Bylaws apply to ALL District Council Delegates!
By email dated February 25, 2013, John Musumeci, a Delegate of the New York City District Council of Carpenters Delegate Body, filed a Complaint and Request for Arbitration with the undersigned Trial Committee Chairpersons pursuant to Section 5(F) of the Bylaws of the New York City District Council of Carpenters. The Request for Arbitration lists the following “Questions to be Decided” and sets forth the requested remedy:
1. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, engage in a concerted effort and targeted pattern of harassment, threats, coercion, bullying & intimidation carried out by his assistant and/or others, in a year long campaign which culminated at a July 25, 2012 delegate meeting at approximately 7:30 pm, whereby Bilello, directly engaged in a course of vexatious, personal and indecorous comments or conduct that is known or ought reasonably to be known to be unwelcome, which incited UBC members to publicly harass, intimidate and humiliate Delegate John Musumeci by threatening to file; and by filing bogus charges against him, in direct retaliation for exercising his First Amendment freedom of speech, LMRDA & NLRA Section 7 rights as a union member with regard to his having raised multiple serious questions relative to the conduct and handling of the MWA Arbitration?
On April 19, 2013, Respondent New York City District Council of Carpenters filed a
Motion to Dismiss the Complainant’s Complaint and Request for Arbitration.
A hearing on the Motion was held before the Trial Committee Chairpersons on June 18,
2013, at the offices of the New York District Council of Carpenters, on the limited issue of
jurisdiction of the Trial Committee Chairpersons to decide each of the questions posed in the
Request for Arbitration tiled by the Complainant, John Musumeci. Mr. Musumeci and James
Murphy, Esq., on behalf of the New York City District Council of Carpenters, appeared at the
hearing and were given the opportunity to be heard. The record establishes that Respondent
Michael Bilello was given proper notice of the hearing, but did not appear.
"Based on a review of all the evidence and the arguments made by both parties and the answers offered to the above questions, we find that by the plain meaning of the language of Section 5(F), written by experienced counsel, the Bylaws provision in question applies to all Delegates of the Council Delegate Body, not just those who are employed by the District Council."
Santo Barravecchio, Esq.
Barbara C. Deinhardt, Esq.
Carol Moran, Esq.
Trial Committee Chairpersons
Monday, July 29, 2013
Arbitrators Got It Right
2 comments:
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DROP DEAD UNITY TEAM !
ReplyDeleteMurphy as an alleged attorney should know the settled law relative tot eh clear & plain meaning doctrine like the back of his hand.
ReplyDeleteThis is childs play. Murphy lied (as opposed to stretching the truth) in the Federal District Court & anyone with half an ounce of brains knew he had done so.
Judge Berman's ruling was far too kind and James Murphy should have been fined & sanctioned for simply making the attempt to pose his oral arguments as factual or based on any known precedent of any competent court in any jurisdiction.
So this ruling is done, now how long must we wait for Judge Berman to issue the final ruling on Bilello? This too is another no brainer & there is no reason, legal or otherwise to delay the inevitable which will see Mr. Bilello lose yet again.
Petrillo is over-priced & over-rated. Yet, like most attorneys, he is all too willing to take the money from Bilello & run when there is a snowballs chance in hell of over-turning the R.O.'s veto.
Ironic that 2-attorneys associated with Bilello are as incompetent as he was during his brief time at the helm. Murphy, Petrillo & Bilello are the epitome of corruption that the Consent Decree was by design meant to stop dead in its tracks. All three of them ran off the rails & none should profit or benefit from their corrupt practices.