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Trial Committee--Musumeci v Bilello-Case No NYCDCC-01-13 - Exhibits a-C to 4-19-13 Letter to Dismiss

Trial Committee--Musumeci v Bilello-Case No NYCDCC-01-13 - Exhibits a-C to 4-19-13 Letter to Dismiss

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Published by Latisha Walker
Trial Committee--Musumeci v Bilello-Case No NYCDCC-01-13 - Exhibits a-C to
Trial Committee--Musumeci v Bilello-Case No NYCDCC-01-13 - Exhibits a-C to

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Published by: Latisha Walker on Apr 21, 2013
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09/09/2013

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From:
John Musumeci [mailto:jmusumeci157@gmail.com]
Sent:
Monday, February 25, 2013 6:36 AM
To:
Santo Barravecchio; Carol Moran; Barbara Deinhardt
Cc:
Dennis Walsh; Michael Bilello; James Murphy; Josh Leicht
Subject:
5.f. Arbitration
Dear Trial Committee Co-Chairs:Please accept this email as my official request for arbitration pursuant to Paragraph 5.f of the NCYDCBylaws.Below are five questions to be decided by the arbitrators and the remedy sought and a reference toparagraph 5.f. for your convenience.If you need any further information, I can be reached either by emailjmusumeci157@gmail.comor telephone 646-812-3527.  Thank you,John MusumeciLocal 157 Delegate to the District Council
Questions to be decided:
 1. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, engage in a concerted effort andtargeted pattern of harassment, threats, coercion, bullying & intimidation carried out by his assistantand/or others, in a year long campaign which culminated at a July 25, 2012 delegate meeting atapproximately 7:30 pm, whereby Bilello, directly engaged in a course of vexatious, personal andindecorous comments or conduct that is known or ought reasonably to be known to be unwelcome, whichincited UBC members to publicly harass, intimidate and humiliate Delegate John Musumeci bythreatening to file; and by filing bogus charges against him, in direct retaliation for exercising his First Amendment freedom of speech, LMRDA & NLRA Section 7 rights as a union member with regard to hishaving raised multiple serious questions relative to the conduct and handling of the MWA Arbitration?2. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, intentionally fail to keepaccurate, and/or caused the July 25, 2012 delegate body meeting minutes to be altered in a way thatomitted the vexatious, personal and indecorous comments and appalling failure of decorum andprocedure?3. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, abuse his authority and/or cause/prevent the Director of Human Resources from investigating a compliant of harassment byDelegate John Musumeci?4. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, withhold vital information fromthe delegate body, by unilaterally making the decision to go forward and take the MWA to arbitrationwithout first seeking or having delegate body approval?
EXHIBIT A
 
5. Did NYCDCC EST Michael Bilello, in violation of the laws of the UBC, cause and/or failed to provideinformation about the District Council (e.g., MWA arbitration, contract negotiations, etc.) to themembership by not effectively maintaining the District Council website?
Remedy Sought
: For serious violations of the laws of the UBC, Michael Bilello, is banned from holdingelected office, a $75,000 fine imposed, and mandatory training on parliamentary rules and procedures for all District Council Officers.
Section 5.f. states
: “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 CouncilDelegate 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. Any Delegate that believes that he or she has beensubject to a violation of this section may file a complaint with the Chief Compliance Officer and theInspector General, who shall conduct a joint investigation of the merits of such complaint. Uponcompletion of that investigation, no later than ninety (90) days following receipt of the complaint, either theChief Compliance Officer or the Inspector General may refer the matter to the Trial Committee, theReview Officer (to the extent such a Review Officer is in place), or the United States Attorney, as
appropriate. The foregoing shall not limit any Delegate’s right to also file a complaint with the Gen
eralPresident of the United Brotherhood, as provided for under Section 53(G) of the UBC Constitution.
 
Inaddition to the foregoing, any District Council Delegate may file a complaint with the Trial CommitteeChairman and thereby initiate an arbitration to be conducted before a three-member panel consisting of the Trial Committee Chairman, Trial Committee Vice Chairman, and a third arbitrator to be chosen by theTrial Committee Chairman and Trial Committee Vice Chairman. All decisions of said panel must besupported by substantial evidence and any party to the proceeding may seek review of a decision with
the District Court.”
 
--John's mobile: 646-812-3527 
 
EXHIBIT B

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