Musumeci vs. Bilello

Irrational no apology– Bilello

Attention All UBC Members:

I would appreciate your views regarding the pending charges (see below, which were referred to the Trial Committee) against NYC District Council Executive Secretary-Treasurer Mike Bilello.

Unique to the New York City District Council of Carpenters, Section 5.f of the DC Bylaws, among other things state:

"any District Council Delegate may file a complaint with the Trial Committee Chairman and there by initiate an arbitration to be conducted before a three-member panel consisting of the Trial Committee Chairman, Trial Committee Vice Chairman, and a third arbitrator to be chosen by the Trial Committee Chairman and Trial Committee Vice Chairman. All decisions of said panel must be supported by substantial evidence and any party to the proceeding may seek review of a decision with the District Court."

Despite having made several good faith offers to EST Bilello to resolve this situation with a simple apology to the Delegate Body, Bilello irrationally chooses to waste the time, energy, and resources of the District Council by continuing to drag us down this unfortunate and embarrassing road.

In seeking arbitration there must be a distinct issue and request for an award.

I ask all my UBC brothers and sisters to carefully review the charges and articles below, and to post your views on what remedy should be sought by arbitration.

The Stipulated Issue is: Did NYCDC EST Mike Bilello violate articles of the UBC Constitution and NYCDC Bylaws? If so, what shall the remedy be?

Thanking you in advance,
John

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Democracy and Free Speech Triumphs

Score a big one for Democracy and Free Speech.

In a resounding victory for democracy and members free speech rights, Review Officer Dennis Walsh, today issued a veto of the charges filed by former District Council President Bill Lebo against me.

While pursuing "perfectly legitimate questions" regarding the MWA arbitration, during a delegate body meeting on July 25, 2012, District Council Executive Secretary-Treasurer Michael Bilello and then President Bill Lebo, in appalling failure of decorum and procedure, became unhinged, bullied, harassed and improperly incited members of the delegate body to infringe on my speech. The two council leaders also incited members of the delegate body to harass, intimidate and file charges against me, (Lebo wrote the charges up on behalf of the delegates) in retaliation for allegedly revealing "strategy," by publishing an article about the retention of three attorneys to represent the council in an ongoing dispute and arbitration with the MWA. (click for exclusive audio and transcript).

In characterizing the charges against me, Walsh wrote, that the charges are "impossibly vague." "The idea that the publication of an accurate news article by a member -- for members -- which reveals nothing previously and timely identified by the District Council as confidential business could be conduct that might be punished, perhaps even by expulsion, should be abhorrent to all members."

Citing the objectives of both the Consent Decree and Stipulation and Order, of fostering democracy and maintaining and running the District Council democratically, Walsh said, "such objectives cannot be achieved without an informed membership capable of engaging in enlightened debate on issues relevant to their rights, monies and membership in the District Council."

Walsh criticized the District Council saying, "Democracy at the District Council must be more than a concept and hortatory platitude. The District Council has repeatedly shown it is incapable of supporting a key component in this process: adequately informing its members of news that affects their Union and their livelihoods."

And Walsh had high praise for this blog, "local157.blogspot.com has become the go-to source for union members to find the latest news regarding District Council matters.""Mr. Musumeci, to the contrary, has made informing the membership his singular and zealous avocation, which has benefited thousands of members over the years."

The message is clear. Rank and file carpenters are free to exercise their protected right of free speech within their union without fear of reprisal. Indeed, Walsh said it best, "Democracy and the free exchange of ideas that informs it must not be stifled by the District Council or its surrogates expansively interpreting UBC constitutional terms and bringing charges based thereon in order to quash dissent."

Kudos to Review Officer Dennis Walsh.

Read the Notice of Veto below.

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Free Speech Under Attack

(John's note: The District Council is attempting to shut this blog down, thereby silencing yours and mine protected free speech rights! Any attorneys who would like to help protect and defend union members free speech rights please contact me).

