Sunday, February 17, 2013

Musumeci vs. Bilello

Irrational no apology– Bilello
Attention All UBC Members:

I would appreciate your views regarding the pending charges (see below, which were referred to the Trial Committee) against NYC District Council Executive Secretary-Treasurer Mike Bilello.

Unique to the New York City District Council of Carpenters, Section 5.f of the DC Bylaws, among other things state:

"any District Council Delegate may file a complaint with the Trial Committee Chairman and there by initiate an arbitration to be conducted before a three-member panel consisting of the Trial Committee Chairman, Trial Committee Vice Chairman, and a third arbitrator to be chosen by the Trial Committee Chairman and Trial Committee Vice Chairman. All decisions of said panel must be supported by substantial evidence and any party to the proceeding may seek review of a decision with the District Court."

Despite having made several good faith offers to EST Bilello to resolve this situation with a simple apology to the Delegate Body, Bilello irrationally chooses to waste the time, energy, and resources of the District Council by continuing to drag us down this unfortunate and embarrassing road.

In seeking arbitration there must be a distinct issue and request for an award.

I ask all my UBC brothers and sisters to carefully review the charges and articles below, and to post your views on what remedy should be sought by arbitration.

The Stipulated Issue is: Did NYCDC EST Mike Bilello violate articles of the UBC Constitution and NYCDC Bylaws? If so, what shall the remedy be?

Thanking you in advance,
John

Things to consider:

On January 9, 2012 I posted an article "Carpenters sue to block contract vote". Among other things I wrote, In a blow to builders, who support the deals, a lawsuit filed Friday seeks to stop the process. Rank-and-file carpenters filed suit Friday to block a vote on collective bargaining agreements that the union's national bosses hope to get approved before new local leadership takes power Wednesday.

On January 22, 2012 I posted an article "Leaders Uncomfortable with Speed of Free Speech". Among other things I wrote, more than 2600 websites are blocked in the People's Republic of China under the country's policy of Internet censorship. The dictators ban such sites as Facebook, Twitter, and YouTube, because the dictators know it is a powerful tool to spread information and it’s packed with democratic power.

On January 28, 2012 I posted an article "Delegates To Membership: Drop Dead". Among other things I wrote, that was the clear message sent at last Wednesday delegate meeting when a majority of the 100-member delegate body voted to bar members from attending delegate body meetings.

On January 29, 2012 I posted an article "Review Officer to Delegates: You're Vetoed". Among other things I wrote, Vindicated, Review Officer Dennis Walsh vetoed a motion made at last Wednesday meeting of the Delegate Body to bar rank and file members from attending meetings of the Delegates.

On January 31, 2012 at a Local 45 union meeting, Bilello's assistant Lebo, publicly singled me out by name as a security risk, alleged I was responsible for the January 10, Crain’s article, “In blow to contractors, gaffe stalls union vote,” implied I was responsible for the threats of legal action against the District Council by contractor associations and stated he had “written up charges against me” and threatened me in his office. He then said he didn’t file the charges because of “free speech” issues but indicated he may file charges at a later date, saying, “The charges are still in my desk.”

On February 7, 2012 I sent a "letter to EST Bilello". Among other things I wrote, "in response to malicious statements made and continue to be made against me by your assistant and request a written and public apology by President Lebo." Bilello never responded to the letter nor did I receive an apology.

On March 14, 2012  I posted an article "Vote No on "Contracts." Among other things I wrote, Contractor Associations are continuing to wage a campaign style effort to try to convince carpenters to vote yes on a new five (5) year contract while the Bilello administration is intentionally withholding key information and remains silent as they push this contract sellout deal on the membership.

On March 21, 2012 approximately fifteen minutes into a delegate body meeting, Bilello's assistant Lebo, publicly incorrectly ruled me out of order, and unlawfully had me removed from the meeting.

