Supervision and Conduct of Elections
Pursuant to Paragraph 5.k of the Stipulation and Order entered on June 3, 2010, in the matter of United States v. District Council, et al., 90 Civ. 5722 (SDNY) (RMB), the elections referenced herein are being supervised by the Review Officer.
The nomination and election of officers of the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America (the “District Council”), specifically, the Executive Secretary-Treasurer, President, Vice President, Warden, Conductor and three Trustees, will take place as follows:
Comments on Draft Election Rules
Beginning Monday, August 1, 2011, members may review Draft Election Rules prepared and promulgated by the Review Officer. The Draft Election Rules may be viewed on the District Council website (www.nydistrictcouncil.com) or may be acquired upon request at the District Council and at each local union office. All comments on the Draft Election Rules must be sent to Review Officer Dennis Walsh, 395 Hudson Street, New York, New York 10014, by Monday, August 22, 2011. Comments may also be sent to the Review Officer via email addressed to dmwfw@verizon.net. All members who comment must provide their name and UBC number to the Review Officer.
The Nominating Process and Nominations
Pursuant to the Draft Election Rules, on Monday, August 8, 2011, each prospective candidate or slate of candidates may begin to gather signatures of members in good standing on the nomination petition form available as an attachment to the Draft Election Rules, on the District Council website and from the Review Officer at the District Council.
On Monday, September 12, 2011, (i) prospective individual candidates for officer positions and (ii) slates of candidates for officer positions can submit their nominating petitions to the Review Officer so that he can inspect the signatures and information therein and determine if they conform to the Draft Election Rules and identify any deficiencies to the candidates by September 16, 2011. Candidates will be afforded an opportunity to cure any deficiencies before the September 23, 2011 deadline for submitting their nominating petitions to the Review Officer.
On Wednesday, October 12, 2011, at 5:00 p.m., a nomination meeting will be held at the District Council, 395 Hudson Street, New York, New York 10014 (2nd floor), at which candidates approved by the Review Officer may accept or decline nominations for positions as District Council officers.
Elections
On November 21, 2011, the American Arbitration Association (the “AAA”) will mail ballots to all eligible members of local unions affiliated with the District Council to vote for District Council (i) Executive Secretary-Treasurer, (ii) President and (iii) Vice President. All ballots must be returned by mail to the AAA by 5:00 p.m. on December 15, 2011.
District Council delegates (who will all be chosen in local union elections in September and October) will vote for District Council (i) Warden, (ii) Conductor and (iii) three Trustees by secret ballot at a meeting to be held at the District Council on December 15, 2011 from 5:00 to 7:00 p.m.
The AAA will tabulate the votes by December 17, 2011 and provide the results to the Review Officer for announcement and certification.
Dated: New York, New York
August 1, 2011
Dennis M. Walsh
The Review Officer
395 Hudson Street, 9th Floor
New York, NY 10014
dmwfw@verizon.net
212.366.7561
877.395.7497
Rules and Exhibits a-C
DROP DEAD UNITY TEAM !
ReplyDeleteWhen Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves.
ReplyDeleteDennis - see you in Court!
To the RO: The UBC Constitution, NLRA, and LMRDA does not require any Rank & File member to get 250 petitions signed in order to run for elected office. This requirement is clearly illegal and discriminatory.
ReplyDeleteRIGHTS OF EMPLOYEES
Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].
UNFAIR LABOR PRACTICES
Sec. 8. [§ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--
(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];
(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization:
The mere existence of a rule that improperly discriminates on the basis of a member’s protected activity has a chilling effect on the exercise of Section 7 rights, and violates Section 8(b)(1)(A) regardless of whether the provision has ever been enforced. Awrey Bakeries, 335 NLRB 138, 139–140 (2001), enfd. 59 Fed. Appx. 690 (6th Cir. 2003); Engineers & Scientists Guild (Lockheed-California), 268 NLRB 311 (1983).
ReplyDeleteWhen a UNION has an Illegal Constitutional provision, or an Illegal By-Law, the appropriate remedy is an ORDER from the BOARD, or in the instance of the NYCDCC, the Court - to expunge (remove) the Illegal provisions.
ReplyDeleteTHIS WAS JOB NUMBER 1 FOR THE FIRST UNITED STATES ATTORNEY & IRO.
Both failed miserably in this very simple task, as did the Court.....by FAILING to ORDER the necessary review and FAILING to EXPUNGE the Illegal sections on a LINE ITEM BASIS.
The 2-Primary Prongs of the Consent Decree - Restoration of Democracy and Elimination of Fraud & Corruption cannot occur until this simple task of EXPUNGEMENT is ordered by the COURT per Judge Berman.
Expungement remedies have been around for centuries.