United States District Judge Richard M. Berman issued a Decision & Order denying the eight candidates application to reverse the decision by Review Officer Dennis Walsh (RO) to disqualify them.
The Court upheld the RO's authority over a candidate seeking to run for a position as an Officer of the District Council which is clearly defined in the Stipulation and Order paragraph 5.k.iv:
"Any candidate seeking to run for a position as an Officer of the District Council during the Review's Officer's tenure must first be approved by the Review Officer, who will determine whether in light of the terms and objectives of the Consent Decree the candidate is qualified to run for office and represent the union membership. Any such decision by the Review Officer will be final and non-reviewable."
The RO used his authority and disqualified 16 of the 34 candidates at the nomination meeting on Wednesday October 12.
On October 17, Walter Kane and Larry Cary,
of the law firm of Cary Kane LLP, (the attorneys representing the Carpenters Committee for Democracy and
Workers Rights) filed an Order to Show Cause for Preliminary Injunction,
before the Court ordering the RO to show cause in writing why an order
should not be issued reversing the RO's decision to disqualify the eight candidates.
The complaint argues that the candidates were disqualified for various "arbitrary and capricious" reasons and that the RO exceeded his authority under the June 3, Stipulation and Order and is "reviewable by the court."
On Friday the RO submitted a response and argues that he "properly exercised his authority
under paragraph 5.k.iv of the Stipulation and Order and his decisions
not to approve the eight candidates should be upheld by the court." On Monday Cary Kane LLP, filed a reply reaffirming among other things that the RO exceeded his authority and his decision is reviewable by the court.
Below is the Courts Decision & Order uphold the RO's decision not to approve the eight candidates.
Carpenters Decision and Order 10 26 11
Friday, October 28, 2011
Court Denies Application to Restore Disqualified Candidates
5 comments:
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To RO has the last say and will not be bullied
ReplyDeleteHe has ultimate power and that power will be seen with the results of the delegate elections heads should roll again now that the court has shown that Dennis is the number 1 man in town the vetoes should continue now that this court motion is settled let's get it on
On to john daly next.
ReplyDeleteThe last three decades have been full of nothing but FAILURE. By the members. You all elected criminals, then re-elected them, repeatedly, to the point where people were so emboldened by your apathy and acceptance of corruption that the Federal government had to step in and tell you to stop. Forde? Devereaux? How many names should go onto the list of people that were put into positions of power and given the oppurtunity to 'get a little taste' at the NYCDCC memberships expense?
ReplyDeleteI keep seeing people whine about the RO. How come none of you had shit to say when Michael Forde was busted the first time? Or the second? No, your response was to re-elect him.
Because he's a swell guy.
Your times over, folks. Just keep punching your tickets until you retire, then let someone else fix it, or more likely given the 'traditions' that you all passed down to the new generation, fuck it up again.
Just like Daly.
ReplyDeleteDROP DEAD UNITY TEAM !
ReplyDelete