett A Way Traffic” briefly in order to sign a Local 812 authorization card and convince others to do so as well. Mr. Weber also used Local 812 retiree’s and had them as well as his own brother sign authorization cards to create the appearance of a legitimate organizing campaign through recognition with the employer over the new company “Bett A Way Traffic”.
    Brother Weber personally drafted or copied the existing Bett A Way Distributors contract in affect with advice from Local 812 Pension Counsel Walter Kane. regarding The new sham “Bett A Way Traffic” contract was filled in the new dates were entered by hand using a pen. Weber signed the contract in his capacity as President for Local 812 with the new date of a new contract of September 2013.
    Members of the Local’s Executive Board (except Joseph Vitta) were not notified of this a “second or phony CBA”, nor were the management Local 812 Pension Fund Trustees, the membership never saw or knew about the amendment or sham contract before Weber and the employer signed it.
    The reduction in the Pension Fund’s contribution rate caused the Local 812 Pension fund to lose up to $3 million dollars to date (not including interest) in lost contributions from Bett A Way Traffic and Bet A Way Distributors as the contracts are identical except for Article 35 in the “Bett A Way Traffic” Contract the removes and eliminates all language pertaining to contributions into the Local 812 Pension Fund. The loss of these contributions are to the detriment of all the Local 812 members, retirees and beneficiaries that are participants in the Local 812 Pension Fund including all those that can have not been able to receive their “earned SEVERANCE bonus” because of the terms and conditions set forth under the rehabilitation plan.

    The reduction in the contribution rate also undermined the Local’s bargaining position in the soft drink industry since the reduced contribution rate was well below the rates contained in the Local’s other contracts in the industry and the only company in the union to put new members into a different fund or (401) k plan. Brother Weber violated his oaths of office and loyalty and his fiduciary duties as an officer of the Local and a trustee on the Pension Fund and he brought reproach upon the Union when he entered into a “PHONY” substandard “SHAM MEMBERSHIP” contract.
    Union Fiduciary’s Code of Ethics
    Section 2(b). Any member who serves as a
    fiduciary of an employee benefit plan covering members or
    any of its subordinate bodies shall pledge to follow the following Code of his or her service as a fiduciary to the plan:
    em ployees Ethicswi
    (1). The fiduciary shall faithfully serve the best interests of the participants and beneficiaries of the plan in accordance with the requirements of applicable law.
    (2). The fiduciary shall exercise his or her duties with respect to the plan with the care, skill, prudence, and diligence under the circumstances that a prudent person familiar with such matters would use acting under similar circumstances.
    (3). Neither the fiduciary nor any member of the fiduciary’s family shall profit personally from his or her position in the plan, other than through benefits payable under the generally applicable rules of the plan or reasonable compensation payable by the plan for services rendered to the plan, which services are necessary for the establishment or operation of the plan.
    (4). A full-time paid officer or employee of a Local Union who is a fiduciary of an employee ben-edit plan shall not receive compensation from the plan if he or she receives full-time pay from the Local Union; provided, however, that nothing herein shall prevent the Local Union from receiving reimbursement of the fiduciary’s employment-related expenses from the plan for services rendered to the plan by the fiduciary who is paid by the Local Union.
    (5). The fiduciary shall ensure that the Local Union or other subordinate body pays its fair share for any services or facilities it shares with the plan, including, but without limitation, office space, clerical and administrative staff, telephone, and other office equipment and supplies.
    th
    (6). The fiduciary shall take the reasonable steps, consistent with his or her obligations under applicable law, to ensure that all employers who are required to contribute to the plan under a collective bargaining agreement fully comply with their reporting and contribution obligations.
    (7). The fiduciary shall not cause the plan to incur unreasonable administrative or other expenses not necessary for the establishment or operation of the plan, in accordance with established law.
    (8). The fiduciary shall cooperate with Union negotiating committees by responding to requests from any Chair or Co-Chair of a negotiating committee for information and assistance needed for bargaining, to the extent not inconsistent with his or her fiduciary obligations to the plan
    Charge Two
    The basis for Charge Two is as follows:
    On or about October, 2015, Brother Weber, in his capacity as a President of Local 812, entered into an agreement with his niece “ Kathleen Gemma” to provide photography services to Local 812 at their annual shop steward seminar. The agreement paid for Ms. Gemma’s services, room, meals, and private dinners with the Executive board of Local 812. The agreement allowed Ms. Gemma to receive employment, which was not reported to the state when she was on Workman’s Compensation for an injury at Phoenix/Lobo Beverages. Ms. Gemma was also in litigation against the employer claiming that she was permanently disabled. Only President Weber, Secretary Treasurer Vitta and Comptroller Jim Scarpati was informed by Vice President Ulrich seminar who the photographer was and that he knew nothing the of this arrangement but obviously knowing it was wrong with the comment “Please don’t tell me that” did nothing to prevent it.
    Union trustees did not know about or approve this agreement or arrangement, as they were not notified. Brother Weber also never advised the trustees that his niece Kathleen Gemma was on Workman’s compensation in litigation against Phoenix/Lobo, or was being employed to work for Local 812 at the 2015 event and would receive benefits by the Agreement. No other bids were accepted for the work entailed. Weber breached his fiduciary duties and failed to act in the best interests of the Union and its members when he hired and paid Ms. Gemma from the union treasury without the trustees’ knowledge or approval, (ii) allowed Ms. Gemma to receive extra

