William S_ Lebo District Council Draft Bylaws 5-6-2011

8/6/2019 William S_ Lebo District Council Draft Bylaws 5-6-2011

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To: Dennis WalshReview Officer90 Civ. 5522 (SDNY)Fitzmaurice & Walsh, LLP May 13, 201115 Chester Ave.White Plains, N.Y. 10601

Email: [email protected]

From: William S. Lebo2971 Western Blvd.Baldwin, N.Y. 11510Email:[email protected] ID # 3467-5797

Dear Dennis,

I have read through the draft of the proposed bylaws that theUBC has submitted to you. I thank you for this opportunity tocomment on said proposal.

My first reaction to these bylaws was one of disbelief andanger. I realized after reading them that there was a distinctlack of the protections, discussed by the UBC’s attorney KennethConboy, at the April 6th 2011 status conference with Judge Berman.There was absolutely none of the transparency also discussed. Iwould have thought Judge Berman was quite clear that he considered“openess”, or in other words, transparency, to be a virtue. I’m

sure, you also feel, that transparency is also key to an open,honest, and corruption free NYCDCC, as do I.

To accomplish this, all delegate meetings must be documentedaccurately, and all of this documentation should be disseminatedto the membership so that they might know whether or not theirdelegates are doing the job they expect them to do. Also, as youhave discussed at meetings with the membership, the voting by thedelegates must also be recorded and documented for disseminationto the membership for the same reasons. There is none of thismentioned anywhere in the UBC’s draft of the bylaws. I find thisto be disgraceful, as well as, an insult, to you, the members ofthis union and to the Court. I would go a step further and

document all executive committee meetings as well. I believe, thisall must be done before any bylaw submission can be accepted, orwe will end up with the same criminal activities that we havelived with since the inception of the NYCDCC.

There are other issues I have with this draft, such as, thecomplete and utter lack of membership participation. As I havestated in the submission in support of the Bilello Motionsubmitted to the Court, the NYCDCC is not an, “intermediate body”,it is a “local labor organization” and therefore has to be held tothe LMRDA’s rules for a local union. You yourself have noted the



scarcity of members at local union meetings. One of the reasonsthat is the case is that the members have realized under thissystem we have no voice in our unions affairs. This gives us all asense of hopelessness. That being said, this is no way to run ademocratic union. If you read anything written these days aboutour union and its General President you will find and come to

believe, that that is the way he wants it. No membershipparticipation and complete unabashed control by him through thefear of trusteeships and mergers. That’s not to say that is thecase here. We obviously needed this, but this has gone onthroughout the brotherhood for no apparent reason other thanautocratic control.

I have taken your technique in my submission of the problemsI have with this draft of the bylaws. I have highlighted in yellowand green the section of the bylaws I have taken issue with. Ihave put my comments in bold and italics and highlighted them inblue and violet where I wanted to differentiate. If this is aproblem and you want me to just break it up and resubmit, just letme know. This was just the easiest way to do this for me.

I didn’t take issue with misspelling or sentence structureerror of which there are many. I leave that to spell check, butsomeone in the UBC’s attorneys office should learn how to use it.

As a last comment, I get the feeling that this draft is justanother stall tactic by the UBC.

Respectfully submitted,

William S. Lebo

Cc: Benjamin Torrance by email

DRAFT

BYLAWS

District Council for New York City and Vicinity of the

United Brotherhood of Carpenters and Joiners of America

MAY ___, 2011



DRAFT

District Council for New York City and Vicinity of the UnitedBrotherhood of Carpenters and Joiners of America

PREAMBLE

WHEREAS, our aim will be to promote and protect the interest ofour membership, to elevate the moral, intellectual and socialconditions of all working men and women, to assist each other insickness and distress;

WHEREAS, we intend to encourage apprenticeship and a higherstandard of skill, to cultivate a feeling of friendship, and toassist each other to secure employment;

WHEREAS, we shall aid and assist all organizations to uphold thedignity of labor and resist oppression by honorable means;

WHEREAS, we hold it as a sacred principle, that union members,above all others, should set a good example as good and faithfulworkers, performing their duties to their employer with honor tothemselves and to their organization;

WHEREAS, we resent the principle of open shop association, andwill continually strive for the enactment of legislation whichwill enable us to achieve our objectives;

WHEREAS, realizing that a blow at one organization is a blow toall, we recognize that it is our duty as union members to purchaseunion-made goods and patronize union shops and business

establishments whenever possible to do so;

THEREFORE, with the above-stated aims and principles in mind, theLocal Unions in the vicinity of New York, New York affiliateourselves into an organization that shall be known as the DistrictCouncil for New York City and Vicinity of the United Brotherhoodof Carpenters and Joiners of America in conformity with theprovisions of the Constitution of the United Brotherhood.

BYLAWS

NAME AND TITLE

Section 1. This body is chartered and known as the DistrictCouncil for New York City and Vicinity of the United Brotherhoodof Carpenters and Joiners of America (herein “Council” or“District Council”). This Council is organized in conformity withthe Constitution of the United Brotherhood and shall exercise thepowers and privileges of a Council under the Constitution and Lawsof the United Brotherhood.

CONSISTENCY WITH JUDICIAL ORDERS



Section 2. These Bylaws are intended to conform with any and allrelevant provisions of the Consent Decree, the Stipulation andOrder of June 3,2010, and any other Order entered, in UnitedStates v. District Council, 90 Civ.5722 (CSH). Any provision ofthese Bylaws that is inconsistent therewith shall be null and

void, and of no force or effect.

OBJECTS

Section 3. The objects of this Council shall be to promote andprotect the interest of our membership through broadly democraticinstitutions free of corrupt influence, to encourage theapprenticeship system and higher standard of skill, to secureadequate pay for our work, to elevate the standard of our craft,to cultivate a feeling of friendship among the members of thisBrotherhood, to assist our members in procuring employment and toprotect our members by legal and proper means against anyinjustice that may be done to them, and improve the moral, social

and intellectual conditions of our members and all working people.

DISTRICT COUNCIL POWERS GENERALLY

Section 4.

(A) This Council shall be the central governing body over andshall have legislative and executive powers on all mattersrelating to the generalinterest and welfare of affiliated Local Unions and their members.

Over and all are far too all encompassing, and can place astrangle hold on the democratic freedom of the local unions. In

the past and even now under the trusteeship by the UBC, localunion officials are careful not to step on the toes, (so to speak), of the council officers and in our case now the UBC supervisors. (Example: At local 45's April 2011 meeting. I made a

motion which was seconded, to send the UBC president Douglas J. McCarron a letter, asking him about a situation with the AFL-CIO that he has created, whereby the AFL-CIO has threatened, starting a carpenters union of it's own in retaliation to his actions. Theofficers of my local asked me to consider the ramifications of my

motion, and that at this critical point, with the mergers of locals about to take place, it would be prudent not to send such aletter. Begrudgingly I withdrew my motion.)Fear of retribution should never govern a union, but it does even now, and words in this context should not be allowed.

The Council shall establish working dues or monthly dues (thatare sufficient to operate the Council, as determined by anassessment of the prior year’s operating expenses and theprojected budget for the period under consideration) payable tothe Council and initiation fees.

This is illegal. The LMRDA (29 U.S.C. 411) Sec.101 3 (A) states:



Dues, Initiation, Fees, and Assessments. Except in the case of afederation of international labor organizations, the rates of duesand initiation fees payable by members of any labor orgaqnization in effect on the date of enactment of this Act shall not beincreased, and no general or speacial assessment shall be levied upon such members, except- (A) in the case of a local

organization, (i) by majority vote by secret ballot of the membersin good standing voting at a general or special membership meeting, after reasonable notice of the intention to vote upon such question, or by majority vote of the members in good standing in a membership referendum conducted by secret ballot.

As your aware the next section describes what to do in the case of labor organizations other than local organizations. However, after all the restructuring the locals of the NYCDCC and the Councilitself has gone through the locals are left a mere shell of their former selves and have no real powers or functions traditioinally held by local labor organizations. Furthermore the NYCDCC now

performs all the powers and functions that were traditionally performed by the local unions. Therefore the NYCDCC must be held

to be a local labor organization bound by Section 101 3 (A) (29 U.S.C. 411).

It shall have the power to collect and retain all fines levied bythe Council for violation of the laws, trade and other rules ofthe Council. The Council shall have the power to issue thequarterly work card. It shall have the power to make agreementswith kindred bodies

Define kindred bodies

Or central organizations and send Delegates to same wheneverdeemed necessary. The Council shall have the power to hire,

discipline, promote, and fire all employees of the Council,including Organizers and Representatives, in accordance with theestablished District Council Personnel Policy, effective January31, 2011, as updated and amended (the “District Council PersonnelPolicy”). No Council Officer or Executive Committee Delegate shallreceive salary or other compensation or hold an elected orappointed position as an officer of an affiliated local union.Except for clerical employees of Local Unions, all personsemployed on matters within the jurisdiction of the Council,including Business Representatives and Organizers, shall beemployees of the Council. No person shall be an employee of anaffiliated Local Union except for persons employed in clerical

positions, subject to the District Council Personnel Policy. Uponapproval of these Bylaws, all Local Union employment positions,except for clerical positions, shall cease to exist. Furthermore,the Council shall have all other powers provided for in theBylaws.

(B) The full plenary power and authority of the District Councilis hereby vested, without limitation, in the Delegates to theCouncil that shall collectively form the Council Delegate Body. Inaccordance with Section 7 of these Bylaws, the Council Delegate



Body shall be elected by the rank and file members of the UnitedBrotherhood of each affiliated Local Union. Each Local Union shallhave at least one Delegate to the Council Delegate Body with theremaining delegates allocated proportionally based upon thefollowing ratio: 1 Delegate for every 200 members of a LocalUnion. Provided however, that no Local Union may have more than

twenty (20) delegates. The Council Delegate Body shall exercisethe authority granted to it in Section 5 of these Bylaws bymajority vote

is that of the delegates present at the meeting?

and each Delegate shall be elected for a term of three (3) years.In the event of a tie vote, the President shall cast the tie-breaking vote.

(C) These Bylaws and any other rules, resolutions and directivesadopted by the Council shall govern and be binding on each LocalUnion affiliated with the Council.

