United States v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Afl-Cio Commission of La Cosa Nostra Anthony Salerno, Also Known as Fat Tony Matthew Ianniello, Also Known as Matty the Horse Anthony Provenzano, Also Known as Tony Pro Nunzio Provenzano, Also Known as Nunzi Pro Anthony Corallo, Also Known as Tony Ducks Salvatore Santoro Christopher Furnari, Sr., Also Known as Christie Tick Frank Manzo Carmine Persico, Also Known as the Snake, Also Known as Junior Gennaro Langella, Also Known as Gerry Lang Philip Rastelli, Also Known as Rusty Nicholas Marangello, Also Known as Nicky Glasses Joseph Massino, Also Known as Joey Messino Anthony Ficarotta, Also Known as Figgy Eugene Boffa, Sr. Francis Sheeran Milton Rockman, Also Known as Maishe John Tronolone, Also Known as Peanuts Joseph John Aiuppa, Also Known as Joey Aiuppa, Also Known as Joe Doves, Also Known as Joey O'Brien John Phillip Cerone, Also Known as Jackie Cerone, Also Known as Jackie the Lackie Joseph Lombardo, Also Known as Joey the Clown Angelo Lapietra, Also Known as the Nutcracker Frank Balistrieri, Also Known as Carl Angelo Deluna, Also Known as Toughy Carl Civella, Also Known as Corky Anthony Thomas Civella, Also Known as Tony Ripe General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Jackie Presser, General President Weldon Mathis, General Secretary-Treasurer Joseph Trerotola, Also Known as Joe T, First Vice President Robert Holmes, Sr., Second Vice President William J. McCarthy Third Vice President Joseph W. Morgan, Fourth Vice President Edward M. Lawson, Fifth Vice President Arnold Weinmeister, Sixth Vice President John H. Cleveland, Seventh Vice President Maurice R. Schurr, Eighth Vice President Donald Peters, Ninth Vice President Walter J. Shea, Tenth Vice President Harold Friedman, Eleventh Vice President Jack D. Cox, Twelfth Vice President Don L. West, Thirteenth Vice President Michael J. Riley, Fourteenth Vice President Theodore Cozza, Fifteenth Vice President Daniel Ligurotis, Sixteenth Vice President Salvatore Provenzano, Also Known as Sammy Pro, Former Vice President, in Re Application Lxxxvi of the Independent Administrator. Leroy Ellis v. Roadway Express, Incorporated

3 F.3d 634 · Court of Appeals for the First Circuit · 1993

Facts

The U.S. brought a civil RICO action against the Teamsters, leading to a Consent Decree establishing an Election Officer to oversee the 1991 union election. Leroy Ellis, a candidate, was discharged by his employer, Roadway Express, in September 1991. After the election results were certified in January 1992, the Election Officer ruled in June 1992 that Ellis's discharge was wrongful, a decision affirmed by the Independent Administrator and the district court.

Issue

Did the Election Officer retain authority under the Consent Decree to invalidate an employee's pre-election discharge after the 1991 union election results had been certified?

Holding

No. The Election Officer's authority to make such a decision expired upon the certification of the 1991 election results, and the subsequent rulings by the Independent Administrator and district court were therefore invalid.

Rule

Under the Consent Decree governing the Teamsters' 1991 election, the authority of the Election Officer terminates upon the certification of the election results, except for prompt investigation of certain post-election claims of election irregularity that may have affected the outcome.

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