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TESTIMONY OF LARRY CARELLY AND JOSEPH SAMMARTINO

The CHAIRMAN. The witness on my left, will you please state your name, your place of residence, and your business or occupation.

Mr. SAMMARTINO. My name is Joseph Sammartino, and I am affiliated with the General Distributing Co., Youngstown, Ohio.

The CHAIRMAN. Thank you. And the next witness, will you identify yourself.

Mr. CARELLY. My name is Larry Carelly, affiliated with the Islay Dairy Co., in Youngstown, Ohio.

The CHAIRMAN. Do you gentlemen waive counsel ?
Mr. SAMMARTINO. Yes, sir.
Mr. CARELLY. Yes, sir.
The CHAIRMAN. All right, Mr. Kennedy, proceed.
Mr. KENNEDY. Let me get the spelling of your name, please.
Mr. CARELLY. C-a-r-e-1-1-y. Joseph Lawrence Carelly.

Mr. KENNEDY. And the name of the company you work for is I-s-l-a-y Dairy Co.?

Mr. CARELLY. Yes, sir.
Mr. KENNEDY. And Mr. Sammartino, it is S-a-m-m-a-r-t-i-n-o?
Mr. SAMMARTINO. Yes, sir.
Mr. KENNEDY. What is the name of your place of business!
Mr. SAMMARTINO. General Distributing Co.

Mr. KENNEDY. And you both drive trucks for those companies; is that right?

Mr. CARELLY. That is right.
Mr. SAMMARTINO. I am now a salesman, sir.
Mr. KENNEDY. I will address the questions first to Mr. Carelly.
Mr. CARELLY. Yes, sir.
Mr. KENNEDY. What local is that?
Mr. CARELLY. No. 377.
Mr. KENNEDY. That is in Youngstown, Ohio!
Mr. CARELLY. Yes, sir.
Mr. KENNEDY. How long have you been a member of that local?
Mr. CARELLY. Since 1945.

Mr. KENNEDY. And that takes in the truck drivers in the Youngstown, Ohio, area ; is that right?

Mr. CARELLY. Yes; which also includes Warren and Ashtabula, Ohio.

Mr. KENNEDY. How many members do you have in that Teamster local?

Mr. CARELLY. Approximately 4,500 to 5,000.
Mr. KENNEDY. How long have you been a member?
Mr. CARELLY, Since June of 1945.
Mr. KENNEDY. Since that time, have you been on a checkoff system!
Mr. CARELLY. Yes, sir.
Mr. KENNEDY. Would you explain what that means?

Mr. CARELLY. Well, on the checkoff system, the union entered into an agreement with the employer to have the employer take out their dues and remit those to the union.

Mr. KENNEDY. Would you identify this, please? The CHAIRMAN. Mr. Carelly, I hand you a blank form here entitled “Statement, Chauffeurs, Warehousemen, and Helpers, Local Union 377," and I will ask you to examine it and state if you identify it, please.

Mr. CARELLY. This is a statement of our local that is sent to our employer.

The CHAIRMAN. That is sent to whom?

Mr. CARELLY. Sent to our employer, mailed to our employer at the last day of every month.

The CHAIRMAN. Mailed to your employer?

Mr. CARELLY. Yes; on the last day of every month, whichever the case might be, the 30th or 31st of the month.

The CHAIRMAN. That is a statement to your employer with respect to the amount of dues they should withhold and pay?

Mr. CARELLY. Yes, sir, that is for each and every driver.
The CHAIRMAN. For each driver?
Mr. CARELLY. Yes, sir.

The CHAIRMAN. That memorandum or statement, or whatever it is, is sent to the employer for each driver?

Mr. CARELLY. No, just one statement is sent for all of the drivers. The CHAIRMAN. They put the name of all of the drivers on there! Mr. CARELLY. Yes, sir.

The CHAIRMAN. And indicate the amount of dues that should be withheld?

Mr. CARELLY. Yes, sir.
The CHAIRMAN. Thank you. That may be made exhibit No. 1.

(Document referred to was marked "Exhibit No. 1” for reference and may be found in the files of the select committee.)

Mr. KENNEDY. When is this sent to the employer?

Mr. CARELLY. I stated on the last day of the month, the 30th or 31st.

