Pursuant to Paragraph 5.b.iii of the Stipulation and Order entered on June 3, 2010, in the matter of United States v. District Council, 90 Civil 5722 (SDNY) (RMB) (the “Stipulation and Order”), please be advised that the Review Officer is considering issuing a veto of your service as Executive Secretary-Treasurer of the New York District Council of Carpenters.
The facts and circumstances under review involve suspected violations of (1) Paragraph 5.b.iii (c), (d) and (e) of the Stipulation and Order entered in this matter on June 3, 2010, and (2) violation of Paragraph 7 of the Stipulation and Order; to wit:
(a) from on or about July 1, 2012, through March 12, 2013, you failed to abide by Section 21 of the District Council Bylaws and caused or attempted to cause employer compensation for members to be directed to the New York City District Council of Carpenters Welfare Fund;
(b) on March 22, 2013, you directed a business representative of the District Council attempting to properly enforce the collective bargaining agreement at the Javits Center to let a suspended member work at the Javits Center knowing that the person had been suspended as a member;
(c) on March 13, 2013, you refused to answer questions about your report to the Delegates properly posed to you by a delegate at a meeting of the Delegate Body of the District Council;
(d) on July 25, 2012, you engaged in indecorous and undemocratic behavior in a debate with a delegate at a meeting of the District Council Delegate Body;
(e) from on or about September 2012, to the present, you failed to continue the development of the business representative cross-training program recommended by the Review Officer and begun by the former District Council President and Assistant to the EST;
(f) from on or about August 22, 2012, through October 2012, you failed to take reasonable and prudent measures to implement the terms of the Memorandum of Agreement between the District Council and the Association of Wall-Ceiling and Carpentry Industries of New York, Inc.;
(g) from on or about January 11, 2012, to the present, you failed to review minutes of the meetings of the Board of Trustees of the Benefit Funds with the District Council Executive Committee;
(h) on March 22, 2013, you failed to cooperate with an investigation of the Review Officer by falsely stating, in sum and substance, that a certain business representative “suggested to me that I give [a suspended member] to the end of the week [working at Javits Center], like we are doing for others.”
Pursuant to procedures promulgated by the Review Officer to supplement the record in such matters (enclosed), and as provided for herein, you may deliver a written submission to this office via email stating any facts, law or arguments (and appending any exhibits) which might be, in your view, relevant to consideration of this matter. Said submission must be delivered by noon on April 9, 2013. A pre-action conference will be scheduled to occur at a later date. Please email any submission or other communications relevant to this notice to firstname.lastname@example.org, with copies to email@example.com and Bill O’Flaherty at firstname.lastname@example.org.
Dated: March 26, 2013
Dennis M. Walsh