On January 13, 2013, I sent the Review Officer (RO) an "Application for Veto," requesting a veto of the charges filed against me on July 25, 2012 by former New York City District Council president Bill Lebo, on the grounds that the charges are a infringement of my “free speech rights” and retaliation in violation of Title I of the Labor- Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 411-415.

On January 14, the RO sent a "Notice of Possible Action" to District Council attorney James Murphy, relating to my request, requesting among other things, a formal written response on the question of "whether the District Council Executive Committee should proceed with consideration of whether to refer Bill Lebo’s charges" against me to the Trial Committee or "whether 29 U.S.C. Section 411 and the ruling in the Price case, and any other argument asserted by me, preclude such consideration and referral."

The RO stated he would be obliged if the response included "a discussion of whether the District Council suffered any harm as a result of the publication of Mr. Musumeci’s article on the retention of the three attorneys in question and whether any expressly confidential or proprietary information was disclosed in the article (and how Mr. Musumeci was put on notice of such confidential or proprietary status)."

Below is the response from District Council attorneys James M. Murphy and Adrian Healy, received yesterday.

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APPLICATION FOR VETO BY THE REVIEW OFFICER

An Open Letter to Review Officer, Dennis M. Walsh requesting Veto of Charges

I respectfully request a veto of the charges filed against me (attached) on July 25, 2012 by former New York City District Council president Bill Lebo, for writing and posting information on the MWA Arbitration Crisis (which the District Council has failed to provide) on the grounds that the charges are a infringement of my “free speech rights” and retaliation in violation of Title I of the Labor- Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 411-415.

I seek and ask for immediate veto relief to (1) veto the charges against me, (2) order the District Council to refrain from further processing the charges against me, (3) enjoin the District Council from infringing on free speech rights or retaliating against me for exercising those rights and or prosecuting similar charges against me or other union members who exercise those protected rights.

Title I of the LMRDA, § 411–15, provides union members with an exhaustive “Bill of Rights” enforceable in federal court. These rights are designed to guarantee every union member equal rights to vote and otherwise participate in union decisions, freedom from unreasonable restrictions on speech and assembly, and protection from improper discipline.

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A COVER UP OR JUST A SEVERE CASE OF NAPOLEON COMPLEX

Napoleon Complex: “Short, Cocky, Hot tempered, arrogant, ignorant, attention whore, especially when in a position of power.”

Napoleon (Lebo) Bonaparte

By Silence Dogood

Judging by the reported actions of Mr. Lebo at delegate meetings it is quite clear that Mr. Lebo fits the symptoms listed above for Napoleon Syndrome. Although in Mr. Lebo's case I do not believe it is so much his stature as it is the pressures of his position that has left him with inferiority issues.  A position he is clearly not qualified to hold or experienced enough to fulfill. It seems Mr. Lebo is not going to let a little thing like duty to interfere with his ego.

After years of corruption and the NYC District Council being controlled by greedy and power hungry little men, it became necessary for the Federal Government to step in and take over.

Part of that takeover was to impose Review Officer (RO) Dennis Walsh, on the rank and file of New York City.

Walsh has done some good things, such as weeding out many unsavory characters and has done some questionable things, such as his recent removal of duly elected officers, who despite his claims, the consent decree does NOT allow him to do.

One of the first things Walsh did in his rise to power was impose his version of Unionism on the New York City rank and file.

He made the statements early on that the Locals had “outlived their usefulness” and worked diligently to destroy the power of the Locals and destroy the ability of Local Officers to represent the will of their membership.

Walsh has insisted and demanded that all power and decisions that would shape the future of the rank and file in NYC be put in the hands of his new “Super Trooper” delegate system.

Never in the history of the NYC rank and file has the roll of the council delegate become so important.

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Free Speech Under Attack AGAIN!!!!

Heil Hypocrite Lebo!

"In New York it seems corruption in the form of members being intimidated into submission is at it's worst. Men and women are in fear of losing their jobs or of being brought up on bogus union charges."–– William S. Lebo, June 25, 1998

By Richard Dorrough

Yes again!!!. This is not the first time Bill Lebo, who it is clear by his actions, lied to get elected to office, has tried to silence John and dictate what is Free Speech.

