UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK __________________________________________________________ DEMIAN SCHROEDER, ROBERT MAKOWSKI, & NORMAN

SAUL PLAINTIFFS V. COMPLAINT And JURY DEMAND DISTRICT COUNCIL, FRANK SPENCER & UNITED BROTHERHOOD of CARPENTERS AND JOINERS OF AMERICA DEFENDANTS ___________________________________________________________ Plaintiffs, by their attorney, Aaron David Frishberg, complaining of Defendants, states: PRELIMINARY STATEMENT This is a suit brought by rank and file union members of the United Brotherhood of Carpenters and Joiners of America. Plaintiffs assert that their rights to due process under the Labor Management Reporting and Disclosure Act, the Constitution of the United Brotherhood of Carpenters and Joiners of America (UBC), and the By-laws of the UBC will have been violated if a scheduled meeting takes place on January 9 and 10, 2012, whereupon the Delegates of the UBC will potentially vote on ratifying certain Collective Bargaining Agreements. JURISDICTION 1. This Court has subject matter jurisdiction to redress violations of Plaintiffs rights

afforded them under the Labor Management Reporting and Disclosure Act.

VENUE 2. Venue is properly laid in the Southern District of New York, where the

wrongs sued on occurred. PARTIES 3. Plaintiff, DEMIAN SCHROEDER, who at the time of this action is forty-two years of age. 4. Plaintiff, ROBERT MAKOWSKI, who at the time of this action is fifty-four years old. 5. 6. Plaintiff, NORMAN SAUL, who at the time of this action is sixty-nine. Plaintiffs are all members of United Brotherhood of Carpenters and Joiners of America. Demian Schroeder is a member of Local 45, Robert Makowski is a member of local 157, and Norman Saul is a member of 926. 7. Defendant, FRANK SPENCER, has been the Supervisor of the New York City Council since on or before 2009. 8. Defendant, United Brotherhood of Carpenters and Joiners of America, is a union member organization with 21,798 members in the New York City and its vicinity. AS A FIRST CAUSE OF ACTION FACTS 10. The federal government brought suit under the federal anti-racketeering laws

against the UBC in 1990. This suit also commenced federal monitoring over the UBC. 11. The federal government entered into a Consent Decree with the union in 1994.

12.

The 25,000-member District Council of Carpenters was placed under federal Trusteeship in 2009 after its leader was convicted for racketeering.

13.

In late 2010, local 157 became the largest local the operations of the union. On

January 21, 2011 local 157 met and its rank and file members were informed that a plan for reorganization was being orchestrated. 14. One of the central concepts of the reorganization was to implement a process for

full mobility under which those contractors who had entered into a collective bargaining agreement would be free to select any of the members it preferred to work on its projects, instead of being required to hire at least one-third of their workers through union referrals. 15. That same year, Dennis Walsh was appointed by a federal judge to oversee those

employees be determined by the union itself. Michael Bilello, a rank and file union member of the UBC, had filed a pro se motion with the court in December of 2010 and this motion was addressed in a conference on February 8, 2011. 16. The union members did not receive any more pertinent information regarding the

reorganization plans during the months of February and March of 2011. On April 6, 2011, a conference was held before Judge Berman during which the Judge ordered that the process of reorganizing be done in an open fashion. 17. Defendants caused the initial, of many, delays concerning disseminating

information regarding the collective bargaining agreement process in June of 2011. The By-laws were adopted in August of 2011.

18.

On September 14, 2011, the UBC adopted Memorandums of Understanding.

These Memorandums are effectively the precursor to the Collective Bargaining Agreements themselves. 19. On October 6, 2011, Local 157 nominated new Delegates. On December 20,

2011, a hearing was held before Judge Berman to discuss the continued reorganization processes. 20. Judge Berman expressed serious reservations during the hearing concerning the

rushed process through which Defendants were handling the ratification process of the Collective Bargaining Agreements at issue. 21. On December 27, 2011, a meeting was held between Review Officer Dennis

Walsh and the rank and file union members. This meeting was held at the behest of Judge Berman. 22. However, none of the UBC delegates attended despite the fact that Mr. Walsh

had directed them to do so. A letter from the UBC was disseminated on January 5, 2012, announcing that it would be holding a meeting on January 9th and 10th concerning the ratification of the Collective Bargaining Agreements. 23. As of this date, there has not been a town hall meeting consisting of the

Defendants and rank and file union members concerning these agreements since the hearing before Judge Berman on December 20. Wherefore, Plaintiffs demand that a Temporary Restraining Order be ordered against Defendants prohibiting them from meeting on January 9 and 10, 2012, and/or casting any votes that concerning the ratification of any Collective Bargaining Agreements.

Aaron David Fishberg A member of the bar of this Court 116 W. 111th Street New York, NY 10026 212 740 4544 Attorney for Plaintiffs Jury Trial Demanded Plaintiffs hereby demands a temporary and permanent restraining order prohibiting Defendants from meeting on January 9 and 10, 2012 and from casting any votes concerning the Collective Bargaining Agreements at issue in this action. Further, Plaintiffs demand a trial by jury of all issues triable by jury.

_________________________________ Aaron David Frishberg