OLIVIA SILVA FOR VICE PRESIDENT OF THE AMERICAN POSTAL WORKERS UNIONNick Cassell President American Postal Workers Union, AFL-CIO ecco Philadelphia, PA Area Local APG Blair Lawrence Treasurer 864 Main Street Darby, PA 19023 Larry C. Henderson Phone (610) 522-4520 © Fax (610) 522-4533 Director of insustia! Relations an June 30, 2016 arry C. Henderson - Hearing 0! ‘Alex Hawthorne - Hearing Officer Local Case Number: 2015001 ‘Trial Date: May 4, 2016 Charging Party: Robert Hall Charged Party: Michael Evangelist - Assistant Clerk Craft Director APWU Philadelphia Local 89 Charge #1 - Philadelphia Local #89 Asst. Clerk Craft Director, Michael Evangelist: Denied member the representation of his choosing Weingarten Rights and ELM 651.2. ‘The Trial Board sustains this charge, in part, and finds Mr. Evangelist “GUILTY in that he is in direct violation of, but not limited to, #9 of the members Bill of Rights which states - “Every member has the right... to be represented by an individual of his/her choice”; and in direct violation of but not limited to, ELM 651.2 as it relates to the member's “representation of choice.” Regardingthe member's Weingarten Rights the Trial Board finds Nir Evangelist “NOT GUILTY”, due to thetact that the member's Weingarten Rights were not violated. The Weingarten rule only applies to an investigative interview when Management is searching for facts relevant to determining an employees’ quilt, or deciding whether to impose discipline (Article 17.4 JcIM). Management never conducted an investigatory interview; therefore, the member's Weingarten Rights were never violated, Charge #2 - Philadelphia Local #89 Asst, Clerk Craft Director, Michael Evangelist: Discriminated against srember with a handicap Article 15 (c) AWPU National Constitution and Bylaws. his charge was reviewed by Treasurer Blair Lawrence and dismissed because t wat determined that the charge does not meet the criteria as established by Article 15, Sections 3(¢) and 3(f) of the AWPU A ational Constitution and Bylaws because there is not supporting evidence in the charge presented to Sstablishod that Mr. Andrews is handicapped, or of "special need.” Charge #3 - Philadelphia Local #89 Asst. Clerk Craft Director, Michael Evangelist: Exposed the APWU to coy exbility Article 15 (4) AWPU National Constitution and Bylaws (EEO vs: USPS and EEOC vs. Labor Union pending: which by law must precede Civil Discrimination legal proceeding). ‘This charge was reviewed by Treasurer Blair Lawrence and dismissed because it was determined that the charge does not mect the criteria as established by Article 15, Sections 3(o) and 3(f) of the AWPU ae eye Constitution and Bylaws because there is not supporting evidence in the charge presented to substantiate /corroborate the allegations of the charge PAGE | OF 2Final Summation: + Yes, Mr. Evangelist was in violation of #9 of the Members' Bill of Rights, and ELM 651.2 as they relate to members’ “representation of choice”. + Yes, there was some impropriety on behalf of Mr. Evangelist when he improperly conducted his own. investigatory interview of Mr. Andrews in front of Management! + Because of the above mentioned a STRONG WARNING will be given to Mr. Evangelist to be seriously mindful of who he was elected to represent. + Fortunately, Mr. Andrews did not lose any time, wages, etc... from this incident. + But due to the Charging Party's fallacy of accuracy and composition of its case, and due to the fact that the Charging Party presented absolutely NO supporting evidence/ documentation to substanti- ate/ corroborate the numerous allegations of its case, there is no warrant of discipline by probation, suspension, expulsion, up to and including removal from office at this time. Without prejudice to either party the recommendations of this Board will be hereby forwarded to the Executive Board of this Local Respectfully Submitted, Hearing Officers PG bine Gl, Hae Larry C. Henderson Alex Hawthorne Director of Industrial Relations Motor Vehicle Craft Director APWii Philadetp! Local 89 AFL-C on ARE ein PAGE 2OF2On 5/12/17 following months of ongoing and concurrent investigations by the National Labor Relations Board, Article XV Misappropriation of Funds Impeachment charges were filed against President Nick Casselli, Director of Industrial Relations Larry Henderson and Chief Steward Larry Love based on inculpatory evidence recently attained. Evidence used in support of stated charge WILL BE forwarded to the FBI, Dept of Labor OIG and USPS (OIG pursuant to racketeering and fraud charges being levied against the accused ‘The enclosed petition solicits the two hundred (200) signatures required to enact a Local 89 Constitutional amendment that NO UNION FUNDS be used in legal defense of ANY UNION facing charges for erimes committed against APWU Local 89 i.e. Misappropriation of Funds, Embezzlement, Fraud, Racketeering ete Print name Signature Date Tour PayLoc 10 n 2 a u“ 15 16 ” 18 1 20