Sunday, August 7, 2011

A Statement Regarding the District Council Bylaws Approved for Publication

To all members:

Click to enlarge.

The RO is granted specific authority by the Stipulation and Order. I am strictly bound to its terms. If I had been granted plenary authority to write bylaws and implement them, such a document would be different from what has been published. Paragraph 12.b of the Stipulation and Order merely requires the UBC/DC to amend the 1999 Bylaws (and the riders added over the years) to comport with the terms of the Stipulation and Order. That did not require the UBC/DC to do much. The document that has been published goes far beyond the basic 12.b requirements and reflects everything that I have been able to accomplish through negotiation – where my principal leverage has been limited to appealing to common sense and citing the terrible history of the DC as proof that cookie cutter bylaws simply are not acceptable. The UBC has conceded a great deal in this regard, and the published bylaws are unique in the scope of protection given to the governance and administration of the DC.

I urge you to compare the ’99 Bylaws with what has been published, and also study and reflect on the content and scope of the newly published bylaws and how the various new provisions, responsibilities and functions will greatly reduce the risk of corruption and empower vigilant members, delegates and officers to protect the sanctity of the union. No matter what the bylaws say, it will be up to the members and the people for whom they vote to shepherd the rights and expectations of the rank and file. Ultimately, the concerted, good faith efforts of a small group of determined and courageous members relying on and enforcing every aspect of the bylaws will provide the best insurance against perdition.

I have also given Paragraph 12.b approval for the bylaws to be published because of the urgency of time. I view the election and strict adherence to the schedule as pivotal. Any other course for the bylaw process will involve litigation which will destroy the schedule (and thus extend the trusteeship). If the bylaws need to be improved, I have until December 3, 2012 to seek such improvements, and will have the benefit of the record of any shortcomings or abuses after January 11, 2012, to buttress any litigation I must pursue.

Dennis M. Walsh
Review Officer

Fitzmaurice & Walsh, LLP
15 Chester Avenue
White Plains, NY 10601
914.437.9058
914.607.3081 (fax)
dmwfw@verizon.net

8 comments:

  1. ANYMEMBER ANY UNION ANYWHEREAugust 7, 2011 at 3:59 PM

    Dennis Walsh you are a lip servant. Refer Spencer ,Ballantyne and McCarron to the DOJ for obvious reasons then we can call it a start!!!!!!!!

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  2. The Executive Secretary - Treasurer shall determine the number of Business Representatives, to be elected by the rank and file in a one member one vote election by the affiliated Local Unions of the Council. He or she shall have the authority to appoint additional Business Representatives to any Local Union if the need for such arises. Elections of Business representatives shall be in accordance with the Constitution of the United Brotherhood, the Consent Decree entered in United States v. District Council et al., 90 civ. 5722, and State and Federal Laws

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  3. I can’t imagine how much worse it would be for the rank and file if you had been given Plenary Authority. Your agenda has been clear form day one. Crush the locals and feed them to corrupt district council. "The Locals have outlived their usefulness" "I am not opposed to the UBC dissolving the locals" "It is not the RO,US Attorney of the courts duty to see if any of these bylaws violate federal law" If you did have Plenary in my opinion the rank and file as well as the locals would be far worse off is that is possible. Let’s not pretend these bylaws are like this because your hands are tied.

    You told the Court that the UBC is restricted because there are bylaws that they MUST impose on the membership. That is a flat out lie. Perhaps if you were not so bias in favor of the UBC desires because they fit your delusional concept of what a democratic Union structure should be then you would fight for the membership as they thought you were going to do.

    Nothing personal but your concept of Unionism sucks. Your union destroys the locals and hands them over to the corrupt council system. Your union destroys any rank and file democratic rights because in your delusion you feel the rank and file need some dumb ass delegate to think for them. Your super delegates are doomed in my humble opinion to failure for the very reasons you list today "it will be up to the members and the people for whom they vote to shepherd the rights and expectations of the rank and file. Ultimately, the concerted, good faith efforts of a small group of determined and courageous members relying on and enforcing every aspect of the bylaws" They will fail because any attempts by these "courageous members" to expose corrupt UBC Officers and contractors will be crushed with the full might of the UBC International, Douglas McCarron and Frank Spencer. Just as they did to anyone who tried to expose previous crooks and criminals like Forde. Just as they have always done. Those courageous members were persecuted to the fullest extent of the UBC International and the corrupt council system. Since you have chosen to ignore the UBC complicity in the corruption because their agenda is similar to yours and you can use each other to crush the membership, you leave them in power unscathed. How many times have you hinted that once your office is gone the success rate of your so called checks and balances drops. Of course you will blame that on the rank ad file membership as well whom you repeatedly blame for Forde and his corruption.
    The UBC has not conceded crap. They have created these bylaws to enslave the NYC members as it enslaves the UBC member’s nation wide. You see this as concessions.