On March 22, 2012 I sent a "letter to EST Bilello". Among other things I wrote, "in response to the conduct of President Lebo during the Delegate Body meeting of March 21, 2012. Specifically, approximately fifteen minutes into the meeting, I raised a Point of Order and Lebo incorrectly ruled me out of order, and unlawfully had me removed from the meeting. I request a written and public apology by President Lebo to the Delegate Body and myself." Bilello never responded to the letter nor did I receive an apology.
  
On July 30, 2012 I posted an article "Insanity." That's the word to best describe what happen at Wednesdays July 25, 2012 delegate body meeting (see blog post).

On August 5, 2012 I posted an article "Double-Standards and Hypocrisy". In the article I wrote among other things, Bilello "was elected to the office of Executive Secretary-Treasurer in January 2012 with a commitment of a transparent and corruption free union. When the administration is not being secretive, they abuse their authority and power, specifically by, conducting delegate body meetings in a partisan way, not in accordance with the Laws of the UBC and parliamentary rules, trampling on members rights, by publicly, inciting partisan delegates into a frenzy of hatred, spreading lies, intimidating, harassing, humiliating, threatening, and acting as judge, jury, and executioner, all in an effort to silence any member that dares to not toe the party line (see blog post).

On August 6, 2012, I had a meeting the IG and CCO and stated, "It is not in the best interest of the union to have this fight." I proposed a settlement offer, the IG and CCO met with Bilello and Lebo, to discuss the offer, settlement is based on dropping the charges filed against me by Bilello's assistant, Bill Lebo, making a public apology to the delegate body with a clear explanation of why their behavior and conduct was inappropriate at the July 25, 2012 Delegate Body meeting, and a commitment to conduct delegate body meetings in accordance with the Laws of the UBC and parliamentary rules. On August 8, 2012, the IG and CCO informed me that the settlement offer was rejected by Bilello.

On August 12, 2012 I posted an article, "Bilello & Lebo Embroiled in Alleged Cover-Up".  Executive Secretary-Treasurer Michael Bilello, and President Bill Lebo, have allegedly become embroiled in a cover-up, by intentionally omitting "personal and intimidating" comments (which are in violation of the Laws of the UBC) made during the delegate body meeting of July 25, 2012 (see blog post).

On September 23, 2012 I posted an article "Bilello Administration Rocked with Scandal as NYCDC President Forced to Resign". The New York City District Council of Carpenters is once again rocked by scandal as President/Benefit Fund Trustee and Bilello administration political appointee and longtime adviser, William S. Lebo was forced to resign Friday amid allegations of inappropriate behavior.

On November 16, 2012 I posted an article "Whitewash: Bilello Exonerated by IG & CCO". Inspector General Scott Danielson (IG) and Chief Compliance Officer Josh Leicht (CCO), issued a four page whitewash report that exonerates Executive Secretary-Treasurer, Mike Bilello of improper conduct and it appears to reasonable people who have read the report that the Bilello administration has succeeded in intimidating the IG and CCO into doing its bidding.

On November 25, 2012 I posted an article, "Bilello Faces Four Counts of Charges." Where among other things I explained and posted the charges and audio of the "appalling failure of decorum and procedure" relating to the July 25, 2012 delegate body meeting during questions regarding the MWA crisis.

On December 3, 2012, I posted an article, "District Council Web Site, Information and Transparency." Below is an excerpt from the Fifth Interim Report of the Review Officer.

On December 3, 2012, I posted an article, "Democracy and District Council Delegate Meetings." Below is an excerpt from the Fifth Interim Report of the Review Officer.

On December 3, 2012, I posted an article, "Liar Liar." Below is an excerpt of the Fifth Interim Report of the Review Officer.

On January 8, 2013 I posted an article "RO comments on the conduct of the July 25, Delegate Meeting." Where on December 19, 2012 at a Court Conference with Judge Berman, Review Officer Dennis Walsh discussed the conduct of the Delegate Body meeting.

On January 19, 2013 I posted an article "Free Speech Under Attack." Stating that the District Council is attempting to shut this blog down, thereby silencing yours and mine protected free speech rights and filed an "Application for Veto," requesting a veto of the charges filed against me.