    benefits as part of the agreement, room, meals etc. (iii) exposed the Union to significant additional risk by hiring someone knowingly on Workman’s compensation.
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and embezzled union funds, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29.
    Charge Three
    The basis for Charge Three is as follows:
    On or about August of, 2013, Brother Weber, in his capacity as a President of Local 812, entered into an Agreement with his Secretary Treasurer Joseph Vitta to provide a position for Joseph Vitta’s uncles girlfriend (Gambino Crime figure Anthony Vitta) to work for the Local 812 Pension Fund. The Agreement was to hire THE WITNESS into the Local 812 pension Fund as an administrative assistant on the request of Joseph Vitta’s uncle. Both Vitta and Weber sat as the chair and a trustee on the Local 812 Pension Fund.
    President Weber as well as Pension Fund Manager Susette Stone, knew that THE WITNESS was the girlfriend of the convicted organized crime figure as they were formally introduced to THE WITNESS at Joe Vitta’s daughters wedding. The Union trustees as well as the Management Trustees of the Pension fund, as well as Local 812 Pension management counsel were not informed over this nor did they approve of this hiring, since it was deliberately not brought to their attention. Brother Weber , Chair Joseph Vitta nor the Fund Manager ever informed the trustees violating the ConsentDecree that THE WITNESS was the girlfriend of a known organized crime figure. Weber breached his fiduciary duties as well as violated the terms and conditions of his oath in addition to the Consent Decree failing to act in the best interests of the Union and its members when he agreed with Secretary Treasurer Joseph Vitta to hire THE WITNESS without the trustees’ knowledge or approval, (ii) allowed THE WITNESS to attend seminars or to receive extra benefits. (iii) Exposed the Union to significant additional risk by hiring someone knowingly associating with members of organized crime.
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and embezzled union funds, in violation of IBT Constitution Article II,

    Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29.
    Section 3 (a). No person who knowingly associates (as that term has been defined in prior decisions or disciplinary charges under Article XIX) with any member or associate of any organized crime family or any other criminal group, or who actively advocates the overthrow of a federal, state, or provincial government by force or violence, or is a member of any party or group and knows of and actively advocates its purpose to over-throw a federal, state, or provincial government by force or violence, shall be allowed to hold membership in the International Union or any of its subordinate bodies. If any such person obtains Union membership, or after
    any member or associate of organized crime or any other criminal group or advocates the overthrow of a federal, state, or provincial government by force or violence, or becomes a member of a party or group and knows of and actively advocates its purpose to
    federal, state, or provincial government by force or violence, he shall be expelled from membership oufpcohnarthgesfilaingd the conduct of a trial in accordance with the applicable procedures set forth in A rticle X IX
    Charge Four
    The basis for Charge four is as follows:
    having been
    overthrow a
    On or about October, 2015, Brother Weber, in his capacity as a President of Local 812, intimidated and threatened the position of a newly elected Shop Steward who had recently won an uncontested victory against his son Michael Weber. Brother Weber specifically told Shop Steward Anthony Weed to let the newly elected Shop Steward Allen Hillegas fail as retaliation for running against and beating his son Michael Weber.
    Weber’s son (Mike) was appointed to the shop Stewards position by President Weber some years before in the New Windsor Distribution Facility enabling Michael Weber to use special privileges in “Super Seniority” that are frowned upon by the Local 812 board due to NLRB guidelines and seniority rights.
    Weber’s appointment of the position Shop Steward to his son enabled Michael Weber to receive greater financial gain by picking routes first, overtime privileges and vacation privileges first
    instead of where his normal pick would be under his seniority, which would be 10. Michael Weber was able to “leapfrog” other 812 members with more seniority and time then he, enabling him to pick more profitable routes, easier routes, better vacations picks and be called for overtime first .
    Brother Weber repeatedly denied the rights of 812 members by not holding signed requested elections to vote out his son Michael Weber from the Shop Steward position.
    Brother Weber infuriated by his sons loss of the title called warehouse steward Anthony Weed who later reported this conversation to Trustee Lawrence DeBellis, Vice President John Ulrich and newly elected Shop Steward Allen Hillegas.
    Brother Weber violated his oaths of office and loyalty and duties as an officer of the Local as he brought reproach upon the Union when he (1) Appointed his son to the position of Shop steward for his financial gain, (2) when he threatened the future of an 812 shop steward through member Anthony Weed.
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and embezzled union funds, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29.
    Charge Five –
    The basis for Charge five is as follows:
    Brother Weber brought reproach upon Local 812, breached his fiduciary and abused his position and oath as a Local Officer, by not allowing the Local membership to speak, in violation of IBT Constitution Article. XIV, Section. 2, Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29.
    Local 812 Members in attendance on March 10th, 2016 at the General membership meeting held at IBT Local 456 in Elmsford NY were not afforded their rights under the constitution to express their views, arguments, or opinions upon any business properly. Before the meeting, in compliance with the Local Union Bylaws and the rules and regulations adopted by the Local Union Executive Board pertaining the conduct of meetings approached President Weber and Secretary treasurer joseph Vitta and was outright denied.

    Brother Weber further brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and its membership, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29. As to approving motions of the union minutes and financial reports where clear opposition was shown by the membership against the motions to accept by virtue of voice and by show of hands. President Weber violated his oath of office by ignoring those Local 812 who were the clearly the majority in opposing the motions.
    ART. XIV, SEC. 2
    Meetings
    Section 2(a). Membership meetings shall be general or special.
    (1). General membership meetings shall be held monthly at such place and time as shall
    be desk ignated by the Local Union Executive Board, subject to disapproval by the
    membership, except where otherwise approved by the General
    Executive Board shall establish such conditions relative to the holding of meetings as in its
    judgment it deems advisable. Membership meetings may be suspended during any three (3)
    months between aJtuanemaenedtinOgcatoftbeerrebaysaocntaiobnleofthe m em notice of the intention to vote upon such question.
    (2). Members in attendance at membership meetings shall have the right to express their views, arguments, or opinions upon any business properly before the meeting, subject to Local Union Bylaws and the rules and regulations adopted by the Local Union Executive Board pertaining the conduct of meetings, but no member in exercising such rights shall evade or avoid his responsibility to the organization as an institution or engage in or instigate any conduct which would interfere with the Local Union’s performance of its legal or contractual obligations.
    (3). The Local Union Executive Board is authorized to permit membership meetings to be held on a division, craft, place of employment, or other similar basis as it shall consider appropriate considering the special needs of the organization so as to permit the membership to attend meetings and to express their views and otherwise exercise their rights as members. There shall be no limitation on the right of any member to be heard at any such separate meeting
    provided herein on all matters which apply to the general membership, but such member shall be permitted to vote only at such separate division, ocfraefmt,polorypmlaecnet meeting to which
    Executive
    b
    he has been assigned.
    Membership meetings permitted under this subsection shall be subject to all of the requirements of Section 2(a)(1) and
    (2) Above.
    (3). When the Local Union Executive Board authorizes such meetings by division, craft, or place of employment, each such meeting shall be conducted by the officers of the Local Union or by their designees and under the same
    procedures and rules as a general membership meeting, excepting only special meetings for limited purposes, such as voting on contracts or strikes, handling of grievances, etc.
    ART. XIV, SEC. 2
    (3). On all matters which apply to the general membership, the votes of the meeting of each portico lard division, craft, or place of employment shall be totaled to determine the action of the Local Union in such matter.
    (3). Members at each separate division, craft, or place of employment authorized to hold separate meetings may vote separately on initiation fees, dues and assessments which may apply to them alone, if higher than the minimum applicable to the general membership, and may, when authorized by the Local Union Executive Board, vote separately on approval or disapproval of, or on matters arising under, contracts applicable only to them, and strikes or other activities in which only they w ilparticipate.
    (4). In order to conduct official business at meetings required by this Section, the Local Union must have sufficient members and/or officers in attendance to satisfy the quorum requirement in the Local Union Bylaws; provided, however, that a quorum shall not be necessary for a Local Union to conduct a meeting for the purpose of accepting nominations for officers.
    (b). Any Local Union failing to comply with this Section during the twelve (12) month period immediately
    less than twelve (12) months, during
    any financial or other benefits from the International
    Board may, for good cause shown, waive the requirements of this
    paying of financial or other benefits and authorize the paying of same. The General Executive Board may revoke the charter of any Local Union failing to comply with this Section.
    preceding ap o the period fo Union;p
    Constitu
    t
    Charge 6
    The basis for Charge six is as follows:
    Brother Weber in violation of Local 812 bylaws and the misuse of membership dues money initiating an investigation for his own personal gain against a fellow officer without bringing forward any evidence or allegations of wrongdoing. This includes the unauthorized retaining of attorney Roland Acevedo without Executive Board Approval.
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and embezzled union funds, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29.
    Approval came close to one month after the disclosure of an investigation to the Executive Board. Both Weber and Vitta knowingly hiring Acevedo with the full knowledge that Acevedo had an undeniable conflict that was against the best interests of the Local812 membership in both the Union and the Local 812 Health Fund by being the lead attorney suing the Health Fund for over 1 million dollars in unpaid claims that his client Crossroads was or could be responsible for. (North Shore LIJ Multiplan Lawsuit).
    Brother Weber DID NOT bring this to the boards attention regarding the details of Mr. Acevedo’s background that not only included suing Local 812 but
    a) Mr. Acevedo was also accused in 2011 for threats against Joe Vitta threatening his IRB connections and previous investigations that would lead to the trusteeship of Local 812.
    b) Also for not bringing forward to the board regarding Mr Acevedo’s past history of incarceration for 10 years for “Armed Robbery” and of being shot while involved in a shootout with NYC police.
    c) That the hiring was their own political agenda intimidating members of the executive board to approve Roland Acevedo’s employment close to one month after the hiring to cover the clear violations of the by laws.
    Charge 7