POWERS AND DUTIES OF THE COUNCIL DELEGATE BODY

Section 5. The Council Delegate Body shall have the followingenumerated powers and duties:

(A) The Council Delegate Body shall have the exclusive authorityto consider, vote upon and finally make decisions on all mattersaffecting the Council, as provided for in the Bylaws.

Can I assume that means all matters that are allowable under theConsent Decree, the LMRDA, the LMRA, and any and all applicablestate and federal laws?

The Council Delegate Body shall also have authority to raise andfinally resolve any matter within the jurisdiction of the Councilon its own initiative.

Explain how. What's the procedure for this?

(B) Without limiting the Council Delegate Body’s responsibilitiesor authority, the Council Delegate Body must:1.Meet at least bimonthly to receive and review the OrganizingReport,

Membership Retention Report, and Political and Legislative Reportas identified in Section 22 below, and request additionalinformation as necessary;2.Review and approve or reject by June 30 of each year the budgetfor theCouncil for the following year;3.Review and approve or reject, in advance, all expenditures of theCouncil, including expenditures of the Council Officers, above Two



Hundred Dollars($200); provided further that the Delegate Body may establish inwriting standing appropriations for designated amounts, not toexceed Five HundredDollars ($500.00), for specific, recurring bills of the DistrictCouncil;

4.Review and approve or reject, within one month after they havebeen incurred, all expenditures of the Council, includingexpenditures of theCouncil Officers, below Two Hundred Dollars ($200); providedfurther, that the Delegate Body may pre-approve, in writing,expenditures for specific items within Two Hundred Dollars ($200);5.Review and approve, reject or revise annually the overallorganizing plan of the Council, which shall include, but not belimited to, information regarding industry targets, developmentsin ongoing programs, obstacles faced and the involvement ofvolunteer organizing committees with organizers in jobsite

actions, and housecalls; notwithstanding any other provision inthe Bylaws, the overall organizing plan of the Council may beapproved by a simple majority vote of the delegates, but onlyrepealed by two thirds vote of the delegates;

Again is this of the delegates present at the meeting?

Provide instruction to the Executive Committee and review, approveor reject all decisions of the Executive Committee;

The executive committee should make recommendations not decisions

7.

Review and revise all draft contracts of the Council and approveor reject all such contracts prior to their execution, including,but not limited to, those contracts relating to the employment ofservice providers, outside legal counsel or other professionaladvisors. No contract shall be approved unless the DistrictCouncil shall have issued a Request for Proposal (“RFP”) to atleast five (5) potential counterparties and received at leastthree (3) proposals in response. In deciding among the responsesto an RFP and approving any contract, the Council Delegate Bodymust consider the following factors, among others: The cost of thecontract as compared to the other proposals received, thequalifications of the counterparty (including prior experience

providing similar services), the reputation and integrity of thecounterparty, and any relationship(s) between the counterparty andDistrict Council employees, officers or delegates (which may be afactor warranting disqualification);8.Review and approve or reject, in advance, all CollectiveBargaining Agreements following a recommendation from theExecutive Committee. If a Collective Bargaining Agreement isrejected, the Delegate Body shall promptly inform the ExecutiveCommittee in writing of any provision(s) that caused, or will



cause as indicated by a non-binding vote, in whole or in part, therejection.

The delegate body should bring the information on negotiations back to their local union meetings for debate by the membership,and to get directives, from the membership, as to how they want

them to vote, as well as any demands or questions they may have.For that matter since the NYCDCC is a local labor organization thecontracts must be ratified by the membership.

9.Approve or reject the appointment and removal of Trustees to theTrustFunds and appoint and remove representatives to the Council’sRules andResolutions Committee, District Council Grievance Committee,DistrictCouncil Election Committee, and such other committee(s) it deemsnecessary. Such appointments shall be based on the following

qualifications, including but not limited to, training, ability,experience, reputation and integrity, and absence of disqualifyingconflicts of interests. The District Council shall establish inwriting the duties and responsibilities of each Committee.10.Review and approve or reject, in advance, the hiring (includingthe compensation and other terms of employment), firing ordiscipline ofCouncil representatives and organizers, in accordance with theestablishedDistrict Council Personnel Policy;11.Appoint individuals to fill vacancies in the positions of Chief

Accountant,Inspector General, Deputy Inspector General, Chief ComplianceOfficer,Deputy Chief Compliance Officer, Director of Human Resources,Director of Operations, and Director of Organizing, subject to theprovisions ofSections 10, 12, 13, 27, 28, and 29;12.As provided for herein, receive and review written presentationsfrom theInspector General on the integrity of the District Council,including the identification and status of all pending complaints

and investigations completed, subject to necessary precautions toprotect the integrity of ongoing investigations, as determined bythe Inspector General;13.Quarterly, receive and review written presentations from the ChiefCompliance Officer on the implementation and administration of theDistrictCouncil’s compliance and ethics program;14.Quarterly, receive and review written presentations from the Chief



Accountant on the status of the District Council’s finances andthe implementation and administration of the accounting andfinancial controls program, as required by the policies andprocedures established pursuant to Section 13(B) hereto;15.Quarterly, receive and review written presentations from the

Director ofHuman Resources on the implementation and administration of theDistrictCouncil’s Personnel Policy;

The delegate body should be able to demand oral presentation aswell as a question and answer period when they feel the need arises of these offices.

16.Review on a quarterly basis, through a subcommittee of theDelegate Body, or more often as the Council Delegate Body deemsappropriate, the District

Council’s job referral activities and records to determine thatjob referrals are being conducted fairly and properly, inaccordance with the job referral rules;17.Establish an Audit Committee of the District Council that shallconsist of the UBC District Vice-President or his designee LegalCounsel;

This is ridiculous there is no reason that once the trusteeship isover to have a UBC district vice president on our audit committeeif all the mechinisms are in place to weed out corruption. I vehemently object to this.

The council should have an attorney on staff with aides and a paralegal.

a Certified Public Accountant; the Inspector General; and two (2)delegates

This should be at least 4 delegates

from the Council Delegate Body (elected by the Council DelegateBody). The Audit Committee shall be responsible for monitoringcompliance with the financial requirements of the District Council

Bylaws, reviewing the District Council’s financial systems andprocedures, making recommendations regarding best practices on aperiodic basis, monitoring the District Council so that nofinancial fraud or corruption occurs, and shall meet no less thatonce every month. The Audit Committee shall report quarterly tothe Delegate Body or more frequently if requested to do so by theDelegate Body. The Audit Committee may require any employee,officer, or delegate to the District Council to appear before theAudit Committee and provide information as requested. The AuditCommittee shall develop policies and procedures for the Audit



Committee, which shall be subject to the approval of the UnitedStates Attorney’s Office for the Southern District of New York andthe Review Officer appointed under the June 3, 2010 Stipulationand Order in United States v. District Council, et al., 90 Civ.5722, SDNY (RMB), and set forth in a separate document. If theAudit Committee does not submit such policies and procedures to

the Review Officer for approval by March 15, 2012, the ReviewOfficer may draft such policies and procedures for approval by theUnited States Attorney’s Office for the Southern District of NewYork. The Audit Committee must conduct its activities inaccordance with those policies and procedures, and may not modifythem without the prior approval of United States Attorney’s Officefor the Southern District of New York and, during the ReviewOfficer’s tenure, the Review Officer.

This last section never states who will chair the audit committee

18.The District Council’s Trustees shall report in writing to the

AuditCommittee on a monthly basis, or more frequently if requested todo so by the Audit Committee, with respect to all expenditures ofthe District Council, including but not limited to, representingthat the expenditures approved and/or incurred by the DistrictCouncil are in accordance with the District Council’s ExpensePolicy, Bylaws, and applicable law.The District Council’s Chief Accountant shall report in writing tothe Audit Committee on a quarterly basis.

The Council Delegate Body may by a vote of two thirds of itsmembers order an audit of the expenditures or financial conditionof the District Council by an independent outside auditor,

retained in accordance with the requirements of Section 4(B)(7) ofthe Bylaws.

No Officer of the District Council may be appointed to the AuditCommittee. The term “Officer” shall not be interpreted to includeemployees of the District Council, the Inspector General orDelegates.

(C) All approvals, rejections or revisions by the Council DelegateBody must be supported by a majority of the Council Delegates

of the delegates present?

after due consideration

What constitutes due consideration?

and discussion of all relevant points of view, in accordance withthe UBC Constitution and Laws and/or recognized parliamentaryprocedure, at a meeting of the Council Delegate Body. To theextent that theCouncil Delegate Body withholds any approval required by Sections



4(A) or 4(B) in advance of any action, the District Council maynot proceed with the proposed course of conduct.

(D) No approval by the Council Delegate Body of any change incompensation for a District Council employee, or class of DistrictCouncil employees, shall be effective until after the next

election of District Council Delegates if the effected employee orany member of the effected class of employees, is also a member ofthe Council Delegate Body.

This assumes delegates will be allowed to be council employeeswhich will cause another rubber stamp delegate body and afutherance of the corruption we are trying to rid the council of.

(E) All Delegates of the Council Delegate Body shall becompensated at the rate of $100 (One Hundred Dollars) per meeting.

Being that this is a thankless and tedious job I think the sum should be more, teachers at the LTC get more for a single evening

at the school. Especially when you consider the elevated cost of transportation I feel the rate should be at least $200.

(F) No Delegate of the Council Delegate Body shall be subject toany adverse employment action, harassment, intimidation, threats,or coercion by the District Council, the Council Delegate Body orany Officer thereof for exercising, in good faith, the authorityof, or fulfilling the duties of, a Council Delegate as providedfor in these Bylaws. Any Delegate that believes that he or she hasbeen subject to a violation of this section may file a complaintwith the Chief Compliance Officer and the Inspector General, whoshall conduct a joint investigation of the merits of suchcomplaint. Upon completion of that investigation, no later than

90-days following receipt of the complaint, either the ChiefCompliance Officer or the Inspector General may refer the matterto the Trial Committee, the Review Officer appointed pursuant tothe Consent Decree entered in United States v. District Council,et al., 90 Civ. 5722 (to the extent such a ReviewOfficer is in place), or the United States Attorney’s Office forthe Southern District of New York, as appropriate. The foregoingshall not limit any Delegate’s right to also file a complaint withthe General President of the United Brotherhood, as provided forunder Section 53(G) of the UBC Constitution.

