D'Errico, Bilello, Gausman, Who Is President of Local 157?

Picture from left Rally Organizer Donny Arana, brother Gauntlett Holness and pro tem Vice President, Gerry Gausman.

Who is the president of Local 157? It seems like a simple question with a simple answer. But like so many things in the UBC, it's an answer with many shades of gray. Is pro tem newly elected President Mike Bilello, President, or is pro tem Vice President Gerard Gausman, or is President Lawrence D'Errico still the President of Local 157?

There has been much discussion and confusion on this subject pertaining to what exactly happened at last Monday's Local 157 meeting and who the President is. Even the parties involved are not entirely sure what happened!

To help answer that question and give you a better understanding, I needed to refer to the UBC Constitution, consult with Chief Compliance Officer John Ballantyne and recap exactly what happened and the events leading up to Monday's historic meeting to find the answer.

On Monday March 21, Local 157 was thrown into the unprecedented position of having both the President and Vice President absent for a regular schedule meeting because of Review Officer ("RO") Dennis Walsh zealous investigation of organized crime influence over the District Council.

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A Defining Moment

President Pro Tem Continues To Violate Member Rights

At Mondays Local 157 meeting, newly nominated President pro tem Mike Bilello, refused to accept a motion for a copy of the meeting minutes saying, “I am done with this issue, it's been beaten to death.”

In the seconds it took him to make that statement, brother Bilello defined who he really is.

March 21, a day which will live in UBC history--- Local 157 was thrown into the unprecedented position of having no President and Vice President because of Review Officer ("RO") Dennis Walsh zealous investigation of organized crime influence over the District Council.

Netted so far in the investigation were eight council employees, among them were, President Lawrence D'Errico, who's employment the RO is considering vetoing, Vice President Anthony Pugliese, who was pushed into retirement because he refused to cooperate, and Financial Secretary Paul Capurso, who is consulting with an attorney.

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IG and CCO See No Constitutional Violations

On Thursday, February 3, I sent a letter in response to Inspector General, Scott Danielson, and Chief Compliance Officer, John Ballantyne, letter and email dated January 31, regarding violations of the UBC Constitution by Local 157 President Lawrence D"Errico.

Below is their email response to my letter... 

Click to enlarge.

And my reply...John: When the motion for meeting minutes is made once again at a future meeting, and President D'Errico refuses to accept the motion again, and an appeal from the decision of the chair is made and rejected once again, maybe then you will find "basis for which to change our decision."

John

Open Letter To Inspector General, Scott Danielson and Chief Compliance Officer, John Ballantyne

This is my response to Inspector General, Scott Danielson, and Chief Compliance Officer, John Ballantyne, letter and email dated January 31, posted below.

Dear Scott and John:

Putting aside for a moment the disagreement over the interpretation regarding the consideration or reconsideration of my motion, for the purpose of this discussion we will call it a motion to reconsider.

The original motion was made October 15; it was then reconsidered on November 15 and again at the January 27 meeting.

As John Ballantyne wrote, Rule 31 states: “When a question has been decided it can be reconsidered only at the same meeting or on the next regular meeting night.”

The "next regular meeting night," would be November, the motion was made in January, and so Rule 31 is not applicable.

Thus the need to refer to Rule 5 which states: “All questions of a parliamentary nature not provided for in these Rules shall be decided by Roberts’ Manual."

At the January meeting, a point of order was raised stating, "according to Roberts Rules of Order, a motion that has been previously defeated can be brought up again at the next meeting as new."

President D'Errico did not accept this ruling and denied the motion. An appeal from the decision of the chair was made and the appeal denied. Brother D'Errico also denied an appeal in November.

The motion will be made again and most likely be denied as well as an appeal, thus once again violating the UBC Constitution, this time with the blessing of the IG, because in your opinion this “does not amount to a violation of Sections 51(A)(6) and/or (12) of the UBC Constitution.”

The IG is wrong, parliamentary procedure is all about democracy. Brother D’Errico does not get to decide and impose his will on the membership. This is clear violation of Rule 17 which states:

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D'Errico The Dictator Strikes Again

D'Errico the Dictator

At Thursday's Local 157 meeting after Supervisor Spencer finished taking questions the meeting went back to regular business.

On a point of order, I informed President D'Errico that according to "Roberts Rules of Order," a motion that has been previously defeated, can be brought up again at the next meeting, as new, if the meeting is a different session, which is the normal situation.

