In one of the most historic meetings of Local 157, members democratically debated parliamentary rules, the proper use of "motion to table" and the motion regarding Michael Forde and Martin Devereaux.
Member's voted in one loud voice to pass a motion to have legal fees reimburse and have the UBC initiate actions filing formal chargers against Michael Forde, 55, the former leader of the New York City District Council of Carpenters.
Over 100 members attended the September 20, meeting including Review Officer, Dennis Walsh.
Walsh spoke about the new trial committee process that allows the rank-and-file to bring corruption charges against higher-ups in a fair forum.
Walsh said the Carpenters Union is entering into a "new era of zero tolerance for corruption, you don't have to take it anymore...justice will be served." "Each one of you has the power to be the eyes and ears for reform."
The role of trial committee chairman will swing between former federal prosecutor Walter Mack and former New Jersey Chief Justice James Zazalli.
Walsh said Mack and Zazalli are here to help and protect members and encouraged members to use the new process and call 212-619-3730 to file charges, he then answered members questions.
Ousted District boss Michael Forde pleaded guilty late in July to racketeering and bribery charges as did former Local 608 president/business manager, John Greaney.
Forde the self-confessed, 16-year racketeer, perjurer and bribe-taker never missed an opportunity to enrich himself at the expense of his membership.
On July 9, 2008 at a regular schedule council delegate meeting, Forde had his No. 2 man and self-confessed co-criminal, John Greany, make a motion to reimburse legal fees totaling $751,235 supposedly spent by Michael Forde and Martin Devereaux, in connection to their September 6, 2000 bribery case.
The two were convicted in that case in 2004, but a Manhattan Supreme Court justice tossed the conviction in 2005 because some jurors had read news accounts of the case. The pair was acquitted after a second trial in June 2008.
In light of Forde's guilty plea, last month I made a "motion" for the UBC to "sue Michael Forde and Martin Devereaux" and recover the $751,235 they fleeced from the membership.
Without missing a beat and right on cue, Local 157 Vice President/Representative, Anthony Pugliese, raised his hand and made a motion "to table," stating that Forde was "found innocent of the charges and entitled to the reimbursement."
After an article was posted on this site, UBC Brother Richard Dorrough commented, "Pugliese had no right to "table the motion" until it was determined if there was second" and until the Chair invite members who are both for and against the motion to discuss it and call for a vote.
"Local 157 President Lawrence D'Errico as the presiding officer had no right to accept Pugliese's motion to table, it was completely improper and out of order.”
Armed with a copy of Roberts Rules, the UBC Constitution and consultation with parliamentarian brother James Brady of Local 747 in Syracuse, I called a "Point of Order" respectfully asking the Chair to rule the "motion to table" improper, explaining why I believed it to be out of order.
The Chair did not agree and ruled the motion "to table" allowable under the UBC Constitution, therefore its use was proper.
Not agreeing with the Chair's ruling I interrupted the Chair and "Appeal from the Decision of the Chair" which was seconded and we had a debate on the proper use of "motion to table."
Citing the UBC Constitution and Roberts Rules, I informed the Chair that the "object of motion "to table" is to allow the group to set aside the pending motion in order to attend to more urgent business."
Being that there was no urgent business the motion "to table" was improperly used to kill a motion without the benefit of discussion and cited examples of proper use.
If a motion “to table” is used for any other purpose it violates the rights of the minority. Therefore, this motion used to kill another motion is out of order.
After a lengthy discussion the Chair ruled that the "Point of Order" is well taken.
During the "Good of the Order" I made a motion to "take from the table," to bring the tabled motion back before the membership, which received a second.
This time the Chair stated the question and members debated.
During a healthy debate brother Mike Bilello, made a motion to amend to strike Devereaux and include filing charges against Forde.
Once all members had a chance to debate the issue the Chair restated the motion and put the question to a vote.
The motion was passed and the Chair announced the results.
Parliamentary Procedure in action, you got to love it.
(The below flier was handed out before members entered the meeting)
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| Meeting Handout |
Jim Brady. You gotta love him right John??
ReplyDeleteMan how pissed do you think El Awrence and Puggy are. Boy did they get spanked by a member who was educated in Roberts Rules which for the record is the final decision at our meetings.There statement about the UBC Constitution allowing them to table motions (to violate members rights) further betrayed their ignorance and was a clutch at the proverbial straw. How pissed off are they that you were versed in Roberts rules and proved them full of crap.How could Larry possibly want to run the NYC District Council when he cannot even conduct a Local meeting due to ignorance of Roberts Rules. I hope Mr. Walsh took notice.
Speaking of Walsh. You do realize that the only reason you were able to pull this off was because he showed up at your meeting. That is not to belittle your education in Roberts rules but you can bet your ass these two clowns would have refused you at every turn regardless of the truth of Roberts rules as you presented it. El Awerance would not dare pull the crap he has done to so many others with Walsh watching and he so wanting to suck McCarrons ass as NYC Council EST. Not only do they have egg on their faces but now they have to go face Forde and beg his forgiveness.Walsh statement "new era of zero tolerance for corruption, you don't have to take it anymore...justice will be served." made it clear to them both he was not going to allow them to railroad any more bullshit.My opinion of Walsh just got elevated. He knew what message he was sending by showing up. Now the members see that they have a powerful champion willing to show up in Walsh.Now the members see that John just spanked Larry and Puggy.Hard!!!Either way John you and the members stomped them both and gave the rank and file a victory we can all look to as an example that if you educate yourself and fight back you can win.
