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| Bilello–You're Fired! |
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 dmwfw@verizon.net, with copies to jacknmitchell@gmail.com and Bill O’Flaherty at oflah267@optonline.net.
Dated: March 26, 2013
Dennis M. Walsh
Review Officer
5. Authority of Review Officer. The Review Officer is granted the following authority, rights, and responsibilities:
ReplyDeleteb. Review and Oversight Authority. The Review Officer is granted review and oversight authority with respect to the following matters and may, if necessary, prescribe exceptions and procedures under which such matters are to be presented to the Review Officer for review.
iii. Upon reviewing any matter described in paragraphs 5.b.i and 5.b.ii, the Review Officer may determine that the matter reviewed (c) is contrary to or violates any law or Court order entered in this case; or (d) is contrary to any fiduciary responsibility imposed by 29 U.S.C. § 501 or the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (“ERISA”); or (e) is inconsistent with the objectives of this Stipulation and Order. Upon such a determination in the case of the District Council, the Review Officer may veto or require the District Council to rescind its action, proposed action, or lack of action. Upon such a determination in the case of the Benefit Funds, the Review Officer must give written notice to the Benefit Funds that the action, proposed action, or lack of action presents a reasonable basis to believe that the matter meets one of the conditions specified in this paragraph 5.b.iii.(a)–(e), but the absence of such notice may not be construed to establish a presumption that such conditions are not present.
7. Cooperation. The District Council and the Benefit Funds, including all officers, employees, trustees, and members, must cooperate with the Review Officer in any matter undertaken by the Review Officer pursuant to this Stipulation and Order. Failure to cooperate with the Review Officer is expressly made a violation of this Stipulation and Order.
Bilello you do not possess the standard of morality or ethics to continue in your current position as EST for the District Council...You're Fire!
ReplyDeleteDROP DEAD UNITY TEAM !
ReplyDeletethe trade show industry needs a ro in the name of mack. what a fucking bunch of crooks, right billy ?
ReplyDeleteIF you read all the offenses you will quickly realize that Dennis Walsh has failed to do his job and must be removed immediatley. If you look at the big picture you will realize that Mike Billelo,Dennis Walsh, Matt Walker,Josh Leicht, Conboy,and the executive Committee were acting in concert to defraud the membership. This is reality.
ReplyDelete29 U.S.C. Section 501 FIDUCIARY RESPONSIBILITY OF OFFICERS, part:
ReplyDelete(c) Embezzlement of assets; penalty
Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use, or the use of another, any of the moneys, funds, securities, property, or other assets of a labor organization of which he is an officer, or by which he is employed, directly or indirectly, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.
(Pub. L. 86–257, title V, §501, Sept. 14, 1959, 73 Stat. 535.)
SECTION 10: DUTIES OF THE EXECUTIVE SECRETARY-TREASURER
(G) The Executive Secretary-Treasurer is specifically authorized to expend, in accordance with the procedures of these Bylaws and in compliance with 29 U.S.C § 501, funds for any or all of the purposes and objects of the Council, subject to the necessary disclosures and approval by the Delegate Body.
Former EST Bilello unlawfully & willfully embezzled/stole member wages and converted same to the use of another - period.
ReplyDeleteWages preceeded each, every and all Benefit Trust Funds, thus each Fund so established follows from and is secondary to....your pay check, your wage.
Your contract, also known as the Collective Bargaining Agreement (CBA)is thus the controlling document - not the other way around.
The Wagner Act, better known as the NLRA specifically qualified the choice of rep's to the "worker" via the preamble and the "employee" via Section 7, for negotiating wages, hours, terms & conditions fo employment.
Nowwhere within the NLRA or its subsequent Amendments (Taft-Hartley 1947 & LMRDA 1959) did Congress amend, alter and/or change the "Act" to allow Non-Union Benefit Trust Fund managers, trustees/fiduciaries with the right to negotiate your contract (CBA) for wages, hours, terms or conditions of employment.
The Benefit Trust Fund By-laws which are drafted by their attorneys do not over-ride, supersede, alter or amend Federal laws passed by the United States Congress & signed into law by the President under his authority in the Executive branch of our tripartate system as established under the U.S. Constitution.
McCarrons UBCJA Constitution also does not over-ride, suprsede or usurp the Congress, in spite of his claim within the NYCDCC By-laws to lay claim to both the Executive & Legislative powers and the Judicial powers under the UBC Constitution.
McCarron, being an insane dictator & tyrant, claims the power of all three branches & that too fails to pass muster.
Each & every contract (CBA) within the NYCDCC contains the illegal Section 8 language granting the D.C. the power to unilateraly assign and/or reallocate wages at their sole discretion. This too is contrary to the mandates of our Federal laws & our Federal Constitution. The D.C., its Officers & Executive Committee members, like McCarron or any of the Benefit Trust Fund trustees/fiduciaries do not over-ride, supersede or usurp the Congress of the United States.
Moroever, the International & D.C. do not have the plenary power & authority. That belongs to the D.C. delegates, the 100-member Council Delegate Body whose operation is subject to the restoration of democracy & transparency by the Consent Decree. Any & all action must proceed through them first, via formal Motion properly seconded and opening up any/all issues properly brought before them to discussion and debate furthered by Roberts Rules & Parliamentary Procedure.
The CDB is akin to the Congress as they are the legislature in their defined roles. When the Congress or in this instance, the Council Delegate Body fails to pass a law, an amendment etc., the "Executive" branch, which is the EST is prohibited from acting - period. This prohibition is also specifically qualified further under the Stipulation & Order for the R.O.
EST Bilello willfully & wantonly ignored the requirements noted herein. The dollar value of the crimes warrants indictment of him, and of any/all Trustees or Executive Committe members who approved the illegal transfer of member wages to the Welfare Fund.
Said charges also must follow and be pursued against every attorney for the aforementioned who signed on to the exaction/extortion of member wages owed via contract.
Should Torrance as the U.S. Attorney fail to pursue indictments and thus engage in a cover-up, he should removed by Judge Berman and replaced with a competent U.S. Attorney.
Time for another perp walk.
Who was the alleged suspended member? Was the allegation that he was just an anonymous carpenter or was the allegation that he was a friend? How did he allegedly know that the suspended member was working, or wanted to work at the Javits center? Is this a case of he said, she said? Should not the e.s.t. be due the presumption of innocence? Something is amiss here. Could this be the ultimate set-up? Could this be just a misunderstanding? When can we just go back to work and finish building this city like we were bred to do? And get away from all this?
ReplyDeleteMr. Bilello was the only honest person I have met in the union management. He made his way to EST by way of hard work and fighting for the carpenters of which he was one I worked with him . Mike had skills as a carpenter. I think that the union with all the government watchdogs and laws and bi laws, federal, and state labor laws are able to find something to achieve their agenda which was to remove a honest man in Mike Bilello
ReplyDelete