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We the undersigned members of the NYC District Council, urge the Honorable Richard M. Berman to schedule a status conference.

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The recent ratification of a Collective Bargaining Agreement with the Wall and Ceiling Association was conducted in total contravention of any Democratic processes. The Executive Committee provided less than twenty-four-hours notice of the vote. Further, it failed to provide a copy of the contract to the delegates. Instead, it placed a three page synopsis of the contract on the web the night prior to the vote. Thus, the local delegates had no opportunity to fulfill their duties to “review all contracts” as provided in our Bylaws and discussing it with the members.

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Honorable Richard M. Berman
United States District Judge
United States District Court for the Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street New York, NY 10007-1312

Re: United States v. District Council of New York City of the United Brotherhood of Carpenters and Joiners of America, et. al. (Index No. 90 Civ. 5722)

Dear Judge Berman:

The federal government executed the Consent Decree of 1993 with two main goals. The federal government wished to remove corruption and instill Democracy in the New York City District Council of Carpenters. We, the undersigned local delegates and members of the NYCDCC are writing to inform Your Honor of the complete breakdown of the Democratic process in the Council. This breakdown has resulted in the will of the members being entirely shut out of Council business. Thus, the undersigned request a status conference. A status conference, presided over by Your Honor, would serve as the only vehicle to protect the Democratic rights of Council members.

As Your Honor is aware, our Bylaws establish a system and procedures which place Council delegates in an instrumental position of ensuring Democratic accountability. Local delegates are charged with being intermediaries between the Executive Committee and Council members. Thus, it is their duty to be in regular communication with the Executive Committee and the members. In order to fulfill their duties, they must (1) be well-informed by the Executive Committee of Council business (2) have the opportunity to inform the members of Council business (3) have the unfettered opportunity to participate in delegate meetings and (4) be in a position to vote on important Council business with due notice by the Executive Committee of such votes.

Unfortunately, it has become virtually impossible for local delegates to fulfill their duties. Delegate meetings have become so unruly that those wishing to voice any opposition to the plans of the Executive Body is regularly intimidated into silence. The Executive Body continuously fails to notify delegate members of meeting agendas ahead of time. Delegate meeting minutes are often missing important information. In short, the Executive Body seems to be working in opposition to the interests of a good portion of the local delegates concerning such delegates meeting their obligations under the Bylaws.

The recent ratification of a Collective Bargaining Agreement with the Wall and Ceiling Association was conducted in total contravention of any Democratic processes. The Executive Committee provided less than twenty-four-hours notice of the vote. Further, it failed to provide a copy of the contract to the delegates. Instead, it placed a three page synopsis of the contract on the web the night prior to the vote. Thus, the local delegates had no opportunity to fulfill their duties to “review all contracts” as provided in our Bylaws.

The recent authorization of changes to the Out-of-Work-List rules likewise violates our Bylaws. Executive Secretary Treasurer Michael Bilello would have This Court believe that he has the authority to order such changes. However, once again, our Bylaws obligate local delegates to vote on the issue after discussing it with the members. The undersigned emphatically state that local delegates were intimidated from making any motions against our EST authorizing such changes and that NYCDCC attorneys advised against challenging Mr. Bilello’s authority. In such an atmosphere, it is in bad faith for anyone to argue that no delegates motioned against the change to our Out-Of-Work-List. Most importantly, the delegates were never given the vote on this important Council issue.

Finally, a reasonable observer of the Council under Michael Bilello would have to believe that the Executive Secretary Treasurer has misled the membership. Mr. Bilello ran on a platform opposed to Full Mobility and in support of transparency. As to Full Mobility, he puts the Collective Bargaining Agreements to a vote of the full membership just a few months ago. He referred to the vote as a “referendum” on Full Mobility. Members voted down the contracts by a great majority. The new CBA includes the provision for Full Mobility. The undersigned believe that under a Democracy, elections should have consequences. Unfortunately, the bargaining process concerning our contract with the Wall and Ceiling Association was not at all affected by our referendum. Mr. Bilello has also failed to further the issue of transparency as is shown by this letter.

For these reasons, the undersigned urge This Court to schedule a status conference. The goal of the federal government of fostering a Democratic Council is in serious danger of being lost. The undersigned stand ready, willing and able to work to revive that goal. However, we need Your Honor to assist us in that process. Our sincere gratitude goes out to Your Honor for everything that has been done to instill Democracy in the Council and for everything that will be done in the future.