This is inadequate protection. A delegates position on a job should be secured until such time as an investigation is completed and finalized. 90 days is unacceptable this should take a higher

priority as to deter anyone from using any means to influence or deter a delegate from his/her duties. This has been an avenue to corruption in the past and we must not allow this to occur ever again.

(G) Any Delegate, or the Council Delegate Body, may file acomplaint or raise any concerns regarding the District Council,its Officers, or the Council Delegate Body with the United States



Attorney’s Office for the Southern District of New York, theReview Officer appointed pursuant to the Consent Decree entered inUnited States v. District Council, et al., 90 Civ. 5722 (to theextent such a Review Officer is in place), or the GeneralPresident of the United Brotherhood, as provided for under Section53(G) of the UBC Constitution.

OFFICERS OF THE COUNCIL

Section 6. The officers of this Council shall consist ofPresident, Vice President, Executive Secretary-Treasurer, Warden,Conductor, and three (3) Trustees (collectively, the “Officers”).The term of these offices shall be three (3) years.

The member serving as Executive Secretary-Treasurer shall belimited to two (2) terms in office. The only officer position ofthe District Council that shall be compensated shall be theExecutive Secretary-Treasurer position.

I believe the president and the vice president should both also becompensated and have paid positions at the council. In the pastthe EST would appoint these officers to positions as aides to theEST. I believe by making these positions paid you accomplish threeobjectives.1. This removes the I owe you factor. Neither postion owes the EST anything and can function without that over their heads.2.It gives an incentive to take on these jobs.3. It enables the functions of the council to be split up in way an incident command system(ICS) is divided in order to maintain control of the numerous departments of the NYCDCC.

NOMINATIONS AND ELECTIONS

Section 7.

(A) During the term of the Review Officer, the nomination,election and installation of Officers of the Council shall begoverned by Paragraph 5(k)(i)-(iv) of the Stipulation and Orderentered June 3, 2010 in the above-referenced case, theConstitution and Laws of the United Brotherhood, and in accordancewith the following provisions:

This election process and the democratic governance of the NYCDCC needs to be secured for the life of the council. This paragraph is

part and parcel of the UBC's insistence of indirect electionswhich must not be allowed. As I stated in Section 4 the NYCDCC is,

by virtue of its powers and functions that are traditionally thoseof local unions and by the fact that the local unions have been reduced to mere administrative arms of the NYCDCC, the NYCDCC in fact a local labor organization and must adhere to the same rulesunder the LMRDA as does a local labor organization.

(B) Candidates for President, Vice President, and Executive



Secretary-Treasurer shall be nominated and elected by secretballot vote of the membership directly. Candidates for Warden,Conductor and the three (3) trustees shall be nominated andelected by the

These are officer positions and must also be elected by the

membership. To allow otherwise would be in violation of the UBC constituion under nominations and elections and appointment in subordinate bodies Section 31 A, as well as the LMRDA.

Delegate Body. Candidates for all such offices must be workingwithin the bargaining unit represented by their Local Union, oremployed full time within the framework of the United Brotherhoodof Carpenters to be eligible.

(C) Council Delegates shall be elected in accordance with theConstitution of the United Brotherhood. Council Delegates shall beelected for a term of three (3) years.

(D) The Local Union shall notify the Executive Secretary-Treasurer, by certified mail, of the names of the electedDelegates before July 1st of each year. It is compulsory that theExecutive Secretary-Treasurer of the Council notify theseDelegates by mail that nominations and elections of the Councilofficers will be held at the regular Council meeting in August,unless some other time is established by the Review Officer,Court, or by agreement of the parties to the Stipulation and Orderentered June 3, 2010.

(E) The nomination, election, and installation of Officers of theCouncil shall be governed by the Constitution and Laws of theUnited Brotherhood, these Bylaws, and the Consent Decree, when not

ocurring during the term of the Review Officer.

DUTIES OF THE PRESIDENT

Section 8. It shall be the duty of the President to preside at allmeetings of the Council, enforce a due observance of theConstitution and Laws of the United Brotherhood, conduct the sameaccording to parliamentary rules and perform such other duties asdesignated by the body.

The office of president should be a paid position of the counciland should be an assistant to the EST as well as doing some of thejobs of the EST and for reasons explained infra.

DUTIES OF THE VICE PRESIDENT

Section 9. The Vice President shall assist the President in the performance of his or her duties and conduct meetings in his or her absence. The same rules are to govern as are applied to thePresident.

This position also should be a paid position of the council for



reasons explained infra.

DUTIES OF THE EXECUTIVE SECRETARY-TREASURER

Section 10.

(A) The Executive Secretary-Treasurer shall cause to be kept adetailed record of each Council Delegate Body meeting and a recordof all roll-call votes cast by Delegates in such meetings, keepall documents and correspondence, issue all calls for a specialmeeting, keep a record of all charges, trials, in accordance withthe District Council Charge and Trial Procedures, and fines, takecharge of the seal of the Council and affix same to all officialdocuments, sign all legal orders, keep a correct account betweenthe Council and the Local Unions, receive all monies paid to theCouncil and shall hold in his or her possession a sum of money notto exceed_________ for contingent expenses. He or she shall issuequarterly work cards to the affiliated Local Unions.

(B) The Executive Secretary-Treasurer shall, subject to thelimitations and necessary approvals contained within these bylaws,be responsible for the management and supervision of the fieldactivities, business office(s), and for conducting the dailybusiness of the Council. The Executive Secretary-Treasurer shallassume all of the duties of the Recording Secretary and Treasurer.

(C) All monies paid into the Council shall be deposited by theExecutive Secretary-Treasurer in the name of the Council in suchbank or banks as properly designated by the Executive Committee.

This should end with: after approval by the delegate body

(D) The Executive Secretary-Treasurer shall furnish each LocalUnion with a copy of the quarterly financial report of the Councilcertified by the proper auditing committee. This report shall besigned by the trustees of the Council.

(E) The Executive Secretary-Treasurer shall furnish to each LocalUnion a correct record of each meeting of the Council.(F) The Executive Secretary-Treasurer shall refer all bills to thetrustees for investigation, after which they shall be presented tothe Council for approval. In referring bills to the trustees, theExecutive Secretary-Treasurer shall provide a log including anyreceipts, invoices, bills of laiding, or other proof that the work

in question was performed or the item purchased was received. TheExecutive Secretary-Treasurer shall also provide the trustees witha summary report of all bills being referred and an explanation oftheir necessity. The trustees shall provide a summary of suchinformation to the Council Delegate Body along with arecommendation as to whether such bills should be approved. TheDistrict Council shall establish procedures for the implementationof this provision.

(G) The Executive Secretary-Treasurer is specifically authorized



to expend, in accordance with the procedures of these Bylaws,funds for any or all of the purposes and objects of the Council,subject to the necessary disclosures and approval by the DelegateBody.

(H) The Executive Secretary-Treasurer shall have the authority to

hire, fire or discipline all clerical or custodial employees andshall determine their duties, assignments, compensation, hours ofemployment and conditions. Provided, however, that the ExecutiveSecretary-Treasurer may not hire more clerical or custodialemployees than those allowed for by the table of organizationdevelopped by the Director of Human Resources. The ExecutiveSecretary-Treasurer shall have the authority to hire, fire ordiscipline Council representatives and organizers, subject to therecommendation of the Executive Committee and the approval of theCouncil Delegate Body. The foregoing hiring authority, both withrespect to clerical and custodial employees and Councilrepresentatives and organizers, shall be in accordance with theDistrict Council Personnel Policy.

(I) In accordance with the Bylaws, and subject to the DistrictCouncil Personnel Policy and the necessary approval of both theExecutive Committee and the Council Delegate Body, the ExecutiveSecretary Treasurer shall have the power and authority to appointand remove representatives for and on behalf of its Local Unionsto act as Trustees for all negotiatedEmployer/Union Trust Funds, including, but not limited to,annuity, health and welfare, pension, apprenticeship, labor-management cooperation committee, vacation savings and holidayplans. No such appointment shall be effective without the consentof both the Executive Committee and the Council Delegate Body. Inthe event that either the Executive Committee or the Council

Delegate Body withholds its consent to an appointment, theExecutive Secretary Treasurer must submit a new candidate to fillthe vacant position. In addition, the Executive Secretary-Treasurer has the power and authority to appoint and removerepresentatives on Joint Apprenticeship and Training Committees.Accordingly, all trust agreements and/or plan documents shall beamended by the authorized representatives of the Local Unions toreflect the forgoing appointment and removal process.

(J) The Executive Secretary-Treasurer, by virtue of election tohis or her office, shall automatically be deemed an electedDelegate from the Council to the conventions or meetings of the

United Brotherhood, State Building and Construction TradesCouncils Labor Federations, and any other organizations,conferences or meetings with which the Council may participate orbecome affiliated with. All necessary notice with respect to thisprovision shall be provided.

(K) The Executive Secretary-Treasurer shall serve as a trustee onany and all trust funds including, but not limited to, health andwelfare, pension, labor-management and joint apprenticeship andtraining funds.



(L) The Executive Secretary-Treasurer shall review with theExecutive Committee of the Council all minutes of any trust fundsmeetings with a copy of same to remain at the office of theCouncil.