Mr. KENNEDY. And it states the dues must be paid by the 10th of the month; is that right?

Mr. CARELLY. Yes, sir. Mr. KENNEDY. Now, you have been on the checkoff system since 1945, where the employer sends in the dues and checks it off your salary and sends in the dues to the union headquarters.

Now, were you nominated for office of this local?

Mr. CARELLY. Yes, sir, I was, I was nominated from the floor, on the night of September 3, at a general membership meeting.

Mr. KENNEDY. September 3 of this year; is that right?
Mr. CARELLY. Yes, 1958.

Mr. KENNEDY. And you were nominated for the position of trustee; is that right?

Mr. CARELLY. Trustee and business agent.

Mr. KENNEDY. Let me just ask Mr. Sammartino-how long have you been in the local?

Mr. SAMMARTINO. Approximately 21 years, sir.
Mr. KENNEDY. Have you also been in the checkoff system?
Mr. SAMMARTINO. Yes, sir.

Mr. KENNEDY. And your dues have been paid every month for 21 years by the employer; is that right?

Mr. SAMMARTINO. No, sir, the checkoff system, I am just guessing, took effect approximately 14 years ago.

Mr. KENNEDY. Prior to that you paid your own dues ?

Mr. SAMMARTINO. That is right.

Mr. KENNEDY. But for 14 years, the checkoff system has been in effect!

Mr. SAMMARTINO. That is just a guess.

Mr. KENNEDY. That is on the arrangements made between the employer and the union officials, or union; is that right?

Mr. SAMMARTINO. That is right.
Mr. KENNEDY. It is done by contract ?
Mr. SAMMARTINO. Yes, sir.
Mr. KENNEDY. It is part of the bargaining contract that the check-
off will take place?

Mr. SAMMARTINO. That is right.
Mr. KENNEDY. Were you also nominated for office?

Mr. SAMMARTINO. Yes, sir, I was nominated for trustee and business agent.

Mr. KENNEDY. At the same meeting?
Mr. SAMMARTINO. September 3 meeting, sir.

Mr. KENNEDY. Could you tell us, Mr. Carelly, what occurred after you were nominated ?

Mr. CARELLY. After I was nominated from the floor, the question came up concerning our eligibility, and so it was brought out to the attention that the officers maybe should go down to the union hall and find out who was eligible and who was not eligible according to the constitution. The reason I say to the union hall, this meeting is held at the Eagles Hall in Youngstown, Ohio, and it is a large auditorium, and doing something like this the audience is much greater than our union hall can possibly hold.

So they came back with their findings, and claimed that only one of our men was eligible to run.

Mr. KENNEDY. How many were nominated in your slate? Mr. CARELLY. There were four of us altogether, William DeGenaro. Mr. KENNEDY. Who was the fourth one? Mr. CARELLY. William Gaw. Mr. KENNEDY. And you were an opposition slate to the incumbent officers?

Mr. CARELLY. That is right. They came back with the findings that William DeGenaro was the only one eligible to run. So after I found that out, I asked for the floor, and I made a statement to the effect that I didn't buy their findings, and that if I had to I would fight it and fight it all of the way to the courts. Mr. KENNEDY. Why were you ruled ineligible ?

Mr. CARELLY. Because they claimed according to the constitution my dues weren't paid 2 years prior to the nomination; that is, to be in good standing your dues would have to be paid on the first business day of each and every month, and as I stated before, the employer does not send the statement out until the 30th of the month or the 31st, and therefore our employer cannot possibly send the money back on the 1st of the month, so it is ineligible.

The CHAIRMAN. May I enter a question there a moment.

When the bill is sent out on the 30th of the month, from your union, what day do you get your check for your wages?

Mr. CARELLY. Well, we get paid let me put it this way-we get paid on the 10th and 25th of each and every month. Our dues are taken out the 25th of the month, the preceding month.

The CHAIRMAN. In other words, at the time that bill is sent out, your dues have already been deducted!

Mr. CARELLY. They are already deducted.
The CHAIRMAN. For which month!
Mr. CARELLY. For the following month.
The CHAIRMAN. For the following month, and not the month in
which they are withheld !

Mr. CARELLY. No.
The CHAIRMAN. So that your dues are actually paid by you?
Mr. CARELLY. Well, I don't follow you there.