On January 22, 2013 I posted an article "Democracy and Free Speech Triumphs." In a resounding victory for democracy and members free speech rights, Review Officer Dennis Walsh, issued a veto of the bogus charges filed against me by Bilello's assistant and former DC President Bill Lebo.

On January 24, 2013 a trial was held in, Danielson (IG) vs. John Smith. Smith was found guilty of 1 count of each, 51(A)(5), 51(A)(12), and Bylaws Section 3. The penalty imposed by the Trial Committee was $5000 fine and Expulsion. Smith's crime, he posted the name and address of a UBC member on his Facebook account.

Bilello Lebo Counter Charges

19 comments:

  1. John,
    For me this is very clear, I believe that EST Bilelo should resign the office at the bequest of the members who have been robbed of democracy under his so called leadership.
    At the very least, a public apology to you for the threats and false charges, the administration directed at you, which in my opinion were personally directed, and not in the best interest of the membership.
    There should be a mailing sent out to every member, of your being exonerated, and explanation of how these were in fact, false and baseless charges. This information should also be posted on the NYCDCC website, including links to all the stories pertaining to these charges, on the 157blogspot.com
    I'm not sure if a monetary settlement is warranted at this time, but why not? They are throwing money around like drunken sailors down at that council.
    Tom McGonnigle 157

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  2. John,
    At the minimal a public apology from EST Bilello and that apology posted on the NYCDCC website. After all, the NYCDCC website is supposed to be the go to place for all Carpenter news, right? Transparancy can start right on the DC website with a public apology. Mike Bilello, if you are reading this, it is time to quit your bully-pulpit techniques. You used to be one of us, remember? And it wasnt sdo long ago either. Unroil yourself from the entanglements of politics and just do the right thing. You will garner more respect than trying to grand stand as you are doing now. Let it go MIke! BTW-Thanks for all of the transparant information you post here John.

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  3. If charges are filed against Mr. bilello..why has it not been brought to the trial committee

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  4. The fact the Bilello refused to make a simple apology to the delegate body proves he is unfit to hold office. The fact that Bilello would choose to waste the time, energy, and resources of the District Council proves he is unfit to hold office. The remedy would be removal from office.

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  5. DROP DEAD UNITY TEAM !

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  6. You should resign from office!

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  7. The distinction issue for arbitration is that EST Bilello & former President Lebo have actively & openly engaged in a collusive effort to accomplish two primary objectives: 1) Have you fired from your job at Bloomberg 2) Rid the District Council & UBC International of your 157blogspot.com, via; 5 (F) No Delegate of the Council Delegate Body shall be subject to any adverse employment action, harassment, intimidation, threats, or coercion by the District Council, the Council Delegate Body or any Officer thereof for exercising, in good faith, the authority of, or fulfilling the duties of, a Council Delegate as provided for in these Bylaw

    The charge above was the primary goal & was used via a targeted pattern of harassment, threats, coercion, bullying & intimidation to carry out the remainder of the charges listed in your specific action against both Mike Bilello & Bill Lebo.

    Bilello is the conductor of the orchestra in this concerted effort which began upon their swearing in in January 2012 and Lebo was the chief puppet & enforcer of said joint action(s).They have used every available means including the delegate body, individual rank & file members and specific inside members with whom you worked in their effort to have you fired from your employment at Bloomberg, including District Council officers & paid employees.The above charges have to be considered in the whole context and the cumulative effect of this year long plus campaign of very targeted and specific harassment and not looked at in isolation as to the July 25, 2012 delegate meeting alone.

    Regardless of the efforts put forth on your behalf from their swearing in to the present; and, in spite of Lebo's veto, the message has failed to sink in, although having won every individual issue with these two boobs. The point is, they just don't know when to stop, they persist and they do so actively, openly & hostilely and directly under the nose of the R.O. & U.S.A.O. and they have used and wasted council resources and their employees time to assist them in said effort to have you fired at Bloomberg.