(M) The Executive Secretary-Treasurer shall be assisted incarrying out his responsibilities and duties by a Director ofOperations and a Director of Organizing. The Director ofOperations shall assist the Executive Secretary-Treasurer insupervision of the day-to-day operations of theDistrict Council. The responsibilities of the Director ofOrganizing shall include, but not be limited to, managing fieldorganizers, communicating with parties regarding labor disputes,planning demonstrations, and communicating with Business Centersregarding potential organizing campaigns. The Executive Secretary-Treasurer shall recommend to the Executive Committee candidates tofill vacancies in the positions of Director of Operations andDirector of Organizing. If approved by the Executive Committee,

such recommendations shall be submitted to the Council DelegateBody for final approval. To the extent that the ExecutiveCommittee or Council Delegate Body withhold approval of anyrecommendation made by the Executive Secretary-Treasurer, theExecutive Secretary-Treasurer shall recommend additionalcandidates for consideration. During the period that the ConsentDecree, issued in United States v. District Council, et al., 90Civ. 5722, SDNY (RMB) is in effect, no proposed appointment of anindividual to the position of Director of Operations or Directorof Organizing may be finalized without the consent of the UnitedStates Attorney’s Office for the Southern District of New York.Additionally, during the tenure of the Review Officer appointedunder the June 3, 2010 Stipulation and Order in the above

captioned case, no proposed appointment of an individual to theposition of Director of Operations or Director of Organizing maybe finalized without the consent of the Review Officer.

(N) The Executive Secretary-Treasurer may also, when he deems itnecessary and subject to the approval of the Executive Committee,delegate in writing (such writing to contain a detaileddescription of the delegation and to have been submitted to theExecutive Committee prior to approval) any of his authority to aqualified District Council employee, officer, or delegate.Compensation for services rendered in this regard shall be subjectto approval of the Council Delegate Body.

Sections 10 M and 10 N give the EST too much sway over thedelegates through the “recommendations”. All recommendationsshould come from human resources.

Some of the duties of the EST should be split up between the EST the president and the vice president, but be ultimately responsible to the EST and of course the executive committee and



the delegate body.

DUTIES OF WARDEN AND CONDUCTOR

Section 11. The Warden shall take charge of the door at all

meetings of the Council and allow no one to enter except those whoare entitled to do so. The Conductor takes up the password at allmeetings.

EXECUTIVE COMMITTEE

Section 12.

(A) The Executive Committee shall be a subcommittee of theDelegate Body and shall consist of one member of each Local Unionnominated and elected by secret ballot of the membership directly,and the President, Vice-President and Executive Secretary-Treasurer.

(B) The Executive Committee, in consultation with the Council’sChief Accountant, Audit Committee, and Trustees, shall prepare anannual budget for the Council to be considered, voted upon andfinally approved by the Delegate Body.

(C) The Executive Committee shall review and make recommendationsto the Delegates on all major purchases in excess of One ThousandDollars and No Cents ($1,000.00), after soliciting and consideringat least three (3) proposals from vendors. In reviewing andrecommending any proposed purchase, the Executive Committee mustconsider the following factors, among others: the cost and qualityof the item as compared to other proposals received, any

warranties offered by the seller, the reputation and integrity ofthe seller, and any relationship(s) between the seller andDistrict Council employees, officers or delegates (which may be afactor warranting disqualification). In the event that the CouncilDelegate Body withholds its approval of a purchase, such purchasemust not go forward and the Executive Committee may recommendalternative purchases decisions.

(D) The Executive Committee shall develop a process for review andrecommendation, under a separate document, to the Delegates on allpersonnel decisions, including salaries, other than those relatingto clerical or custodial employees. In reviewing and recommending

any proposed personnel decision, the Executive Committee must begoverned by the District Council Personnel Policy. In the eventthat the Council Delegate Body withholds its approval of apersonnel decision, such personnel decision must not go forwardand the Executive Committee may recommend alternative personneldecisions.

(E) The Executive Committee shall make recommendations to theDelegates on the appointment of individuals to fill vacancies inthe positions of Inspector General, Deputy Inspector General,



Chief Compliance Officer, Deputy Chief Compliance Officer,Director ofHuman Resources, and Chief Accountant.

Is this saying that the executive committee is the only source of personnel recommendations ?

The Executive Committee shall also approve or rejectrecommendations by the Executive Secretary-Treasurer ofindividuals to fill vancancies in the positions of Director ofOperations and Director of Organizing. In considering candidatesfor any of these positions,

This has the potential for causing cronyism and corruption

the Executive Committee must be governed by the District CouncilPersonnelPolicy and should consider the proposed candidate’s training,ability, experience, reputation and integrity, and any

relationship(s) between the proposed candidate and DistrictCouncil employees, officers or delegates (which may

the word may should be changed to shall

be a factor warranting disqualification). Preferred qualificationsto be considered for candidates for the positions of InspectorGeneral, Deputy Inspector General, Chief Compliance Officer, andDeputy Chief Compliance Officer include, but are not limited to,licensed private investigator credentials, law enforcementexperience, legal experience,

I believe this is wrong, members of this union can be trained to

do these jobs, they would be far more familiar with the differentaspects of our trade then a PI or police officer.

internal labor union governance experience, and constructionindustry experience. Preferred qualifications to be considered forcandidates for the position of Chief Accountant include, but arenot limited to, experience as an independent auditor, certifiedpublic accountant, or chief accounting officer or chief financialofficer of a labor union or major corporation. Preferredqualitifications to be considered for candidates to the positionsof Director of Operations and Director of Organizing include, but

are not limited to, experience in the operations and management ofa labor union.

First of all these positions should be exclusive to members of locals in the jurisdiction of the NYCDCC. Secondly a member can betrained to do these jobs, to limit these jobs to having to have“experience in the operations and management of a labor union” limits them to a small select few that are left in the NYCDCC.



(F) The Executive Commitee shall make recommendations to theCouncil Delegate Body regarding the hiring, firing or disciplineof Council representatives and organizers.

(G) The Executive Committee shall have the authority to providerelevant information

Insert: after approval from the delegate body

to the public and the membership regarding the District Councilincluding the publishing of The Carpenter and maintenance of theDistrict Council website. When presenting information to thepublic and the membership, the Executive Committee shall endeavorto provide information reflecting the relevant positions andpoints of view.

(H) The Executive Committee shall have the primary responsibilityfor drafting, and recommending to the Council Delegate Body forapproval, the overall organizing plan of the Council, which shall

include, but not be limited to, information regarding industrytargets, developments in ongoing programs, obstacles faced and theinvolvement of volunteer organizing committees with organizers injobsite actions. In the event that the Council Delegate Bodywithholds its approval of the overall organizing plan proposed bythe Executive Committee, the Executive Committee must present arevised plan for the Council Delegate Body’s furtherconsideration. No such plan will be effective until approved bythe Council Delegate Body.

(I) The Executive Committee shall have the primary responsibilityfor negotiating, and recommending to the Council Delegate Body forapproval, all Collective Bargaining Agreements.

This is a point that is extremely important. Including the membership in this is paramount to strengthening membership involvement, and to democratic ideals. Members at local union

meetings prior to negotiations should be asked by their prospective executive committee persons what they would like to see in the contracts. After and or during negotiations thedelegates should be informed by the negotiating committee of any and all offers and counter offers in the negotiations. Thedelegates should then bring this information to the membership ata regularly scheduled or special called meeting with notice of said contract talks. The members at these meeting should beinformed of the information and be allowed to debate said issues.

After debate the members should be allowed to direct the executivecommittee member and the delegates as to how they want them to vote for them, or, and preferably there should be a membership ratification of all agreements.

(J) All changes or proposed changes to the By-Laws or Trade Rulesof this Council or any of the Local Unions affiliated therewithshall be first referred to the Executive Committee forconsideration and recommendation pending final approval by the



Delegate Body. Furthermore, in accordance with Section 11B of theConstitution of the United Brotherhood the same must be submittedto the General Vice-President for approval. Provided further, allchanges or proposed changes to the By-Laws or Trade Rules of theDistrict Council must be made in accordance with the ConsentDecree and any other order entered in United States v. District

Council, et al., 90 Civ.5722.

(K) The Executive Committee shall develop and preside over auniform system of shop steward review including guidelines fordisciplinary measures when necessary, as set forth in a separatedocument, which shall be adopted by the Delegate Body. TheExecutive Committee shall establish such necessary criteria to beable to function properly and is authorized to suspend a shopsteward’s skill indefinitely, subject to appeals to the ExecutiveSecretary-Treasurer.

I was under the impression that this was already in place, under

the IG’s office the Compliance office and the Trail Committee.

The Executive Committee shall regularly review the DistrictCouncil’s referral records in order to satisfactorily determinethat job referrals and the appointment of stewards are beingconducted fairly and properly in accordance with the job referralrules and shall report in writing their findings to the Delegates.

What is in place to stop corruption by the executive committee of the job referral system? The IG, Compliance officer?This system of checks must be redundant.

(L) The Executive Committee shall submit a written report on

Council operations, financial condition, and other relevantmatters to the Delegate Body at each meeting of the CouncilDelegate Body.

TRUSTEES, FINANCIAL CONROLS AND REPORTING, AND AUDITING

Section 13.

(A)The Trustees shall supervise all funds and properties of theCouncil subject to such oversight and instructions from theExecutive Committee and the Council Delegate Body, and the AuditCommittee, as they may receive from time to time. The title to all

property of theCouncil shall be held in the name of the Trustees of the Counciland/or their successors in office.The Trustees shall audit all books and accounts of the ExecutiveSecretary-Treasurer at least monthly and report their findings tothe Council Delegate Body and perform such other duties as theCouncil may require. The Trustees shall, with the assistance ofthe Chief Accountant, audit all receipts and accounts of any otherperson authorized to collect funds. The Council shall engage



(an out sideindependent) Should be inserted here

certified or registered public accountant for periodic audits, butnot less than once a year, and such audits shall be examined bythe Trustees for comparison with the Trustees'audit who shallreport their conclusions in writing to the Council Delegate Body.

The Trustees of the District Council and their representativesshall have access to all records of the District Council necessaryto complete their duties in a full, complete and satisfactorymanner. All trustees shall be required to satisfactorily completea training program provided for by the United Brotherhood.

Why by the United Brotherhood?

The District Council shall develop policies and procedures for theTrustees, which shall be subject to the approval of the UnitedStates Attorney’s Office for the Southern District of New York andthe Review Officer appointed under the June 3, 2010 Stipulationand Order in United States v. District Council, et al., 90 Civ.

5722, SDNY (RMB), and set forth in a separate document. If theDistrict Council does not submit such policies and procedures tothe Review Officer for approval by March 15, 2012, the ReviewOfficer may draft such policies and procedures for approval by theUnited States Attorney’s Office for the Southern District of NewYork. The Trustees must conduct their duties in accordance withthose policies and procedures, and may not modify them without theprior approval of the United States Attorney’s Office for theSouthern District of New York and, during the Review Officer’stenure, the Review Officer.

