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Caption 12-7-057 William S. Lebo v.

John Musumeci I John Musumeci, UBC #3210-9093, of Local 157, do hereby prefer charges against: Michael Bilello, of Local 157 and William S. Lebo, of Local 45. United Brotherhood Constitutional Violations (Sec.51A) (1) Causing dissension among the members of the United Brotherhood. (5) Improper harassment of any member of the United Brotherhood. (6) Defrauding the United Brotherhood or any subordinate body. (13) Violating the Obligation. NYCDCC By-law Violations (2) Primary objective is to protect memberships interest. (4B) The full plenary power and authority of the District Council is hereby vested, without limitation, in the Delegates to the Council that shall collectively form the Council Delegate Body. (5A) The Council Delegate Body shall have the exclusive authority to consider, vote upon and finally make decisions on all matters affecting the Council, as provided for in the Bylaws. (5B7) Review and revise all draft contracts of the Council and approve or reject all such contracts prior to their execution, including, but not limited to, those contracts relating to the employment of service providers, outside legal counsel or other professional advisors. (5F) No Delegate of the Council Delegate Body shall be subject to any adverse employment action, harassment, intimidation, threats, or coercion by the District Council, the Council Delegate Body or any Officer thereof for exercising, in good faith, the authority of, or fulfilling the duties of, a Council Delegate as provided for in these Bylaws.

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(8) It shall be the duty of the President to preside at all meetings of the Council, enforce a due observance of the Constitution and Laws of the United Brotherhood, conduct the same according to parliamentary rules. (10A) The Executive Secretary-Treasurer shall cause to be kept a detailed record of each Council Delegate Body meeting and a record of all roll-call votes cast by Delegates in such meetings, keep all documents and correspondence, issue all calls for a special meeting, keep a record of all charges, trials, in accordance with the District Council Charge and Trial Procedures, and fines, take charge of the seal of the Council and affix same to all official documents, sign all legal orders, keep a correct account between the Council and the Local Unions, receive all monies paid to the Council and shall hold in his or her possession a sum of money not to exceed Seven Thousand Five Hundred Dollars ($7,500) for exigent expenses lawfully incurred by the District Council. (12G) The Executive Committee shall have the authority and responsibility to provide information about the District Council to the public and the membership including by publishing The Carpenter and effectively maintaining the District Council website. When presenting information to the public and the membership, the Executive Committee shall provide information fairly reflecting the range of positions and points of view on subjects relevant to the District Council and members. (28E8) The District Council's compliance and ethics program shall be promoted and enforced consistently throughout the District Council through. (28E8B) Appropriate disciplinary measures for engaging in noncompliant conduct and for failing to take reasonable steps to prevent or detect noncompliant conduct. (28E9) After noncompliant conduct has been detected, the District Council shall take reasonable steps to respond appropriately to the noncompliant conduct and to prevent further similar noncompliant conduct, including making any necessary modifications to the organization's compliance and ethics program.
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United Brotherhood Constitutional Parliamentary Rules (3) Any conversation by whispering or otherwise, which is calculated to disturb a member while speaking, or hinder the transaction of business, shall be deemed a violation of order. (4) Partisan politics or sectarian discussion shall not be permitted in the meeting under any circumstances. (5) All questions of a parliamentary nature not provided for in these Rules shall be decided by Roberts Manual. (6) A motion to be entertained by the presiding of officer must be seconded, and the mover as well as the seconder must rise and be recognized by the Chair. (13) Each member, when speaking, shall confine his or her remarks to the question under debate and avoid all personal, indecorous or sarcastic language. (14) No member shall interrupt another while speaking, except to a point of order, and shall definitely state the point, and the Chair shall decide the same without debate. (19) The presiding of officer shall not speak on any subject unless he or she retires from the Chair, except on points of order and appeals from the decision of the Chair, and in case of a tie shall have the deciding vote. (25) Before putting a question to vote, the presiding of officer shall ask: Is the Union ready for the question? Then it shall be open for debate. If no member arises to speak, the presiding of officer shall then put the question in this form: All in favor of the motion say Aye, and after the affirmative vote is expressed, Those of the contrary opinion say No. After the vote is taken the Chair shall immediately announce the result.