    Anyone familiar with racketeering knows that the clowns at the top orchestrating the scheme have willing fall guys. Lebo was one, Kuhn another.The action requested should be Bilello's immediate resignation and short of that a direct veto by the Review Officer for his part in conducting the operation. Bilello has a violent & explosive temper and is unfit to serve as EST.

    He has done nothing for the members in the past 13-months and he is a failed leader from the word go as he hasn't the vision or the brains for the task at hand and is being led about by McCarron, Spencer & the Contractor Associations like a little puppy dog.

    The 5(F) charge above supports all of the remaining charges. His termination via resignation or veto and a $75k dollar fine would be in order, leaving him with a 150k wage for the year and his pension to live on.

    He'll survive, but for the good of the rank & file, elimination of racketeering (of which all of his actions form a predicate for a continuation of racketeering) and restoration of democracy, Bird Brain Bilello gotta go!

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  8. bilello must go ! just one of Mccarron hoe's, or better put on the nob

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  9. 29 U.S.C. § 501 - requires a labor organization "to hold its money and property solely for the benefit of the organization and its members." Bilello was giving the chance "to resolve this situation with a simple apology," instead he chooses "to waste the time, energy, and resources of the District Council."

    The RO has issued veto's for far less. Hasn't enough "time, energy, and resources of the District Council been wasted already with the bogus charges this administration filed against you?

    How much money will it cost to take this to arbitration and how does arbitration benefit the "organization and its members?"

    Hasn't Bilello learned anything from his disastrous decision of taking the MWA to arbitration, now he chooses to again take this to arbitration instead of apologizing for his actions.

    Clearly he is acting irrational and not in the best interest of the union and members. He is obliviously unfit to hold the office of Executive Secretary-Treasurer.

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  10. Elected officials should not just be held to a higher standard, rather they should be held to the HIGHEST standard.

    To quote the RO, "the union needs to aspire to a very high standard in the conduct of its governmental affairs."

    "And I was greatly disappointed that people were shouted down, that they did not have the opportunity to pursue perfectly legitimate questions that they wanted addressed by the dias. And I criticized the leadership for that."

    "There was a report requested by one of the delegates from that night, Mr. John Musumeci, who I think was fairly characterized as the victim. Perhaps they would call him just the recipient of some insensitive remarks from the chair and insensitive conduct. He requested a report from the inspector general and the compliance officer. And I've talked to him about this. He was very bitterly disappointed with their review and their finding that in their estimation the only technical violation committed by the president was that he did not leave the dias before he started to opine on the question before the body."

    "So I said that I thought intelligent people could disagree but that in my view the conduct could fairly be viewed as harassment, for what that was worth."

    "I think the moral of the story is that people understand that they erred."

    The members confidence in this union has been bruised and battered, the actions of this administration are deplorable, Bilello is out of touch with reality, he should resign.

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  11. What shall the remedy be? It is simple, have the arbitrators look at similar cases and the historical data of the penalties imposed by the Trial Committee as a guideline. The arbitrators should than seek a remedy (penalty) that is more severe, holding Bilello accountable to the highest standard.

    As the RO said,"the union needs to aspire to a very high standard in the conduct of its governmental affairs."

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  12. John,'
    His resignation is called for if the delegates are ever to be allowed do their job. They have expelled members for less. But will Walsh let him be taken out.Doubt it. So now to be realistic. At the very least a public apology to you and the delegates. A FORCED and MANDATORY class for Biello and ALL the rest of the eboard on Roberts Rules which they are obligated to conduct meetings by and without said knowledge and conduct the delegates will never be able to do their job.This is already supported by Berman. Also a stipulation that they shall be tested after an agreed upon time frame and if they have not learned then they are vetoed for . Members were vetoed for running for office for having less knowledge of Union rules and issues. Roberts rules is not only an obligation it is critical if delegates are to function as Walsh promised.A posted notice on the council web site about members and delegates rights and how Biello will not violate them again is also called for
    All the best
    Rich

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  13. Both Bilello and Lebo made you a target because you have made “informing the membership your singular and zealous avocation” by your "ongoing reporting of District Council matters and criticism of Union leadership,” “which has benefited thousands of members over the years.”