He has attempted before to silence John or anybody else who exposes his and Bilello's ignorance and incompetence. He does not want anybody exposing his personal war on member’s rights, such as his attempt to stop member’s galleries and to stop member ratification of contracts, when the vote does not go his way.

He and Bilello's campaign to stop members from obtaining information and being informed makes the Forde regime look like boy scouts.

In January, I wrote "Free Speech Under Attack, " when again, Lebo was threatening John with charges for giving members what they are entitled to, Information!! 

Back then, Lebo was smart enough to not file charges, because like now, John will sue his ass and this harassment campaign can potentially cost the NYC District Council and members a great deal of money.

Something to be clear, JOHN DOES NOT WANT THIS FIGHT.

But for Lebo, it does not matter. His ego is at stake. After his disgusting display at the delegate meeting, where he was blown up like a puff fish and screaming like a wounded girl, he must file charges. If justice really exists in the NYC District Council, this should cost him his Secretary’s job.

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Transparent Hypocrisy

Here we go again, Hypocrisy, thy name is Mike Bilello and Bill Lebo.

At last night's delegate body meeting, EST Bilello and President Lebo, became unhinged, were foaming from the mouth, incited members of the delegate body against me, because they are uncomfortable with the speed of information posted (Free Speech) on this blog, and moved to file charges against me for violating the obligation.

I will have a lot more to say later, for now read the following excerpt from the letter that Bill Lebo sent to Judge Richard Berman, February 26, 2011.

"Lastly I want to convey to you the importance of transparency in the Councils governance. In the past, even after the “restructuring” we went through in 1998, there has been a distinct lack of information disseminated to the membership, and even to the delegates in regards to the Councils activities. The membership has not gotten any information on contract negotiations, corruption, by-law changes, or any other matters of import until these matters were over and done.

We need a system in place whereby the membership can take part in these matters of import. A system, whereby the delegates to the council, can bring back to the members of locals at monthly local union meeting, issues that need to be dealt with. Then the membership can debate said issues and vote on them, direct the delegates on how the membership wants them to vote, or have said delegates ask questions on these issues.

Even now, with the Council in trusteeship everything seems to be a secret. The UBC has kept the membership in the dark on issues of importance, ie., contract negotiations,(that we, not they will have to work under), the dissolution of locals, the full mobility issue, and more.

On February 23, 2011, the R.O. Dennis Walsh held a forum at the District council that all members were invited to. At this forum Mr. Walsh gave us more information than we have gotten since the onset of the trusteeship, in fact more than we’ve gotten in the past 12 years. I have to applaud Mr. Walsh for the professional way he handled himself at this forum, and for the extraordinary job he is doing. It is my opinion that his tenure should be extended for a long, long period after the Council is placed back into the hands of this membership. He has proved, at least to me, that, he actually cares about the rights and well being of the membership of the NYCDCC’s."

Respectfully submitted,
William S. Lebo

An Open Letter to EST Bilello from John Musumeci

Dear Mr. Bilello:

I write in response to malicious statements made and continue to be made against me by your assistant and request a written and public apology by President Lebo.

I have been informed that Mr. Lebo in response to a question at a Local 45 union meeting on January 31, acknowledged responsibility for a “procedural error” on the “motion"to bar members from attending delegate body meetings” and then suggested a rational to bar members.

Citing Amalgamated and the contract negotiations, Lebo singled me out by name as a security risk, alleged I was responsible for the January 10, Crain’s article, “In blow to contractors, gaffe stalls union vote,” he implied I was responsible for the threats of legal action against the District Council by contractor associations and stated he had “written up charges against me” and threatened me in his office. He then said he didn’t file the charges because of “free speech” issues but indicated he may file charges at a later date, saying, “The charges are still in my desk.”

According to one Local 45 member present: "Lebo imputed Musumeci as being detrimental to the health of the union and members." 