Now the bad news. You can bet your ass that Spencer and McCarron will not move against Forde. They have refused to investigate him and his cronies and did everything in their power to keep this admitted scum bag criminal in office so he could rob and steal from the rank and file. Remember that when Forde got busted and tested wasted on drugs he had just returned form a trip to Canada with Douglas McCarron. It was NOT the UBC who brought Forde and the rest to Justice it was the US Attorney because Spencer and McCarron refused.They will be sure not to file charges against Forde saying the US Attorney already brought him to justice. They will then claim they cannot reclaim the attorneys fees because the terms of restitution were set by the US Attorneys Office and the Lawyers fees were not included. This is why they WILL NOT file charges against him which when he was convicted, and how could he not be,would allow them to recover the legal fees. For Christ sakes I would not be surprised that if the charges were filed Spencer and McCarron would have the Internationals Lawyers, Decarlo, Smeckle and Smeckle, defend Forde at the members expense. I am sure McCarron and Spencer would give him a character reference. After all while he was stealing from the members and taking money from the boys McCarron and Spencer were giving him parties,raises,posing for photo ops with him and targeting the deranged loners who exposed the scum bag. I hope the US Attorney is paying attention.
Congratulations John. Keep fighting and keep exposing the arts. Hey.El Awernce and Puggy. Ha Ha Ha Ha Ha Ha. There goes your EST job Larry.
John,
ReplyDeleteMake sure you highly publicize what Spencer and McCarron do with the decision. I sure hope the NY press does not do any story's like "NYC Members move to bring Internal charges against Forde"or "Carpenters Big Wig Mike Forde to feel wrath of the Rank and File" or better Yet. "UBC members do NOT have to take it anymore and move to "serve justice" on Carpenters Crook"
Then when Specner and McCarron refuse to act I hope they dont do a "UBC International continues support of Convicted Criminals" or "Spencer and McCarron continue to protect their boy Mike Forde" either oe works but of course I hope the press does not get hold of this.
fa·ce·tious
/fəˈsiʃəs/ [fuh-see-shuhs] S
–adjective
1.
not meant to be taken seriously or literally: a facetious remark.
2.
amusing; humorous.
If a member wanted to do the same in his local, what would the approach be? Do I need to read the whole book on robert's rules, or is there a straight forward procedure for getting this kind of vote to the floor?
ReplyDeleteBy the way: I'm totally inspired by what you guys accomplished! That's a big step in the direction of turning this union in the direction it should be headed.
ReplyDeleteSome highlights of the meeting:
ReplyDeleteMembers moved successfully for a letter to be written to Supervisor Spencer requesting that disgraced former EST Mike Forde be Expelled from the UBC and that an attempt be made to recover monies donated on his behalf for any legal expenses. A move previously thwarted by E-Board members.
Members moved, unsuccessfully but courageously, to have a letter written suggesting that assessments be frozen for a period. So divided were the members on this issue that a count of votes had to be conducted with opposing members literally standing on opposite sides of the floor. A heartening display of real democracy due to members taking a stand.
Announcements:
An increase of $2.13 in wages will be implemented on October 1st, 2010.
There will be a Review Officer's Report Focusing on The OWL to be released in December 2010.
The UBC will be the sole negotiator of the 2011 Collective Bargaining Agreement if all remains constant.
Reports from members on the field say that yesterday's Local 157 meeting was one that shouldn't have been missed. Seems the presence of Review officer Walsh and his impassioned Anti-Corruption speech declaring "Zero Tolerance", asking members to "make that call", inspired members to take a stand on the side of those victimized by Fordes crimes against the Rank & File.
Richard, Jim Brady is the best...I will be calling him today.
ReplyDeleteI agree with you that the meeting may have been different without Dennis Walsh attending. My post may have been titled "Members Rights Violated Again," but then we would have had documented evidence to test drive Walter Mack's new trial committee... Thanks for all your help.
Brother John,
ReplyDeleteBe advised that someone has taken it upon themselves to post using our name (nothing new). While so far its been benign (see comment above) it is not as obvious as it usually is that it is not The Comm / The SU, our apologies.
To all well intentioned posters who wish to re-post or cross-post our material: We ask that you not use our official names (The Comm / The SU, The Steward Ad-Hoc Committee). To all others: You have been "advised".
By the way John, kudos to you and the Rank and File on your victory. We believe it should be mandatory that a basic class on Robert's Rules be taught at the Labor Technical College to insure greater membership participation at local meetings.
BTW why would these 2 scumbags Pugliese & D'Errico even try to protect Forde & all the other crooked bastards? Is Forde still giving orders to these 2 obviously corrupt scumbags? Let's get rid of the pricks who try to protect ANY CONVICTED FELONS.
ReplyDeleteAlso is D'Errico really the nephew of Vinny "THE CHIN" Gigante? That fucker shouldn't even be allowed in the union in any way shape or form.
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ReplyDeleteGood job guys, wish I were there to participate!
ReplyDelete