    Now you play the "we have to allow these bylaws or it will stop the elections and continue the trusteeship" and we will "fix them later" card. Really.. How about if you provide the membership Spencer’s forms LM-15 and LM-15a explaining the justification and reasons for the trusteeship and the justification and reasons for continuing the trusteeship Show us the part where it says the Trusteeship was needed because the existing bylaws are bad. Show us where it said it was required because the election process was bad. The new bylaws and the new election process are an edict of your office and the lack of either would not continue the trusteeship. An election could be held under the old rules and the old bylaws could stay in place and be rewritten after the trusteeship ends because either way the Council has to comply with your office. All you need for your election is a date. Would it not be better to conduct an election under the old rules modified with a Temporary ruling from Judge Berman than to force an entire set of BS bylaws down member’s throats before the many illegal sections clear the LMRDA and DOL scrutiny and legal process.

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  4. Tell me which areas of Spencers original LM-15 reasons to justify the Trusteeship still exists to the degree that they would survive a challenge to the continuation of the Trusteeship on the LM-15a. I would bet with out the interference of your office the answer is none. The trusteeship should already be over. I would also bet Spencer never filed the required LM-15a and if he did it was late and did not contain a justification for continuing it. Again I am sure you will say it is not the duty of your office to see to it the UBC follows the law and DOL regulations and does not continue to screw the NYC membership.

    If these bylaws are the best you could do than how will you answer to the members paychecks which are already taxed to death and already have illegal assessments and deductions taken, who will have to pay for this.

    The Executive Secretary-Treasurer shall be paid a salary of Two Hundred and Twenty-Five Thousand Dollars ($225,000) per annum which may be increased or decreased by five percent each year. One quarter of a million!!!What WILL his pension amount be??? Director of Operations and Director of Organizing
    Inspector General, Deputy Inspector General, Chief Compliance Officer, Deputy Chief Compliance Officer, Director of Human Resources, and Chief Accountant. .Are you kidding me. Who will pay for these offices and how much will their salaries and Pension package be??? How much is this delusional Labor Management "let’s have the crooks overseeing the employers" program going to cost and who will pay for it.

    The Council may impose a per capita tax on each Local in the amount of $11 per member. The Council may increase the amount of the per capita tax by majority vote of the Delegates voting at a special convention held by the Council

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  5. So we start with $11 dollars per member..

    Then we take "The Council shall receive working dues in the amount of 1% of the members total package rate for each hour worked"

    Than we take The Council shall also receive working dues from each member of $.60 per hour for each hour worked, (subject to review and modification by the Council Delegate Body after review and report by the Audit Committee)

    Than we take "The Council shall also receive working dues of $500 per year from every carpenter who has performed carpentry work for a signatory contractor in our jurisdiction during the calendar year."

    This is what they will take from the working member.

    And if it is not enough the UBC concedes to steal more at their discretion and you challenged none of this either:

    In case of a deficit in the funds of the Council, as determined by the Executive Committee in consultation with the District Council Accounting Department, the Council may levy a special assessment on each Local Union based on the number of members in the Local. Blank Check. And imposing special assessment with out a secret ballot vote as required under the LMRDA


    The Delegate Body may establish monthly dues or increase working dues payable to the Council by a majority vote of the Delegates voting at a Special Convention. Blank Check powers with no members approval

    For any quarter in which less than 90% of a Local Union's membership have not signed authorization cards providing that working dues will be paid to the Council, a per capita tax shall be payable by such Local Union to the Council based on the number of non-participating members. If any locals membership votes not to pay the council extortion we shall take ignore the right of the members and take the money out the back door. So now we are forcing members to sign the authorization or stealing the money anyways. Hmm. NY York State law 193-b says authorization cards must be voluntarily signed. So if they don’t sign you’re doing what??? Extortion is illegal and for the RO Office and US Attorney to allow this is criminal.

    The Council may impose a per capita tax on each Local in the amount of $11 per member. The Council may increase the amount of the per capita tax by majority vote of the Delegates voting at a special convention held by the Council.

    “These bylaws reflect everything that I have been able to accomplish”. God help you all

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  6. Nothing worse in life than a liar or thief.

    When your both, you disgrace your mother who bore you and you stain the name your father gave to you.

    Way to go Dennis!

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  7. Walsh - where is the time for member review and direct input. You have held back drafts from members eyes & you submit this on a Sunday, immediately prior to a Court Conference.

    Talk about inept, ineffectual legal counsel - you take the cake!

    Did you get your slice of the pie via an un-named, offshore account courtesy of McCarron?

    Yeah screw it - when the theft involves billions of dollars, what the hell - better than ending up dead huh?

    Yu are all smoke & mirrors and you are a coward!

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  8. Nearly all men can stand adversity, but if you want to test a man's character - give him power.

    Abraham Lincoln

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