What kind of game is this, do you intend to run your administration by taking credit when things go right, avoid responsibility, retaliate and find someone else to blame when things go wrong?

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Free Speech Under Attack

"In New York it seems corruption in the form of members being intimidated into submission is at it's worst. Men and women are in fear of losing their jobs or of being brought up on bogus union charges."–– William S. Lebo, June 25, 1998

By Richard Dorrough

Much rumor has been flying around concerning potential charges against John Musumeci. John has not reported on this because he needs to maintain a working relationship with his attackers who for the record are Local 157 President Pat Nee and District Council President Bill Lebo.

It was reported on this blog, and I have confirmed with my own sources, that both parties threatened to bring John up on charges. Both were attempting to silence his free speech rights and intimidate him.

Now you have seen the true colors of this new regime that promised rank and file rights and then voted and did nothing to protect the rank and file from access to information in the member's gallery fiasco.

Why did President Lebo accepted the motion to bar members from attending delegate body meetings in the first place since it was out of order, as Walsh has confirmed by his veto, due to its bylaw violation and illegal attempt to amend those bylaws.

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The very word "secrecy" is repugnant in a free and open society

Someone posted this excellent speech by JFK in the forum. The delegates who voted to bar the membership from delegate meetings, and the new District Council Leaders who sat silently while the rights of the rank-and-file were trampled on, should listen closely to the words of JFK.



The very word "secrecy" is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it.

Even today, there is little value in opposing the threat of a closed society by imitating its arbitrary restrictions. Even today, there is little value in insuring the survival of our nation if our traditions do not survive with it.

And there is very grave danger that an announced need for increased security will be seized upon by those anxious to expand its meaning to the very limits of official censorship and concealment. That I do not intend to permit to the extent that it is in my control. And no official of my Administration, whether his rank is high or low, civilian or military, should interpret my words here tonight as an excuse to censor the news, to stifle dissent, to cover up our mistakes or to withhold from the press and the public the facts they deserve to know.

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Leaders Uncomfortable with Speed of Free Speech

More than 2600 websites are blocked in the People's Republic of China under the country's policy of Internet censorship.

The dictators ban such sites as Facebook, Twitter, and YouTube, because the dictators know it is a powerful tool to spread information and it’s packed with democratic power.

With Blogs called microblogs, or weibo in China, the government launched its strongest official measure yet to quell electronic expressions of discontent that threatens to undermine its leaders' firm hold on power.

In the name of defending Chinese cyberspace against "harmful information," the Beijing city government require users who post microblogs to register their real names with the microblogging services—to be verified by government authorities—sweeping away the anonymity that has helped cloak dissidents online.

Even more vexing for officials has been the speed with which information can spread on microblogs.

And the same holds true with some UBC officials. Leaders are nervous and uncomfortable with the quantity and speed of information posted on this blog, they are accustomed to a monopoly of access to the membership and control of information.

Seeing a threat, their instinctive reaction is to attempt to silence by threating to file internal union charges claiming among other things, information posted is "confidential" information about UBC "business" and that by distributing ("or leaking") such "harmful information" to the general public, including employers and media, members have violated the oath (page 91) of membership, acted contrary to his/her responsibility to the UBC, and interfered with the union's performance of its legal or contractual obligations.

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Carpenter tops his own union in free speech case

BY STEVE GIEGERICH 

After two years absorbing shots from other labor organizations over its organization of an alternative unit representing electrical workers, the Carpenters District Council of Greater St. Louis has now been dealt a blow from within the ranks of its own membership.

The details of the internal dispute emerged in a legal tussle that last week prompted a U.S. district judge in Southern Illinois to issue a preliminary injunction blocking the council's bid to sanction a union carpenter who expressed his dissent by placing a sticker opposing Local 57 on his personal vehicle.

The carpenter, Kevin Price, has long challenged the decision by council of leadership to charter a local meant to challenge the dominance of the International Brotherhood of Electrical Workers Local 1 at area construction projects.

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