D'Errico would not accept this ruling and denied a new motion for a copy of the meeting minutes.

The motion for the meeting minutes was previously defeated at the October 15, meeting and at the November 15, meeting D’Errico, used trickery and violated the UBC Constitution to prevent a vote on the motion.

I appealed D'Errico's decision and he would not accept an appeal. He stated "he's done with this issue and go file a complaint."

According to "D'Errico's Rules of Order" a defeated motion stays defeated for eternity and there is no appealing it. In other words a decision of members at one meeting binds the decision of the members at a future meeting.

I searched Amazon to get a copy of this new book of rules and could not find it listed. I tried searching D'Errico's Rules of Order, D'Errico For Dummies, New Rules by D'Errico, D'Errico Made Easy, D'Errico and Spencer Perfect Together and found Nothing, Nada, Zip, Zero, Zilch.

Can someone please help me and let me know where I can get a copy of the new rule book.

Union Meeting Handout

December Handout

D’Errico Uses Trickery To Stop Vote

By Publius

The new boss of the scandal-scarred carpenters union used trickery in an effort to prevent members from voting on a motion for a copy of the meeting minutes.

Lawernce D’Errico the new Director of Operation for the New York City District Council of Carpenters faces potential internal union charges for violating members' rights.

D’Errico who is also a trustee of the District Council benefit funds and President of Local 157, is a Michael Forde hold-over who was promoted to Director of Operations by UBC Supervisor Frank Spencer.

Spencer the eastern district vice president was brought in by the International Brotherhood to supervise the district council in the wake of Michael Forde's 2009 indictment.

Forde, the drinking-and-drugging ex-boss of the carpenters union was sentenced Friday in Manhattan federal court to 11 years in prison for his participation in a racketeering scheme that defrauded the union and its benefit funds out of millions of dollars.

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Local 157 Members Vote Yes To Microphone

President D'Errico voted no to a microphone

At the November 15th union meeting members sent a loud and clear message to the leadership and voted yes to a motion for a microphone to be put in place so members can hear each other clearly.

On October 15th and November 15th, the Local 157 executive board twice voted no to a written request for an open microphone.

Despite the boards two previous decision denying the request, the membership decided they had enough with the boards silly decisions and overwhelming voted to support the motion for a microphone.

“The executive board is out of touch with the members and its rather pathetic they denied a request for a microphone,” said a carpenter who attended the meeting.

Since 1999 the local always had a microphone for its members to use. It was taken away by president elect Lawrence D’Errico in a special September 2008 election, following an emergency supervision ordered by General President, Douglas McCarron over the Local.

An Open Letter To Supervisor Frank Spencer

Spencer Letter

Reconsideration of Meeting Minutes and Open Microphone

The following letter was faxed to Local 157.

Reconsideration Minutes.odt - NeoOffice Writer

An Open Letter To The Executive Board Of Local 157

On October 18th, the executive board of Local 157 voted no to a request that prior to the start of all meetings, all members receive a copy of the meeting minutes from the previous month’s meeting and an open microphone put in place in-order to better understand speakers clearly and accurately.

I respectfully submit this memorandum in support of a request for reconsideration on the grounds that the executive boards decision is antithetical to the goals stated by UBC Supervisor Frank Spencer with respect to:

"Having a more open and transparent union that promotes communication, inclusion and paves the way for a new era, building a better district council by taking the highest moral ground, representing the best interest of union carpenters and, there is nothing in the law, UBC constitution or bylaws that prohibits the executive board from distributing copies of meeting minutes to the membership."

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WHAT ARE YOU SO AFRAID OF? E-Board Votes No Minutes - No Mic

Local 157 Leadership attending UBC Convention with Supervisors Ballantyne and Spencer

At Monday night's Local 157 union meeting the executive board voted no to a request that “all members receive a copy of the previous month's meeting minutes and an open microphone put in place in-order for members to better understand speakers clearly and accurately.”

Apprently, the leadership would rather keep us, and thousands of other members, in the dark and silent.

On September 27, I faxed a letter (see below) to Recording Secretary Mitch Sonntag, making the request, stating “by having a printed copy of the meeting minutes handed out before the meeting the membership would be better informed.”

Approximately 100 members attended the meeting. In reading the minutes of the executive board meeting, Recording Secretary, Sonntag reported the e-board voted no to the request of both the meeting minutes and open mic.

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