The CHAIRMAN. Just a moment. Under their contract the employer must withhold the dues ?

Mr. CARELLY. Yes, sir. The CHAIRMAN. And that is a negotiated contract between the employer and union!

Mr. CARELLY. Yes, sir.

The CHAIRMAN. Únder that contract in performance of the agreement contained therein with respect to the obligation of the employer to withhold, he does withhold on about the 25th of the month your dues for the following month?

Mr. CARELLY. Yes, sir.
The CHAIRMAN. And in withholding he is the agent of the local!
Mr. CARELLY. Yes, sir.
The CHAIRMAN. And therefore you have no control over it?
Mr. CARELLY. No, sir.

The CHAIRMAN. So that your dues are actually paid at the time that they are withheld ?

Mr. CARELLY. Yes, sir.

The CHAIRMAN. Now, whether the agent of the local transmits them before the 1st of the month, is something over which you have no control?

Mr. CARELLY. I certainly don't. The CHAIRMAN. But you cannot recover them, and they are already withheld, and you have no control over the amount of your dues after they are withheld ?

Mr. CARELLY. No, sir.
The CHAIRMAN. All right.

Mr. KENNEDY. Mr. Chairman, I would like to just call Mr. Bellino briefly in connection with what he has found in an examination of the records, and as to whether these gentlemen have had their dues paid.

The CHAIRMAN. Come around, Mr. Bellino.

In the meantime, I will ask each of you, Have you been delinquent for your dues at any time on any monthly payment during the past 2 years! Mr. CARELLY. No, sir. Mr. SAMMARTINO. No, sir.

The CHAIRMAN. In other words, this process of withholding has continued over that period and your dues were withheld each month for the following month.

Mr. CARELLY. Yes, sir, as long as we are under a checkoff, it is always withheld every month.

The CHAIRMAN. Have you worked all of that time, and your dues have been withheld

Mr. CARELLY. Without any interruptions, sir.

The CHAIRMAN. For each month during the 24 months preceding this nomination ?

Mr. CARELLY. Yes, sir.
The CHAIRMAN. Thank you.
Mr. Bellino, will you be sworn ?

You do solemnly swear that the evidence you shall give before this Senate select committee shall be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. BELLINO. I do.

TESTIMONY OF CARMINE S. BELLINO

The CHAIRMAN. Mr. Bellino, you may identify yourself.
Mr. BELLINO. My name is Carmine S. Bellino, member of the staff.
The CHAIRMAN. You are also a certified public accountant, are you?
Mr. BELLINO. Yes, sir.

The CHAIRMAN. And you are employed by the committee as a professional staff member in that capacity?

Mr. BELLINO. Yes, sir.
The CHAIRMAN. Proceed.

Mr. KENNEDY. Mr. Bellino, it has been a provision of the constitution of the Teamsters that you have your dues paid up to the first of the month to be eligible to run for office, and it has to be over a period of 2 years, and you have to be in good standing for a period of 2 years; is that right?

Mr. BELLINO. The pertinent provisions are article 10, section 5, which provides that all members paying dues—I might say article 2, section 4 first, to be eligible for election to any office of a local union or the international union, a member must be in continuous good standing for a period of 2 years prior to nomination for said office, and must have worked at the craft as a member for a total period of 2 years.

Article 10, section 5(c), provides that all members paying dues to local unions must pay them on or before the first business day of the current month, in advance. Where membership dues are being checked off by the employer pursuant to properly executed checkoff authorization, it shall be the obligation of the member to make one payment of 1 month's dues in advance to insure his good standing.

Mr. KENNEDY. Now, that provision that you just read was not in the constitution until September of 1957?

Mr. BELLINO. That is correct.
Mr. KENNEDY. That is a new provision !
Mr. BELLINO. September of 1957 convention provided this.
Mr. KENNEDY. Let us go back to what the rule was.
The CHAIRMAN. That is the convention in Miami?
Mr. BELLINO. Yes, sir.

Mr. KENNEDY. The rule prior to that, of the constitution, provided prior to that, that you had to have your dues paid up in order to be in good standing, and you had to have your dues paid up by the first of the month, and you had to have them paid up over a period of 2 years; is that right?

Mr. BELLINO. Yes, sir.

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