(B) The District Council shall establish an Accounting Department,headed by a Chief Accounant. The Accounting Department shall

assist the Trustees, Officers and Delegates in implementingfinancial controls and reporting mechanisms, and managing thefinancial operations of the District Council. The District Councilshall develop policies and procedures for the Chief Accountant,which shall be subject to the approval of the United StatesAttorney’s Office for the Southern District of New York and theReview Officer appointed under the June 3, 2010 Stipulation andOrder in United States v. District Council, et al., 90 Civ. 5722,SDNY (RMB), and set forth in a separate document. If the DistrictCouncil does not submit such policies and procedures to the ReviewOfficer for approval by March 15, 2012, the Review Officer maydraft such policies and procedures for approval by the United

States Attorney’s Office for the Southern District of New York.The Chief Accountant must conduct his duties in accordance withthose policies and procedures, and may not modify them without theprior approval of United States Attorney’s Office for the SouthernDistrict of New York and, during the Review Officer’s tenure, theReview Officer.

(C) The Council Delegate Body shall appoint an individual to fillany vacancies in the positions of Chief Accountant. During theperiod that the Consent Decree, issued in United States v.



District Council, et al., 90 Civ. 5722, SDNY (RMB) is in effect,no proposed appointment of an individual to the position of ChiefAccountant may be finalized without the consent of the UnitedStates Attorney’s Office for the Southern District of New York.Additionally, during the tenure of the Review Officer appointedunder the June 3, 2010 Stipulation and Order in the above

captioned case, no proposed appointment of an individual to theposition of Chief Accountant may be finalized without the consentof the Review Officer.

WORKING DUES (DUES CHECK-OFF);SPECIAL ASSESSMENTS AND PER CAPITA TAX

Section 14.

(A) The Council shall receive working dues in the amount of 1% ofthe members total package rate as reflected in the currentcollective bargaining agreement covering members for each hourworked. The Council shall also receive working dues from each

member of $.60 per hour for each hour worked. This $.60 will beallocated to Organizing in the amount of $.50 an hour, $.05 forCommunications and $.05 for Civic Action. The working dues to thisCouncil shall be due on the first day of the month and must bepaid not later than the 15th day of the following month. TheCouncil shall also receive working dues of $500 per year fromevery carpenter who has performed carpentry work for a signatorycontractor in our jurisdiction during the calendar year. This $500working dues to this Council shall be due on the first day of themonth following the first day of work performed in ourjurisdiction each year and must be paid not later than April 15thof the following year,

This money comes out of the Vacation Fund, what happens when a member from a different jurisdiction works for only a couple of days in our area. Where does the $500 come from then and how is itcollected?

provided however, that any member who shall have satisfied his orher Union Participation requirement for the applicable year,pursuant to Section 14(F) of the Bylaws, will receive credit forthis $500 working dues requirement.

(B) In case of a deficit in the funds of the Council, as

determined by the Executive Committee in consultation with theDistrict Council Accounting Department, the Council may levy aspecial assessment on each Local Union based on the number ofmembers in the Local. The Council Delegate Body must give 30 dayswritten notice to the Delegates and the principal office of eachLocal Union prior to such special assessment and shall require amajority vote by secret ballot

There should be no secret ballot votes by the delegates or theexecutive committee all voting for all issues should have records



kept and voting should be done by an electronic voting system thatrecords how eachdelegate votes and records of the voting should be

made available and known to the membership so they know how their delegates voted. There has been a lack of transparency for far too long in this union and it must end.

of the Council Delegate Body at a Special Convention to adopt thisspecial assessment which must be approved by the General Vice-President of the United Brotherhood. No such assessment may beimplemented without the Council Delegate Body’s approval, and theExecutive Secretary-Treasurer shall notify all Local Unions thatsaid assessment must be paid within 30 days from the time of finalapproval. The Council Delegate Body may establish monthly dues orincrease working dues payable to the Council by a majority vote ofthe Delegates voting at a Special Convention of the Council

Again a clear violation of the LMRDA Section 3(a)(29 U.S.C. 411)

held upon not less than 30 days' written notice to the principal

office of each Local Union.

(C) If a member who owes working dues fails to pay them asprovided by theseBylaws, such working dues shall be charged to the member by noticein writing that same must be paid within 30 days to entitle themember to any privilege, rights or donations. If the member doesnot make payment of arrears within the time prescribed, the membershall not be in good standing and he or she shall be notified inwriting that unless the amount owing is paid within 30 daysthereafter his or her name shall be stricken from membership.Notices shall be sent to the last known address of the memberreported by the member to the Local Union.

(D) For any quarter in which less than 90% of a Local Union'smembership have not signed authorization cards providing thatworking dues will be paid to the Council, a per capita tax shallbe payable by such Local Union to the Council based on the numberof non-participating members.

Is this the Blue card issue? If so has it been fixed?

(E) The Council may impose a per capita tax on each Local in theamount of $11 per member. The Council may increase the amount ofthe per capita tax by majority vote of the delegates voting at a

special convention held by the Council upon not less than thirtydays’ written notice to the principal office of each Local Union.

30 days may not be enough time to allow the delegates to go to their prospective locals and find out how their members feel on this issue. The time should be set at 45 days.(F) Pursuant to a Stipulation and Order entered into between theDistrict Council and the United States, dates August 31, 2001, itshall be mandatory that each active member perform at least 1 dayor 7 hours of union activity (picketing, etc.) per calendar year



when called upon by the New York City District Council ofCarpenters.

This should include members voluntarily doing their activity, so that a member can get it done at a time when he/she will not losework time, as has been allowed in the past. This also helps us put

hours into the funds which is critical.

The District Council shall call upon members to perform suchactivity on a fair and equitable basis.

MONTHLY DUES

Section 15.

(A) The monthly dues payable to the Local Unions in this Councilshall be established by the Local Unions and must be adequate toenable the Local Unions to operate efficiently in the bestinterests of its membership. The Audit Committee shall anually

review the amount of dues levied by each local to ensure boththeir adequacy and reasonablness, and shall report on thosesubjects to the Delegate Body.

(B) Monthly dues payable by the members to the Local Unions shallnot be increased except upon the approval by majority vote bysecret ballot of the members in good standing voting at a generalor special membership meeting after reasonable notice or bymajority vote of the members in good standing in a membershipreferendum conducted by secret ballot. In addition, monthly duespayable to Local Unions must be approved by the Council.

(C) Each Local Union shall furnish the Council with a correct

monthly report of all members as indicated by the Internationalper capita sheet.

COUNCIL REPRESENTATION

Section 16.

(A) Each Local Union shall elect a Delegate or Delegates to theCouncil Delegate Body in accordance with the Constitution and Lawsof the United Brotherhood governing nomination and elections insubordinate bodies. The ratio of representation from each LocalUnion to the Council Delegate Body shall be as follows: one (1)

Delegate for every two hundred (200) members. Provided however,that no Local Union may have more than twenty (20) delegates. Nomore than Fifty Percent (50%) of the delegates representing anyLocal Union may be employees of the District Council. Noindividual employed by the District Council on the day thesebylaws go into effect shall be included in the calculation of theFifty Percent (50%) limit referred to in the prior sentence,unless the individual’s employment byDistrict Council is terminated.



There is inadequate means to insure the delegates who are paid employees of the council won’t be influenced by the officers by threats to their livelihoods and furthermore there is inadequate

means to ensure that, “recommendations” for jobs won’t be used for the purpose of influencing the voting as well. We’ve had enough of rubber stamp delegate voting already. This is the time to put an

end to it. No council employee should be allowed to hold delegate positions unless there is, a fool proof way, to be sure thatrubber stamp syndrome is, an impossibility .

(B) Each Local Union shall submit the correct number of members ontheir rolls from month to month on and after the first meeting ofeach month.The Executive Secretary-Treasurer shall notify each Local Union bymail, no later than April 15th of the year of each generalelection of Local Union Delegates to this Council, the correctnumber of Delegates each Local Union is entitled to have elected.

DELINQUENT LOCAL UNIONS

Section 17. A Local Union owing per capita tax for two months andthe same not being paid by the end of the third month, such LocalUnion Delegates shall not have a vote or voice in the Council.When a Local Union owes a sum equal to three (3) months per capitatax to the Council, its Delegates will not be entitled to a seatin that body nor shall the members of the delinquent Local Unionbe entitled to the work card of the Council.

I’ve never understood why an individual member who has paid his/her dues is placed in this jeopardy.

DELEGATE CREDENTIALS

Section 18. Recording Secretaries of Local Unions must forwardcredentials of Delegate or Delegates from their Local Union to theCouncil properly signed by the President and Recording Secretarywith the seal of the Local Union affixed. They shall be referredto the Executive Committee who shall investigate the same andreport their findings to the Council with recommendation thereof.

DELEGATES ATTENDING MEETINGS

Section 19. Any Delegate to this Council failing to attend its

meetings shall upon the third (3rd) offense, provided they aresuccessive and no reasonable excuse is presented and accepted by amajority vote of the Council Delegate Body, stand suspended andhis Local Union shall be so notified.

COLLECTIVE BARGAINING

Section 20. Following recommendation by the Executive Committee,the Council Delegate Body shall have the exclusive power andauthority to ratify and execute Collective Bargaining Agreements



for and on behalf of its affiliated Local Unions, except to theextent the International Union exercises its jurisdiction orauthority.

Again members must ratify all contract agreements as already discussed infra.

The District Council Delegate Body shall adopt rules andprocedures governing the method of collective bargainingratification.

Rules and procedures must follow federal and state statutes.(LMRDA)

TRUST FUNDS

Section 21. All allocations from negotiated total wage amounts toannuity, health and welfare, pension, funds sponsored by theInternational, apprenticeship, labor-management cooperation

committees, vacation savings, and holiday plans, shall bedetermined by the Council Delegate Body.

MEETING NIGHTS

Section 22.