    Bilello on the other hand, has repeatedly shown he is incapable of “adequately informing its members of news that affects their Union and their livelihoods”

    Bilello used his highly paid assistant (Lebo) and anyone else he could as useful idiots to attack and continue to threaten you with filing charges, while he attempts to be above the law, secretly giving his nod of approval.

    The Stipulated Issue is: Did NYCDC EST Mike Bilello violate articles of the UBC Constitution and NYCDC Bylaws? If so, what shall the remedy be?

    I would ask for a declaratory judgment to the effect that Bilello's behavior is unacceptable, and either:

    1. In the event that the arbitrators find the evidence sufficient to warrant removal from office, removal from said office. Alternatively,

    2. An injunction against withholding pertinent information from the delegate body and to desist from any further unlawful actions taken against individual delegates; a sincere commitment be shown by Bilello to comply with the bylaws, including supplying delegates with pertinent information sufficiently in advance of any vote to allow an informed vote. A declaration that pertinent information must be given to the delegate body and that the withholding of pertinent information as occurred with the reductions in the benefits and the MWA arbitration is both unacceptable and that further violation will cause a removal from office.

    3. A very high dollar fine, in order to set an example and discourage such behavior in the future.

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  14. Proposal for remedy:

    The dismal tenure of EST Biello has been a sorid collection of Bylaw violations, selective disemination of information, omission of information and willful misleading of the delegate body.
    The one and only success of EST Biello has been to create a Soviet style "democracy" in the delegate body with the illusion of a functioning legislative institution. The unfortunate reality remains that the delegate body enabled by council employee/delegates is a disfunctional rubber stamp of a self-serving entity of the council elite. EST Biello has abused not only Delegate Musumeci publically but other delegates also because he feels he can because the power is stacked in favor of the council.

    Proposal for remedy:

    1.Veto of EST Biello for violations of the NYCDCC By-Laws, Consent Decree and Stipulation and Order.
    2.Complete overhaul of Delegate Body rules.
    3.No more then 25% of Delegates can be employees of the District Council.
    4.Court appointed stenographer will produce transcripts of executive committee and delegate meetings.
    5.All delegate votes must be roll call and posted on DC Website within 24 hours.

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    Replies
    1. Mike Bilebo had several mental breakdowns at delegate meetings when questioned by membership oriented delegates. EST Bilello is mentally unstable and unfit to lead the NYCDC.
      IMPEACH BILELLO !!!

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  15. All delegate votes must be roll call and posted on DC Website within 24 hours.
    Defines transparency

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  16. John,
    As we are well aware Bilello has done everything in his power to stifle discussion of the issues and union democracy in spite of his campaign literature. When it came to the contract vote he said "WE HAVE TO GET THIS DONE TONIGHT" 6 months later we still have no contract. This man has disrespected and even attempted to intimidate delegates. He has shouted several delegates including you in an attempt to shut them up. This guy should resign but at least apologize to you and the other delegates he has insulted. He has made a mockery of the NYCDCC BY-LAWS and Dennis Walsh's attempt to instill democracy into this council.

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  17. Before he resigns, can we get a full & complete copy of the rough draft of the entire contract so we may check all of the verbage to make certain that the half assed cheat sheets they are using and which are not quoted chapter & verse and showing what the previous langauge was verses what the newly proposed CBA contract langauge shall become - just to make sure they arent screwing the rank & file behind the scenes and with-holding lanaguage they don't want anyone to see until the contract is executed (signed).

    Transparency & the new bylaws warrant a full copy of every Contractor Association proposalsl i.e. a "ROUGH DRAFT"

    Trust is supposed to be a key element going foward & you just can't trust them unless you see the entire Contract, page by page & line ityem by line item.

    If they aren't hiding anything they have nothing to fear!

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