NOTICE OF VETO BY THE REVIEW OFFICER

 (John's note: Local 157 pro tem president Gerry Gausman, screws up again)!

To: The Executive Board, Local 157

Guy Giordano, Local 157 Election Committee Chairman

During the course of the last few days I have received a number of email messages from members of Local 157 regarding the eligibility of certain members of Local 157 to run for office (in an election to be conducted on February 20, 2013). The messages specifically addressed whether the candidates in question meet the requirements set forth in Section 31.D of the Constitution of the United Brotherhood of Carpenters and Joiners of America (to wit, whether they depend on the trade for a livelihood; whether they resigned or were required to resign their current offices before they accepted their nominations). All of the referenced emails are incorporated herein by reference.

Each of the candidates was nominated and accepted his nomination in a special meeting of Local 157 held on January 30, 2013 (notice of which, attached as Exhibit A, had been timely given to the membership).

One of the members whose eligibility to run has been questioned, Greg Kelty, purported to resign as Treasurer of the local union in a letter he submitted to President Pro Tem Thomas McGonnigle dated November 28, 2012. The letter is attached as Exhibit B.

Regarding the mechanics and timing of his purported resignation, Kelty said “My resignation will become effective upon the election of a new Executive Board or immediately upon supervision of the District Council.” The result of this language is that the office of treasurer was not vacated on November 28, 2012, nor was it vacant on January 30, 2013, when nominations to fill the office were sought, made and accepted. Kelty, in fact, accepted a nomination for the office of treasurer, an office he still held at the time and holds to this moment.

The taking of nominations to fill an office which had not been vacated was a moot exercise which wasted the assets of the local union, was contrary to proper democratic process and should not have been conducted.

Accordingly, the procedure and process employed by Local 157 to accept nominations to fill an office which had not been vacated and the result of that process is hereby vetoed pursuant to Paragraph 5.b.iii (c), (d) and (e) of the Stipulation and Order as a waste of local union assets and contrary to one of the purposes of the Stipulation and Order (as set forth in Paragraph 4 therein) to maintain and run the affairs of the District Council and its affiliated local unions in a democratic manner.

Dated: February 14, 2013

Dennis M. Walsh
Review Officer