(A) The regular meetings of the Council Delegate Body shall beheld at least bimonthly. Special meetings may be called by thePresident and Executive Secretary-Treasurer upon written requestof the Local Unions and the nature of the business shall be statedand no other business shall be transacted except that for whichthe meeting is called. The Executive Secretary-

Treasurer shall notify each Council Delegate of such specialmeeting a reasonable amount of time in advance, not less than ten(10) days of its appointed time.

(B) Prior to a regular or special called meeting of the CouncilDelegate Body, subject to reasonable precautions with respect toconfidential and/or privileged information, the Council shallprovide to each delegate reasonably in advance of each meeting, acopy of each of the following:

How far in advance will the delegates get this information and what determines confidential, privileged information, and how doesthis help transparency? Delegates should have information far enough in advance as to give them the opportunity to be prepared for the meeting.1.prior meeting minutes for approval;2.bills and expenditures for approval;3.results of disciplinary proceedings;4.



the Organizing Report, Membership Retention Report, Political andLegislative Report, and Financial Report, as provided for in theBylaws;and5.supporting materials, if practical, for other items on the meeting

agenda.

Too open to interpretation, define practical.

(C)The Council must provide certain reports to the Delegates at everyregular meeting:1.Organizing Report: The Director of Organizing for the Councilshall report to the Delegates on organizing activities within theCouncil including, but not limiting his report to, industrytargets, developments in ongoing programs, obstacles faced and theinvolvement of volunteer organizing committees with organizers in

jobsite actions and housecalling. The report shall includespecific targets, the specific number of job site actions and thespecific number of housecalls made to nonunion carpenters sincethe last report, the names of any contractors signed and thenumber of members brought in with that contractor.2.Membership Retention Report: The senior business agent, or aservice representative appointed by the Executive Secretary-Treasurer, shall report to the Delegates on membership retentionefforts. The report, based on the Ultra Growth and RetentionReport, will include, but is not limited to, the current number ofmembers, the number of members initiated, on withdrawal, ortransferred since the last report, and specifically the number of

members brought in through organizing activities. For membersleaving the Brotherhood, the report should include an overview ofthe reasons as well as all efforts at membership contact,including contacts to encourage membership participation, andcontact to members in arrears or on withdrawal to encourage theircontinued membership.

Perhaps there should be a membership assistance programfor membersfacing hard times, especially due to unemployment that may not beable to afford to pay dues at the moment.

3.

Political and Legislative Report: The Council political directorshall report to the Delegates on political organizing andlegislative activities within the Council including, but notlimiting his report to, political organizing activities, currentlegislation on the Federal, State and Local levels, and theinvolvement of volunteer organizing committees in the overallCouncil political program. When appropriate the presentation willinclude, political campaign activities, membership voterregistration, membership voter education programs, and reports ofcontacts with government officials.



4.Financial Report: The Chief Accountant shall report to theDelegates on the District Council’s expenses and revenue.

(D) If the Council Delegate Body determines by a majority vote of

its members that the reports listed above are not sufficient toinform the Council Delegate Body about activities, membership, orfinances of the Council and its local unions, the Council DelegateBody may make a request for additional information to theExecutive Committee and/or the Officers specifying the additionalinformation that is necessary for the Council Delegate Body toobtain. Such requests shall be complied with within fourteen (14)days. The reports described herein shall be made available to thedelegates for review at the District Council no later than five(5) days before the Delegate Body meeting.

Members present

ANNUAL AUDIT

Section 23. The Fiscal year for this Council shall be July 1st toJune 30th. All accounts shall be audited and a complete financialreport for the fiscal year shall be submitted by the AuditCommittee to the Executive Committee and Delegate Body for reviewand comment, no later than ninety days following the close of thefiscal year.

OFFICERS BOND

Section 24. Every officer, agent or employee of the Council whohandles funds and property thereof shall be bonded through the

General Office for the faithful discharge of their duties.

CHARGES AND TRIALS

Section 25. The exclusive disciplinary procedures for members ofthe District Council are provided for in the District Council’sCharge and Trial Procedures, effective September 7, 2010, andsupplemented by the Review Officer on September 22, 2010. SaidCharge and Trial Procedures shall remain in full force and effect.The District Council shall ensure that sufficient funding isprovided each year so that the District Council’s Charge and TrialProcedures are continued and maintained in full force and effect.

During the tenure of the Review Officer appointed under the June3, 2010 Stipulation and Order in United States v. DistrictCouncil, et al., 90 Civ. 5722, SDNY (RMB), the term of the membersof the Trial Committee shall be eighteen (18) months. After theexpiration of the term of the Review Officer, the term of theTrial Committee members shall be twelve (12) months. The membersof the Trial Committee shall be elected by secret ballot vote byeach Local Union. There shall be an equal number of TrialCommittee members from each Local Union of the District Council.



What about training for the trial committee members?

RECORDS RETENTION

Section 26. The District Council has established, and shallcontinue to maintain in full force and effect, the District

Council’s Records Retention Schedule, as set forth in a separatedocument. Provided further, that the District Council shall ensurethat sufficient funding is provided each year so that the DistrictCouncil’s Records Retention Schedule is continued and maintainedin full force and effect.

Is this schedule available to viewing by the membership?

INSPECTOR GENERAL

Section 27.

(A) The District Council has established, and shall continue to

maintain in full force and effect, an Office of the InspectorGeneral. The District Council shall ensure that sufficient fundingis provided so that the District Council’s Office of InspectorGeneral is continued and maintained in full force and effect. TheDistrict Council shall employ an Inspector General and a DeputyInspector General, who shall not hold another employment positionwith, or be an officer, delegate or steward of, the DistrictCouncil, except as otherwise provided. Neither the InspectorGeneral nor Deputy Inspector General may serve as the ChiefCompliance Officer simultaneously.

Explain this I could find no provisions to this.

(B) The Council Delegate Body shall appoint individuals to fillvacancies in the positions of Inspector General and DeputyInspector General. During the period that the Consent Decree,issued in United States v. District Council, et al., 90 Civ. 5722,SDNY (RMB) is in effect, no proposed appointment of individuals tothe positions of Inspector General and DeputyInspector General may be finalized without the consent of theUnited States Attorney’s Office for the Southern District of NewYork. Additionally, during the tenure of the Review Officerappointed under the June 3, 2010 Stipulation and Order in theabove captioned case, no proposed appointment of individuals tothe positions of Inspector General and Deputy Inspector General

may be finalized without the consent of the Review Officer.

The term during the Consent Decree gives me cause for alarm. Isthis giving the idea that if the Consent Decree is declare by theCourt over, all bets are off and we’re back to business as usual? The Consent Decree at 12 (future Practices) page 17, states;

“The parties intend the provisions herein to govern the District

Council’s practices in the area affected by this Consent Decree,

now and in the future”.



I interpret this to mean the objectives of the Consent Decree in reference to the NYCDCC’s governance are binding and unending even after the Consent Decree is declared over.

(C) The Inspector General and/or Deputy Inspector General may beterminated by the District Council only for good cause. “Goodcause” means significant and reliable evidence that the InspectorGeneral or Deputy Inspector General has substantially failed tofulfill the requirements of the position, as set forth herein andin the policies and procedures promulgated pursuant to Section27(E)(11) below, in which he or she serves. Prior to terminationof the Inspector General or Deputy Inspector General, during theperiod that the Consent Decree, issued in United States v.District Council, et al., 90 Civ. 5722, SDNY (RMB) is in effect,the District Council must give reasonable, written notice of, andthe reasons for, the proposed termination to the United StatesAttorney’s Office for the Southern District of New York.

Additionally, during the tenure of the Review Officer appointedunder the June 3, 2010 Stipulation and Order in the abovecaptioned case, the District Council must give reasonable writtennotice of, and the reasons for, the proposed termination to theReview Officer. No such proposed termination may be finalized if,upon receiving notice as required by this section, either theReview Officer or the United States Attorney’s Office for theSouthern District of New York, objects.

(D) The Inspector General shall oversee a staff of investigatorsand clerical personnel in the Office of the Inspector General. TheInspector General shall be the senior executive official of theOffice of Inspector General, and shall have overall responsibility

for the daily operations of the Office of the Inspector General.The Inspector General may also serve as the Deputy ChiefCompliance Officer.

Is the IG compensated for both positions and who determines whenthis might occur that he/she is to hold these two positions?

The Inspector General’s jurisdiction shall extend to the DistrictCouncil, and its affiliated local unions, and its and theirdepartments, internal operations, field operations, employees, andmembership. The District Council’s Chief Accountant shall reportto the Inspector General as requested. The Inspector General or

his or her designee(s) under the Inspector General’s authorityshall have the same authority as a Council Representative orOrganizer of the District Council.Shouldn’t the IG have superior authority than these positions?

The Inspector General shall shall have access to all DistrictCouncil records and Benefit Funds records in the custody andcontrol of the District Council.