    The basis for Charge Seven is as follows:
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local and embezzled union funds, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29 by not receiving the Executive Boards approval for the hiring, and for the salary of a “personal friend” of Recording Secretary John Visconti who was considered by members of the 812 Executives Board, staff and 812 membership of having an improper extra marital affair with this employee hired from Pepsi Cola Ave D Brooklyn NY.
    Charge 8
    The basis for Charge Eight is as follows:
    Brother Weber brought reproach upon Local 812, breached his fiduciary duties as a Local Officer, defrauded the Local union membership, in violation of IBT Constitution Article II, Section 2 (a); Article XIX, Sections 7 (b) (1), (2) and (3); and Local 812’s Bylaws, Sections14 (A), 19 (E) (1), 29. By providing privileged and confidential Union information to a Non Teamster Member or outsider John Russo in order to attend Local 812 work locations.
    Mr. Russo is NOT an employee or a member of the Teamsters or of Local 812 but was authorized by Weber to create work stoppages in order to spread rumors of charges against Vice President John Ulrich and Trustee Larry DeBellis. Brother Weber even ADMITTING in the February 2016 general meeting over him contacting vice President of Coca Cola to seek and received approval for Mr. Russo to attend various locations for Weber’s slander.
    Mr. Russo exposed the confidential outcome of an ongoing sexual harassment investigation being conducted by the Local 812 Pension Fund and threatened 2 union members that there would be trouble if they went against Weber/Vitta position.
    Mr. Russo was given confidential and privileged information before any allegations or charges were officially brought forward against John Ulrich or Larry DeBellis. Mr. Russo was given access to the Local 812 offices, Local 812 Executive Board meetings, was given confidential information surrounding the improper investigation and was prepped by Ed Weber and Joe Vitta on what to inform the members of Local 812 at all union facilities.

    Again, Mr. Russo is NOT an employee or a member of the Teamsters nor a member of the Executive Board and had no right according to the by laws to be involved regarding internal union business.
    (SEE ATTACHED LIST OF LOCAL 812 MEMBER SIGNATURES) – Membership Local 812

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