UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------J{ UNITED STATES OF AMERICA, Plaintiff, 1:90-cv-05722 (RMB)(THK)

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et aI., Defendants. -----------------------------------------------------------J{

): ): ss: COUNTY OF NEW YORK ): JOSEPH FIRTH, being duly sworn, deposes and says: 1. 2. I have been a member of the District Council since 1983 and am in good standing. I am making this affidavit because I believe that an injustice has been done by


Review Officer Dennis Walsh to some members seeking to be candidates in the District Council election. It is my understanding that some candidates were vetoed or disapproved of by RO Walsh for having spoken to me about their effort to form a slate and run for office. At the same time, Michael Bilello is being allowed to run for Executive Secretary Treasurer even though he previously solicited me for my advice about who I thought he should contact in order to gain support in the Local 157 election, which was held a few months ago. I do not know if Bilello told RO Walsh of this.


I know Bilello because I have met him from time to time over the years when he

was campaigning for union election, but we were not in the same local union and did not have much regular contact. He was in Local 157 and I was in Local 608. 4. I know John Gaffney for a long time, maybe 25 years. He is a carpenter. I know

him pretty well because he worked with members of my family, we were in Local 608 together, and for a time we car-pooled together when we both lived in the same community in the Poconos. He was working for a while at Ground Zero, where I was also working for the past two years. One day Gaffney told me that Mike Bilello was working at the site for another company as a shop steward, and that Bilello was looking to speak with me. 5. I told Gaffney it was ok to give Bilello my telephone number. Gaffney gave me

Bilello's telephone number. I am not sure who called each other first, but we played "phone tag" for a day or two. We finally talked over the telephone and agreed to meet at Liberty Street, outside Ground Zero, during a lunch break. I can't recall the particular date. I believe I could get my phone records to show the telephone calls that were made between us trying to get in contact with each other. 6. We met on the appointed day, and went to the Essex Cafe on Liberty Street,

which serves hot food for lunch and has tables in the back. It is frequented by construction workers. 7. At the table, Bilello began his conversation with me by explaining why he

appointed Gerard Gausman as his Vice-President, pro tern at the last union meeting. At a Local 157 membership meeting held about a month before, Bilello became the president pro tern because the Local's president, Lawrence D'Errico, was no longer in office. Under the union's constitution, the local union's president presides over membership meetings and if he is not

there, a president pro tem runs the meeting. I think: the president pro tem appoints a vice president pro tem if no elected vice president is present. But in any event, while I was not at that membership meeting, I had heard about Bilello and Gausman becoming pro tem officers at the meeting. 8. Bilello said that by appointing Gausman he was extending an olive branch to

Local 608 members. (Local 608 members had been merged into Local 157 shortly before.) I asked Bilello why he picked Gausman. I said he did not have the support of the entire Local and there were others who did. Bilello admitted that he may not have made the right choice. asked for my advice about who the members would get behind. recommendations. 9. The conversation then covered the status of the union, what we had been left with He

And, I gave him my

after officers were arrested, and the trusteeship we were under. We talked about the possibility of future elections. He assured me that there were going to be District Council elections by December,2011. He told me he intended to run in the Local 157 election. I assumed he was

going to run for president of Local 157, but he did not actually state this to me. He did say that he intended to run in the District Council election for Executive Secretary Treasurer. 10. He told me he would be looking for support in the near future, but I said I didn't

think:I wanted to get involved in any politics at that time for family reasons. 11. I asked him about his relationship with Dennis Walsh. I asked if he was fair, or

was he like Callihan, the previous review officer? Bilello said he knows Dennis very well, has known him for a long time, and he thought he was not corrupt. He also told me that he thought that Dennis was very much into having his way or nothing at all or words to that effect.


We spoke about the union's welfare fund. I told him I thought we were not

getting the real story about it. Given what had happened with the union I assumed corruption existed in the welfare department. I said I felt RO Walsh had not done enough in this area, and Bilello told me he thought that Dennis had not finished looking into the welfare fund. 13. We also spoke about the head of the Carpenters, Douglas McCarron. Both of us

had a negative opinion of the way he was running things. 14. After we left the restaurant, while walking back to the job site, I asked him if he

got along with John Daly. I told him he should consider Daly to run with. Bilello said Daly could not run for office, because he had been vetoed by Dennis Walsh. I replied, that I thought the veto had been over turned in court. He said that "John has too much baggage." I said I thought John was clean and never took a dime. We then parted when we got to the gate to the work site.

John Daly had run with me for office at Local 608.

I was a business

representative for 10 years at the Local and an elected trustee of Local 608 for 9 years. As a business representative for the Local I was an employee of the District Council. I was

suspended from my position as an employee of the District Council, in September 2009, by Frank Spencer the trustee appointed to run the District Council. I went back to my tools. I stepped down as trustee of the Local in 2010 to run for president. In April 2010 I ran for president of Local 608 and was elected. I beat the incumbent, Martin Deveroux, who became president when John Greaney stepped down in August 2009 after being indicted. I was removed from the presidency five months later, in August 2010, and Daly replaced me as president. I was removed by the International Union, not RO Walsh. The International Union accused me of violating my obligations to the union by not being honest to a higher authority and by telling

someone to go to a job site which they saw as violating the Job Referral Rules. My penalty is that I am suspended for 10 years from holding any union office, being a shop steward, or working for the District Council. I still have the right, as a union member, to otherwise

participate in the union's affairs, including but not limited to, attending union meetings, voting on union business and supporting and voting for candidates for union office. 16. says. Executed on October 15,2011 I have read this statement and I realize I am swearing to the truthfulness of what it

Sworn to before me this 15th day ofOc ber, 2011


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