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Specification of Charges Count One On July 25, 2012, at approximately 7:30 pm, in the course of preforming my duties as an elected Delegate to the District Council, Executive Secretary -Treasurer Michael Bilello, and President William S. Lebo, publicly harassed, intimidated, humiliated, and threatened me, by engaging in a course of vexatious personal and indecorous comments or conduct that is known or ought reasonable to be known to be unwelcome. They also incited members of the Delegate Body to engage in this conduct and to file charges against me in retaliation for exercising my freedom of speech as a union member with regard to raising serious questions about the conduct and handling of the MWA Arbitration. The above actions violate the following: (51A1) By creating dissension in the delegate body to the point I was reasonably fearful of being physical attacked. (51A5) By engaging in a course of vexatious personal and indecorous comments or conduct that is known or ought reasonable to be known to be unwelcome. (51A13) By engaging in a course of vexatious personal and indecorous comments. (5F) By engaging in a course of vexatious personal and indecorous comments or conduct that is known or ought reasonable to be known to be unwelcome. (8) By failing preform and enforce the duties of the President. (28E8) By failing enforce the Code of Ethics program. (28E8B) By failing to take appropriate disciplinary measures for engaging in non-compliant conduct. (28E9) By failing to take reasonable steps to respond appropriately to the noncompliant conduct and to prevent further similar noncompliant conduct. (3,4,5,6,13,14,19,25) By failing to enforce UBC Parliamentary Rules.
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Specification of Charges Count Two On August 6, 2012 Delegates received an email containing the July 25, 2012 meeting minutes. Upon information and belief, EST Bilello and President Lebo intentionally altered the minutes in a way that omitted their vexatious personal and indecorous comments. On August 8, 2012, in the course of preforming my duties as an elected Delegate to the District Council, I requested to have the meeting minutes "corrected" to reflect the vexatious personal and indecorous comments. President Lebo, incorrectly called for a motion to have the minutes amended, the motion failed (partisan delegates voted not to include the vexatious personal and indecorous comments). Lebo's call for a motion is out of order; per section 10(A) The Executive Secretary-Treasurer has a duty to keep a "detailed" record of the meeting. Also Roberts Rules Article X.60 states: "When the minutes are to be published, (disseminated to delegates) in addition to the strict record of what is done, as heretofore described, they should contain a list of the speakers on each side of every question, with an abstract of all addresses, if not the addresses in full, when written copies are furnished." On August 21, 2012 Delegates received an email containing the August 8, 2012 meeting minutes. The minutes were altered in a way that omitted the requested corrections and the failed motion (see excerpt). Excerpt August 8, 2012 meeting minutes: The meeting is called to order. President Lebo asks if minutes from previous meeting have been reviewed and if there are any questions. On the question:

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Brother Musumeci: Section 10 EST shall cause to be kept ... (Reads off section & then reads of pg. #12 from last weeks minutes) ... My first question is why are the ESTs comments left out? As I recall you said If you want to be a journalist, why dont you work at the N.Y. Times? (Reads UBC Constitution Rule #13), your comments violate Rule #13. Presiding officer shall not speak on any matter ... my question is; any member speaking or reporting, there are questions and answers? Presidents job is to keep order not to interject opinion. Another question is; you were asked a question and you answered with a question, not ruling on a point of order, you are inciting the Delegate Body. Brother Wallace: If you want an amendment, make your point. Pres. Lebo: What corrections John, on the minutes? Brother Musumeci: Where is the motion, you took a vote? Pres. Lebo: I acted on the opinion of the Delegate Body. Brother Musumeci: You are in violation of the rules. Motion made to accept minutes as read by Brother Dore, seconded by Brother Rodin. Motion carried.

The above actions violate the following: (51A6) By defrauding the United Brotherhood intentionally engaging in a conspiracy to omit/alter information and thereby falsifying the official minutes of the legal proceedings of a labor organization, which is a crime under New York Penal Law - Article 175. (8) By failing preform and enforce the duties of the President. (10A) By failing to keep a detailed record of each Council Delegate Body meeting. (28E8) By failing to be in compliance with the Code of Ethics engaging in unethical behavior. (5) By failing to enforce UBC Parliamentary Rules.
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Specification of Charges Count Three Though not vested by the District Council Bylaws with authority to do so, upon information and belief in January/February 2012, District Council EST Bilello unilaterally entered into an agreement with the Manufacturing Woodworkers Association (MWA) to go to arbitration. Background: In August 2009, then District Council Vice President Denis Sheil entered into an agreement on behalf of the District Council with a company called Gilbert Displays (active in the trade show industry), which set its wage and benefit package at a rate lower than that in the agreement for the MWA. When the MWA found out about the deal, it claimed that it should have received the same terms pursuant to the most favored nations clause (MFN) in its CBA. The MWA filed an arbitration claim. On May 3, 2012, Arbitrator Townley issued a decision in favor of the MWA in its arbitration claim that its MFN clause entitles MWA employers to receive the same terms granted to Gilbert Displays by the Forde Administration in 2009. In June 2012, MWA contractors have relied on the decision to unilaterally cut benefit compensation to all employees to $10.94 per hour. At an Arbitration hearing on July 19, 2012, the MWA claimed its damages were $59 million based on the Gilbert Displays deal. That is approximately $9 million more than the total assets of the District Council. Among other things that occurred at the hearing, a 4 million cash settlement offer to end the arbitration was made and authorized by EST Bilello, which expired on Monday, July 23, 2012. The MWA did not respond to the offer, thereby rejecting it.

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