Wednesday, June 5, 2013

Decision and Order––Passero Appeal is denied

On February 12, 2013 we reported that Review Office Dennis Walsh vetoed Joseph Passero as President of Local 1556. Last March, Passero sent a letter to to Judge Berman requesting judicial review of the veto. 

Today, the Court issued its decision and wrote: "The decision to veto Passero as President of Local Union 1556 was within the RO's broad mandate and authority. (Stip. & Order at 3 ("[T]he presence and activity of an independent court-appointed officer. .. are essential to the eradication of corruption and racketeering as they affect union carpenters and union employers.").) The RO has broad authority to investigate allegations of wrongdoing by officers, members and trustees and to review and veto persons currently holding office or employment. (Stip. & Order 5.a, 5.bj, iii); see also Dist. Council of New York City, 2012 WL 5236577, at *5; Inri Bhd. Of Teamsters, 970 F. 2d at 1137 (The Court "must give 'great deference' to the decisions of' a court-appointed officer.); Dist. Council of New York City, 2010 WL 5297747, at *8 (The RO's powers are "broad and should be so construed.")."

7 comments:

  1. This is too damn funny! "Stupid is as Stupid does", re: Forrest Gump (1994). What is this a re-do, a do over?

    A) Passerro is a moron. B) Anyone who Votes for this dolt deserves what they get. C) The now typical formulaic recitation of base case law upholding the R.O.'s Veto's should be plain & clear for all to see; unless of course you are an un-read, under-educated illiterate asshole, which brings us to no other than your former EST Mikey Bilello (a recent member of the NYCDCC Not Ready For Prime Time Players Club). Anyone following the bouncing ball here should be able to put 2 + 2 together.

    Passerro willfully admitted to "bypassing procedures" as has Mikey Bilello, your former EST, irrespective of his whining to the Court or his Attorney, Petrillo taking him for a ride on the hourly billings.

    Predicated upon the R.O.'s past practice of vetoing candidates for failing to read, comprehend or follow the by-laws, Judge Berman must do everyone a favor by denying Bilello's lame attempt to justify his prior bad acts and uphold the R.O.'s veto, notwithstanding the criminal racketeering & multiple count RICO violations for which he & many others should be indicted upon by the U.S.A.O's Benjamin Torrance.

    Bermans footnotes from the Passero appeal being a case on point:

    The person in question is James Tsakanikas

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    counts of theft/embezzlement in connection with a health care benefit program in violation of 18U.S.C. § 669, one count of theft/embezzlement of an employee benefit plan in violation of 18U.S.C. § 664, and two counts of false statements and concealment of facts in relation todocuments required by the ERISA in violation of 8 U.S.C. § 1027. Judgment at 2, United Statesv. James, CR-06-00723-001 DLJ (N.D. Cal. Apr. 9, 2007); Mitchell Declaration ¶ 5.

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    Case 1:90-cv-05722-RMB-THK Document 1329 Filed 06/05/13 Page 2 of 14


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  2. Here is a $3,000,000 question, has anyone take steps to get the money which joe was trying to get for his members? Or does dennis only remove the person trying to do some good?

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  3. And we all cannot wait for the 6th Interim Report of the Review Officer - which shall be published when?

    Now, how will the RO spin the EST debacle? Should be a fun read explaining the who, what, when, where why & how screwing the members over on the Hod Hoist criminal racketeering scheme of Bilello & crew and the kick-back to the Welfare Fund passes muster as being legal.

    FYI - Nunc-pro Tunc does not cut it & is nothing more than a pile of straight out bullshit. Will this be round 2 akin to the blue card?

    While the R.O. himself prodded Bilello to undertake the the criminal actions (ref: RO commentary at his Fourth Interim Report), it doe snot amount to any form of legal justificatin for numnut Bilello. Bilello took the bait & must be held accountable.

    The Only questions remaining are:

    When will Berman issue his D & O denying Bilello's appeal?

    and;

    When will Benjamin Torrance grow a set and indict Bilello & his co-conpsirators at the Welfare Fund?

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  4. The day S. Danielson starts craping badges from his ass. That's when!

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  5. DROP DEAD UNITY TEAM !

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  6. I hope Passero has the guts and fortitude to appeal this BS to the Second Circuit court for the sake of ALL members. Put an end to this clown and his rubber stamp judge. Nothing in the order and stipulation 5b,5j or any place else gives Walsh the right to veto anybody once duly elected and any Judge but rubber stamp Berman will rule this.. Section 5 gives Walsh the right to veto actions or in actions of the council and NOTHING more. Expose these two in the appeals court

    ReplyDelete

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