REPLY MEMORANDUM OF LAW OF MICHAEL BILELLO IN SUPPORT OF HIS PETITION TO VACATE THE VETO OF THE REVIEW OFFICER

Mr. Bilello respectfully submits this reply memorandum of law in support of his petition to vacate the Veto of his continued service as EST, issued by the RO on April 29, 2013.

PRELIMINARY STATEMENT – As discussed below, the RO’s Memorandum in Opposition  is marred by several fundamental legal and logical flaws, which when corrected, underscore the compelling need for relief in this matter. As an initial matter, the context of this Veto is of singular importance: Mr. Bilello was elected by the rank and tile in a successful democratic process that the Order, at its core, is in place to promote. His service has been tireless, honest and productive for the union°s members. Respectfully, it does not advance the interests served by the Order for the “RO process” and its judicial review to countenance unreasonable and unsupported charges, as here, all of which were addressable through reasonable dialogue, rather than the drastic action of veto, and one of which was required by the Order to be addressed through a Court hearing, on notice, not by RO fiat. We accordingly respectfully request that this Court reverse the Veto in the interests of democratic union process; the promotion of respect for law (which the RO’s position herein undermines in two important respects); and to bring reasonable proportion to a set of over-caffeinated and defective charges that should never have required this Court’s time and focus in the first place.

Bilello Response Veto