(E) The Office of the Inspector General shall have the following



duties and responsibilities, including but not limited to:

1.except as otherwise provided for under the Stipulation and Order,authority to investigate allegations of corruption or misconduct,noncompliant or otherwise, engaged in by, or pertaining to, the

District Council, and its affiliated local unions, and members,and take all necessary remedial action when and if corruption ormisconduct has been determined, including, but not limited to,reporting such conduct to the appropriate authorities;2.assist the District Council in compliance with the requirements oftheConsent Decree, and Stipulation and Order, entered in UnitedStates v.District Council, et al., 90 Civ. 5722, SDNY (RMB);3.serve as liaison with the Review Officer, appointed pursuant tothe

Stipulation and Order, including responding to requests forinformation from the Review Officer; communicating with themembership regarding the Review Officer; conducting investigationsreferred to the DistrictCouncil by the Review Officer; and, reporting to the ReviewOfficer as requested;4.develop investigative procedures and guidelines, which mayinclude, but not be limited to, conducting investigativeinterviews of members, including delegates and officers, andemployees of the District Council, and affiliated local unions,and, obtaining access to jobsites where work is performed pursuantto District Council collective bargaining agreement(s);

5. identify risks and vulnerabilities to corruption, misconduct,noncompliant or otherwise, and/or unethical conduct, in theDistrict Council’s and Local Unions’ operations, and identifyeffective solutions;6.assist in ensuring that the District Council has in place andadministersprogram(s) and/or policies to ensure compliance with theStipulation andOrder, and Consent Decree, entered in United States v. DistrictCouncil, et al., 90 Civ. 5722, SDNY (RMB);7.

assist in the development, implementation, and enforcement of aneffectivecompliance and ethics program;8.establish a procedure so that anyone having information regardingallegations of illegal, including noncompliant, or unethical,conduct or corruption by or pertaining to the District Council,including affiliatedLocal Unions, and/or members and/or employees, may report suchconduct to the Inspector General in confidence, without fear of



retaliation or adverse action, and without revealing who they are,if they so choose;9.with the assistance of the District Council Advocate, bringdisciplinary charges pursuant to the District Council’s Charge andTrial Procedures;

10.shall report on a regular basis to the District Council ExecutiveCommitteewith respect to the efforts of the Office of the Inspector Generalin fulfilling its mission. The Inspector General may also reportto the District Council Delegate Body, upon request of either theDistrict Council Delegate Body or at the Inspector General’s owndiscretion. Provided further, that when circumstances warrant, andin the discretion of the Inspector General, reports may be madedirectly to the District Vice President, Eastern District, orGeneral President, of the United Brotherhood of Carpenters andJoiners of America;11.

the Inspector General shall develop policies and procedures forthe Officeof the Inspector General, including a description of the scope ofthe Officeof Inspector General and the District Council Advocate, theirduties, and the means and methods by which they will carry outthose duties. Suchpractices and procedures shall be subject to the approval of theUnited States Attorney’s Office for the Southern District of NewYork and the Review Officer appointed under the June 3, 2010Stipulation and Order in United States v. District Council, etal., 90 Civ. 5722, SDNY (RMB), and set forth in a separatedocument. If the Inspector General does not submit such policies

and procedures to the Review Officer for approval by March 15,2012, the Review Officer may draft such policies and proceduresforapproval by the United States Attorney’s Office for the SouthernDistrict of New York. The Inspector General, the Deputy InspectorGeneral, and theirsubordinates must conduct their duties in accordance with thosepolicies and procedures, and may not modify them without the priorapproval of theUnited States Attorney’s Office for the Southern District of NewYork and,during the Review Officer’s tenure, the Review Officer.

CHIEF COMPLIANCE OFFICER

Section 28.The District Council has established, and shall continue tomaintain in full force and effect, the position of ChiefCompliance Officer. The District Council shall ensure thatsufficient funding is provided each year so that the DistrictCouncil’s Chief Compliance Officer position and function iscontinued and maintained in full force and effect.



(A) The District Council shall employ a Chief Compliance Officerand Deputy Chief Compliance Officer, who shall not hold anotheremployment position with, or be an officer, delegate or stewardof, the District Council.

(B) The Council Delegate Body shall appoint individuals to thepositions of Chief Compliance Officer and Deputy Chief ComplianceOfficer. During the period that the Consent Decree, issued inUnited States v. District Council, et al., 90 Civ. 5722, SDNY(RMB) is in effect, no proposed appointment of individuals to thepositions of Chief Compliance Officer and Deputy Chief ComplianceOfficer may be finalized without the consent of the United StatesAttorney’s Office for the Southern District of New York.Additionally, during the tenure of the Review Officer appointedunder the June 3, 2010 Stipulation and Order in the abovecaptioned case, no proposed appointment of individuals to thepositions of Chief Compliance Officer and Deputy Chief ComplianceOfficer may be finalized without the consent of the Review

Officer.

(C) The Chief Compliance Officer shall develop policies andprocedures for the Office of the Chief Compliance Officer,including a description of the scope of the positions of ChiefCompliance Officer and Deputy Chief Compliance Officer, theirduties, and the means and methods by which they will carry outthose duties. Such practices and procedures shall be subject tothe approval of the United States Attorney’s Office for theSouthern District of New York and the Review Officer appointedunder the June 3, 2010 Stipulation and Order in United States v.District Council, et al., 90 Civ. 5722, SDNY (RMB), and set forthin a separate document. If the

Chief Compliance Officer does not submit such policies andprocedures to the Review Officer for approval by March 15, 2012,the Review Officer may draft such policies and procedures forapproval by the United States Attorney’s Office for the SouthernDistrict of New York. The ChiefCompliance Officer and Deputy Chief Compliance Officer mustconduct their duties in accordance with those policies andprocedures, and may not modify them without the prior approval ofUnited States Attorney’s Office for the Southern District of NewYork and, during the Review Officer’s tenure, the Review Officer.

(D) The Chief Compliance Officer, assisted as necessary by the

Deputy ChiefCompliance Officer who may be the Inspector General, isresponsibile for ensuring that the District Council develops,implements, and operates an effective compliance and ethicsprogram consistent with Section 8 of the Federal SentencingGuidelines, such that the District Council shall:

1.exercise due diligence to prevent and detect noncompliant conduct;and



2.otherwise promote an organizational culture that encouragesethical conduct and a commitment to compliance with the law.

(E) The Chief Compliance Officer shall ensure that the DistrictCouncil’s efforts at due diligence and the promotion of an

organizational culture that encourages ethical conduct and acommitment to compliance with the law, within the meaning ofSection 8 of the Federal Sentencing Guidelines, include that:

1.the District Council shall establish standards and procedures toprevent and detect noncompliant conduct;2.the District Council’s governing authority shall be knowledgeableabout the content and operation of the compliance and ethicsprogram and shall exercise reasonable oversight with respect tothe implementation and effectiveness of the compliance and ethicsprogram;

3.high-level personnel of the District Council shall ensure that theDistrictCouncil has an effective compliance and ethics program;4.specific individual(s) within the District Council shall bedelegated day-today operational responsibility for implementingthe compliance and ethics program;

Who are these “specific people” this is vague and ambiguous?

5.the District Council shall use reasonable efforts not to include

within the personnel of the District Council any individual whomthe District Council knew, or should have known through theexercise of due diligence, has engaged in illegal activities orother conduct inconsistent with an effective compliance and ethicsprogram;6.the District Council shall take reasonable steps to communicateperiodically and in a practical manner its standards andprocedures, and other aspects of the compliance and ethicsprogram, by conducting effective training programs and otherwisedisseminating information appropriate to the respective roles andresponsibilities of necessary personnel;

The word “reasonable” leaves this open to interpretation and should be changed or removed altogether.7.the District Council shall take reasonable steps— (A) to ensure that the District Council's compliance and ethicsprogram is followed, including monitoring and auditing to detectnoncompliant conduct;(B) to evaluate periodically the effectiveness of the DistrictCouncil's compliance and ethics program, and the level of



compliance with the compliance and ethics program by DistrictCouncil employees and officers; and(C) to ensure that the District Council has and publicizes asystem, which may include mechanisms that allow for anonymity orconfidentiality, whereby the District Council's employees,members, and others may report or seek

guidance regarding potential or actual noncompliant conductwithout fear of retaliation;8.the District Council's compliance and ethics program shall bepromoted andenforced consistently throughout the District Council through:

(A) appropriate incentives to perform in accordance with thecompliance and ethics program; and

Explain this is this disciplinary action or reward?

(B) appropriate disciplinary measures for engaging in noncompliant

conduct and for failing to take reasonable steps to prevent ordetect noncompliant conduct;

9.after noncompliant conduct has been detected, the District Councilshall take reasonable steps to respond appropriately to thenoncompliant conduct and to prevent further similar noncompliantconduct, including making any necessary modifications to theorganization's compliance and ethics program;10.the District Council shall periodically assess the risk ofnoncompliant conduct and shall take appropriate steps to design,

implement, or modify the compliance and ethics program to reducethe risk of noncompliant conduct identified through this process.

(F) The Chief Compliance Officer, or his designee, shall sit onany District Council, or affiliated Local Union, Committee withvoice but no vote.The Chief Compliance Officer and Deputy Chief Compliance Officermay also receive complaints regarding misconduct involving theDistrict Council.

On what types of issues are they given a voice?

(G) The Chief Compliance Officer shall report on a regular basisto the District Council Executive Committee with respect to theefforts of the Chief Compliance Officer in fulfilling the missionof the position. Also, the Chief Compliance Officer shall reportquarterly to the DistrictCouncil Delegate Body, and may report more frequently upon requestof either the District Council Delegate Body or at the ChiefCompliance Officer’s own discretion. The Chief Compliance Officershall report on the effectiveness of the compliance and ethicsprogram in general, and the fulfillment of the Chief Compliance



Officer’s responsibilities, in particular. Provided further, thatwhen circumstances warrant, and in the discretion of the ChiefCompliance Officer, reports may be made directly to the DistrictVice President, Eastern District, or General President, of theUnited Brotherhood of Carpenters and Joiners of America.

(H) The Chief Compliance Officer or Deputy Chief ComplianceOfficer may be terminated by the District Council only for goodcause. “Good cause” means significant and reliable evidence thatthe Chief Compliance Officer or Deputy Chief Compliance Officerhas substantially failed to fulfill the requirements of theposition in which he or she serves, as set forth herein and in theprocedures promulgated pursuant to Section 28(C) above. Prior totermination of the Chief Compliance Officer or Deputy ChiefCompliance Officer, during the period that the Consent Decree,issued in United States v. District Council, et al., 90 Civ. 5722,SDNY (RMB) is in effect, the District Council must givereasonable, written notice of, and the reasons for, the proposedtermination to the United States Attorney’s Office for the

Southern District of New York. Additionally, during the tenure ofthe Review Officer appointed under the June 3, 2010 Stipulationand Order in the captioned case, the District Council must givereasonable written notice of, and the reasons for, the proposedtermination to the Review Officer. No such proposed terminationmay be finalized if, upon receiving notice as required by thissection, either the Review Officer or the United States Attorney’sOffice for the Southern District of New York, objects. The ChiefCompliance Officer shall take charge of all the ballots cast inany election of the Council and shall preserve said ballots andother records relating to the election for a period of one yearafter the election date.

DIRECTOR OF HUMAN RESOURCES

Section 29.

(A) The District Council has established, and shall continue tomaintain in full force and effect, the position of Director ofHuman Resources. The District Council shall ensure that sufficientfunding is provided each year so that the District Council’sDirector of Human Resources position and function is continued andmaintained in full force and effect.(B) The Council Delegate Body shall appoint an individual to fillany vacancies in the positions of Director of Human Resources.

