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2008-08-24

LU157 2007 Trusteeship Blog

Discuss the LU157 2007 Trusteeship.

5 comments:

Daniel J. Franco said...

Information/commentary already presented at John Musumeci's Local 157 blogspot:

Local 157 Nomination Meeting

Page Six

Dirty Tricks Scandal at Local 157

The Set-Up, Union Politics, Dirty Tricks Scandal at Local 157: Week One

The Sting, Callahan’s Investigation, Dirty Tricks Scandal at Local 157- Part Two

The Trusteeship, Defrauding the Membership, Dirty Tricks Scandal at Local 157 – Part Three

The Cover Up, What Did D’Errico Know and When Did He Know It, Dirty Tricks Scandal at Local 157 - Part Four

Angry Local 157 Members Demand Answers

Local 157 Wins One for The Rank and File

Members Questions Go Unanswered

Questions For Spencer

Daniel J. Franco said...

(Formerly posted at the LU157 Blog Thursday, August 14, 2008 12:13:00 AM EDT)(Corrected)

LU157 Trusteeship:

I knew it wasn’t correct that Forde was allowed to be appointed Assistant Supervisor of Local Union 157. Personally, I always thought it shouldn’t have been allowed because it was and is a conflict of interest by having the NYCDCC EST be immediately involved with and controlling the affairs of a Local Union directly affiliated with the NYCDCC. In addition, if the LU officers supposedly resigned or were supposedly lawfully dismissed, I thought there should have been elections for new officers as soon as was possible.

Having just reread the Consent Decree, to which the NYCDCC and Local Unions then and now must abide, signed by Federal Judge Haight March 4, 1994, presented at page 16, being NYCDCC EST and Local Union 157 Assistant Supervisor appears to have violated paragraph 10 of the Consent Decree. Was it inadvertent contempt of the Consent Decree or just plain intentional contempt?

Additionally, not having an election within 90 days for local union officer positions vacated by a DC officer appears to have also violated this paragraph. Not that Forde was allowed to do that any way. Question is who actually dismissed the LU157 officers? To my knowledge, only a LU Supervisor is allowed to circumvent the trial/guilty/vote officer dismissal procedure as stated within the 2006 UBC Constitution. However, Hanley, Dilacio, and Kennedy seemed to have been dismissed as LU157 officers well before Spencer was appointed. Yes, you can argue that Hanley and Kennedy willingly resigned their LU officer positions when they resigned their Business Manager and Business Agent positions. But Dilacio did not. Please correct me if I am wrong. Nonetheless, no election for the vacated positions occurred within 90 days. (Thanks Callahan!)

10. Prohibition on Multiple Office holding. The By-Laws of the District Council shall be amended, and are hereby amended, to provide that, effective immediately, no District Council officer shall simultaneously hold any elected, appointed or salaried position in any local union. This provision shall be effective against any District Council officer who currently holds any such positions at the earlier of: (a) the expiration of the officer's current local union term of office; or (b) July 1, 1994. Any local union office vacated by a District Council officer shall be filled by an election of the membership of that local, supervised by the Investigations and Review Officer. Such elections shall be conducted on a date determined by the Investigations and Review Officer, but not more than ninety (90) days after the vacancy is created.

What do you think?

Daniel J. Franco said...

(Formerly posted at the LU157 Blog Wednesday, August 20, 2008 5:59:00 PM EDT)

Do you think that the LU157 trusteeship was rightfully imposed? If yes, why? If you think it wasn’t, why? Also, if you wanted to make a complaint about the LU157 trusteeship to the US DOL, what concerns would you include?

Daniel J. Franco said...

Here are the initial letters faxed to D'Errico, Forde, Spencer, and McCarron on April 7, 2008 and again April 11, 2008.

Here are the follow-up letters faxed to Forde, Spencer, and McCarron on April 22, 2008.

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