During the period that the Consent Decree, issued in United Statesv. District Council, et al., 90 Civ. 5722, SDNY (RMB) is ineffect, no proposed appointment of an individual to the positionsof Director of Human Resources may be finalized without theconsent of the United States Attorney’s Office for the SouthernDistrict of New York. Additionally, during the tenure of theReview Officer appointed under the June 3, 2010 Stipulation andOrder in the above captioned case, no proposed appointment of anindividual to the position of Director of Human Resources may befinalized without the consent of the Review Officer.



(C) The Director of Human Resources shall have responsibility forimplementing, maintaining, and ensuring compliance with theDistrict Council Personnel Policy, and a document retentionprogram, and also assisting in providing training for, anddissemination of, an effective compliance and ethics program. TheDirector of Human Resources many not change the provisions of the

District Council Personnel Policy without the approval of theUnited States Attorney’s Office for the Southern District of NewYork and, during the tenure of the Review Officer appointed underthe June 3, 2010 Stipulation and Order in United States v.District Council, et al., 90 Civ. 5722, SDNY (RMB), the ReviewOfficer. At his or her discretion, the Director of Human Resourcesmay bring issues related to the position to the attention of theDistrict Vice President.(D) The responsibilities and duties of the Director of HumanResources shall also include, but not be limited to, thefollowing:1.develop and present for annual approval by the Council Delegate

Body a table of organization identifying the relevant employeepositions within theDistrict Council (including job titles and descriptions ofresponsibilities and associated salary ranges) and the number ofindividuals to be employed at any given time for each position;2.ensure that District Council employees are hired through uniform,best practices (including development and use of applicationforms,);

3.ensure that proper Human Resources-related records are maintainedproperly and securely;

4.process, investigate, and report to the District Councilcomplaints of alleged discrimination and harassment throughuniform procedures;5.ensure that regular and objective performance and productivityevaluations of District Council employees are completed;6.interact with other functions and departments of the DistrictCouncil;7.develop and implement other human resources functions in a

uniform, documented manner that adheres to best practices.

INITIATION FEES

Section 30. The initiation fee(s) in this Council shall be$____________. Arrangements may be made for the payment ofinitiation fees by installments. The Initiation Fee forapprentices shall be in accordance with the Constitution and Lawsof the United Brotherhood. Where an ex-member has violated any ofthe Rules and Laws of this Council and has been tried and found



guilty of same and where a fine has been imposed, such fine mustbe paid before initiation.

WORKING CARDS

Section 31. The Council shall have the power to issue quarterly

working cards to the Local Unions for each member of the UnitedBrotherhood on the Local Unions’ books. No member shall beentitled to receive a working card from a Local Union unless allarrearages for dues, fines and assessments are paid in full.

REPRESENTATIVES AND ORGANIZERS

Section 32.

(A) All Representatives and Organizers working in the jurisdictionof the Council must be hired pursuant to, and their employmentgoverned by, the procedures outlined herein and in the DistrictCouncil Personnel Policy. Such employees shall be subject to

regular oversight by the Executive Committee and shall be placedunder the supervision and direction of the Executive Secretary-Treasurer of the Council. No Representative, Organizer, or SpecialRepresentative shall have authority to act as such until he or shereceives the proper credentials from the Council.

(B) The Local Unions shall not be allowed to employ anyone otherthan clerical employees.

(C) Any member who represents himself or herself as aRepresentative or any member acting as such and not havingreceived credentials from the Council, or a BusinessRepresentative whose credentials have been canceled and who

represents himself or herself as a Representative of this Councilor any Local Union, shall for the first offense, after having beentried and found guilty, be fined a sum of fifty dollars ($50.00)and for the second offense, if found guilty shall be expelled fromthe United Brotherhood.

FURTHER OBJECTIVES

Section 33. The Council shall have the authority to organize andoperate a special Political Education Committee for the purpose ofpolitical objectives including, but not limited to, publicrelations, political activities and contributions and furtherance

of legislation. SuchCommittee shall operate pursuant to its bylaws and act inaccordance with all applicable laws.

LAWSUITS AGAINST THE COUNCIL

Section 34. No member fined, suspended or expelled by action ofthe Council shall file any lawsuit against the Council, itsOfficers or Representatives, or its affiliated Local Unionswithout first exhausting all appeal remedies provided for in these



Bylaws and the Constitution of the United Brotherhood.

AMENDMENTS

Section 35.

(A) Any amendments and changes to these Bylaws may be put intoeffect by the action of the Delegates at a Special Convention ofthe Council.

(B) A proposed change must be submitted in writing by at least onethird of the Local Unions affiliated with the District Council,with the seal affixed provided that the Resolutions Committeeconsisting of three (3) or more members has reviewed and approvedthe resolution as to its legality in accordance with theConstitution and Laws of the United Brotherhood and the applicableCollective Bargaining Agreement, and State and Federal laws.

(C) All changes or proposed changes to the Bylaws or Trade Rules

of this Council or any of the Local Unions shall be first referredto the Executive Committee for consideration and recommendation,and then referred to a Bylaws committee, pending approval by theCouncil and in accordance with Section 11B of the Constitution andLaws of the United Brotherhood, the proposed changes must besubmitted to the General Vice-President for approval. Providedfurther that all proposed changes to the Bylaws shall be subjectto the approval of the United States Attorney’s Office for theSouthern District of New York and, during the term of the ReviewOfficer appointed under the June 3, 2010 Stipulation and Order inUnited States v. District Council, et al., 90 Civ. 5722, SDNY(RMB), the Review Officer.

SEVERABILITY

Section 36. If any Section or part of these Bylaws shall be heldinvalid by operation of law or by any tribunal of competentjurisdiction, the remaining Sections of these Bylaws shall not beaffected thereby and shall remain in full force and effect.

MISCELLANEOUS

Section 37.

(A)The Council Delegate Body, by majority vote of the Delegates

present, either in regular or special session, shall have theauthority to adopt policies and procedures to govern theCouncil and all Local Unions, and to enact all measures,resolutions, trade rules, instruction to members and Local Unionsand all other actions that may be necessary to further theobjectives and purposes of the Council. Provided further that theforegoing shall be in conformity with theConsent Decree, Stipulation and Order of June 3, 2010, and anyother Order entered, in United States v. District Council, 90 Civ.5722 (CSH), and subject to the approval of the United States



Attorney’s Office for the Southern District of New York and,during the term of the Review Officer appointed under the June 3,2010 Stipulation and Order in United States v. District Council,et al., 90 Civ. 5722, SDNY (RMB), the Review Officer.

(B)These Bylaws, Trade Rules and any other rules, resolutions and

directives adopted by the Council shall govern and be binding oneach Local Union.

(C)Any subject not covered by these Bylaws and Trade Rules shallbe governed by the Constitution of the United Brotherhood andnothing in these Bylaws shall in any way be construed to conflictwith the Constitution of the United Brotherhood.

(D) The Executive Committee of the Council shall have theauthority to call a Special Convention. Written notice describingthe purpose of a Special Convention must be given to all Delegatesand the principal office of each Local Union at least thirty (30)days prior to such Convention. The delegates of any Special

Convention of this Council shall consist exclusively of thedelegates to this Council.

Again 30 days may not be enough time for delegates to notify the members of their prospective local unions of the issues of these meetings and therefore cannot know what their locals members positions are regarding the issues.

(E) All current Bylaws of Local Unions must be submitted to theCouncil for approval. All Bylaws of Local Unions that areinconsistent with these Bylaws are superseded.

HIRING HALL OR JOB REFERRAL SYSTEM

Section 38. The Executive Committee of the Council shallmaintain, and all workers shall be governed by, uniform rulesand/or procedures consistent with the Consent Decree, and anyOrder, entered in United States v. District Council, et al., 90Civ. 5722, for the registration and/or referral to employment ofunemployed workers. Workers shall have employment mobilitythroughout the territorial jurisdiction of the Council. Thereferral of all workers to jobs shall be performed by theExecutive Secretary-Treasurer. The Executive Secretary-Treasurershall maintain records of all worker registration and referrals,which shall be reviewed regularly by the Executive Committee and

which may be reviewed by any member upon reasonable request.

Again the word reasonable is open to interpretation and could cause a member to be refused reviewing for wrong reasons.

SHOP STEWARDS

Section 39.

(A) All stewards will be appointed by the Council Delegate Body in



a fair and equitable manner consistent with job referral rules andthe Consent Decree entered in United States v. District Council,et al., 90 Civ. 5722, and any other applicable order issuedpursuant to that case.

(B) Stewards shall be members of the District Council in good

standing and be appointed according to their skills and positionon the out of work list.

(C) The Council may require workers who desire to serve as asteward to complete the UBC’s Comprehensive Steward TrainingProgram; have five (5) years journey level experience in theconstruction industry; and to provide the Council a declaration ofeligibility to serve as a shop steward, attesting that they havenot been convicted of any crime which would make them ineligibleto serve as a shop steward under Section 504 of the LaborManagement Reporting and Disclosure Act of 1959.

(D) All shop stewards must have on file at the office of the

Inspector General, a copy of the "Shop Steward Code of Ethics.”Any shop steward not having this Code of Ethics on file will notbe dispatched as shop steward and their shop steward credentialswill be suspended until the Code of Ethics is on file.

(E) All shop stewards must have on file at the Office of theInspector General, a copy of the "Notice of AcknowledgementRegarding Background Investigation" authorizing a backgroundcheck. Any shop steward not having such notice will not bedispatched as shop steward and their shop steward credentials willbe suspended until the Notice of Acknowledgement is on file.

(F) No worker shall be referred from the out-of-work list out of

turn to fill a steward position.

(G) All stewards must take the District Council eight (8)hour certification class and complete the 2001 Skill SetTraining. In addition to the UBC’s Comprehensive StewardTraining Program and the required working experience providedunder this section, the following skill sets shall berequired of any worker who desires to serve as a steward.

William S_ Lebo District Council Draft Bylaws 5-6-2011

Documents

Transcript of William S_ Lebo District Council Draft Bylaws 5-6-2011