1 90 CV 05722 - 1270 00

Hon. Richard M.
Berman - Franco; RO Veto

SO
BY HAND
___.Jt ""f! ______ _
Hon. Richard M. Berman
United States District Judge RICHARD M. BERMAN U.S.D.J.
Daniel Patrick Moynihan
United States Courthouse
1/""1
500 Pearl St.
New York, NY 10007-1312
Re: United States v. District Council, et al.
90 Civ. 5722 (RMB SDNY)
Notice of Veto by the Review Officer, Jan 11, 2013
List ofExhibits:
March 14,2013
2913 Sommer Place
Bronx, NY 10465
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:_______
DATE 03 /1 i /2-013
Exhibit 1: 2012-01-30 to 2012-01-31 Franco-RO Walsh Emails - Failures ofthe NYCDCClBilello
Admini stration.
Exhibit 2: 2012-02-10 Franco submission ofUBC Constitution and NYCDCC Bylaw Violations
Charges to Trial Committee Chairman Walter Mack via email with attachment.
Exhibit 3: 2012-02-13 receipt of"Member Charge Form and violation list" from Trial Committee
Staff via email with attachment.
Exhibit 4: 2012-07-12 resubmission ofUBC Constitution and NYCDCC Bylaw Violations Charges
against Bilello, Lebo, and Delegates to Trial Committee Chairman Walter Mack via email
with attachments.
Exhibit 5: 2012-08-13 receipt of William Lebo Plea from Trial Committee Staff via email with
attachment.
Exhibit 6: 2012-08-16 receipt ofMichael Bilello Plea from Trial Committee Staff via email with
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Case 1:90-cv-05722-RMB-THK Document 1270 Filed 03/18/13 Page 1 of 372
Hon. Richard M. Berman - Franco; RO Veto March 14,2013
attachment
Exhibit 7: 2012-10-05 receipt of "Notice of 10.18.12 trial date" from Trial Committee Staff via email
with attachments.
Exhibit 8: 2012-10-19 receipt of "Notice of 11.1.12 trial date" from Trial Committee Staff via email
with attachments.
Exhibit 9: "Information for Members; NYCDCC Website" emails: Sent 2010-11-29 and 2011-03-03
to NYCDCC Spvsr Spencer, Cc'd to RO Walsh; sent 2011-04-01 to John Ballantyne, Cc'd
to RO Walsh; sent 2013-01-16 to Bilello, Cc'd to RO Walsh;
Exhibit 10: 2010-11-01 UBC Constitution
Exhibit 11: 2012-01-11 "Written Delegations ofAuthority"
Review Officer Interim Report 3 Exhibit 6 NYCDCC Bylaws
Review Officer Interim Report 3 Exhibit 11 NYCDCC Salary Program
Review Officer Interim Report 3 Exhibit 13 NYCDCC Personnel Policy
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Hon. Richard M. Berman - F r a n c o ~ RO Veto March 14,2013
Dear Judge Berman:
I have included with this letter several Exhibits. Reading from Exhibit 1 through 8 will provide you
with the background of my UBC Constitution and NYCDCC Bylaw violations charges against EST
Michael Bilello, former President! Assistant to the EST William Lebo, and others. Exhibit 9 was
included to show you for what information I have been seeking for the membership, when the requests
were made, and who received the communications.
"Written Delegations of Authority" Were Not Presented in Writing to Dele1gate Body
1 have recently emailed and spoken with about a dozen delegates regarding the "written delegations of
authority". All the delegates with which I have recently communicated on the subject have confirmed
that the delegations of duty, power, and authority to Wi1liam Lebo were spoken/read by EST Bilello to
the delegates at the January 10,2012, NYCDCC delegate meeting. However, they have also stated that
they did not receive the Bilello "written delegations of authority" to Lebo at that time or any time prior
to me showing/providing it to them. Therefore, the RO's assertion that the delegations were "presented
in writing to the delegate body" is false.
Favorable Formal Review by RO was Unreasonable
RO Walsh states that he favorably and formally reviewed in January 2012 the "written delegations of
authority". (Exhibit 11) I have to wonder why the RO would have agreed to this preposterous list of
duties because it is unreasonable to think that anyone person could possibly perform all the duties
summarily listed, i.e. not described in detail, by Executive Secretary-Treasurer (EST) Bilello for the
then President Lebo to perform as an Assistant to the EST. Currently, all of the duties summarily listed
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Hon, Richard M, Berman - Franco; RO Veto March 14,2013
were already and still are being performed collectively by no less than eight employees: the EST, the
Director of Operations, the Director of Organizing, the NYCDCC Labor Technical College (LTC)
Director, the Political Action Committee (PAC) Director, the Lead Regional Manager, and the two
Assistant Regional Managers, Lebo as Assistant to the EST was an unnecessary and wasteful additional
level of management And to this day, I and other members have not noticed any difference in the
performance or efficiency of the Council from when Lebo was Assistant to the EST versus the
operation of the Council today without Lebo, In effect, his apparent performance was unrecognizable,
In the eight months that Lebo was employed at the Council, few ofhis duties appear to have been acted
acted upon and then only superficially,
NYCDCC Bylaw, Section 10(N), was not "Done in Strict Conformance"
The RO's assertion that "all of which was done in strict conformance with the requirements ofthe
District Council Bylaws" is false, NYCDCC Bylaw, Section lO(N) states, "The Executive Secretary
Treasurer may also, when he deems it necessary and subject to the approval of the Executive
Committee, delegate in writing (such writing to contain a detailed description of the delegation and
to have been submitted to the Executive Committee prior to approval) any of his authority to a
District Council employee or Officer with the requisite skill, experience and training to efficiently
and competently perform THE ASSIGNMENT. Compensation for services rendered in this regard
shall be reasonable and appropriate and consistent with the compensation for equivalent work
performed by District Council employees and subject to approval ofthe Council Delegate Body,"
(Emphasis mine, Review Officer Interim Report 3 Exhibit 6 NYCDCC Bylaws.)
The delegations were unnecessary and the extensiveness is beyond this Bylaw Section'S power. lO(N)
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Hon. Richard M. Berman F r a n c o ~ RO Veto March 14,2013
specifically states "the assignment". The term "the assignment" implies a task that would be limited in
scope and temporary in nature. The delegations were not actually described in detail, they were only
summarily listed. lrregardless of whether the "written delegations" would even be considered
necessary, or not of a broad or permanent nature, or the delegation were described in actual detail, Lebo
did not have the requisite skill or experience or training to efficiently or competently perform ANY of
the duties on the list. Furthermore, the starting salary of$185,000 was not reasonable or appropriate.
Not only did Lebo not have the competency to command such a salary, the $185,000 salary was in
excess of ALL starting salaries as stated in the Salary program. (Review Officer Interim Report 3
Exhibit 11 NYCDCC Salary Program, Schedule 1, Salary Policy, Salary Tables.)
Regarding the NYCDCC Personnel Policy (PP) rules for hiring (Review Officer Interim Report 3
Exhibit 13 NYCDCC Personnel Policy, lIIB Selection Process, p12), Lebo was never interviewed or
tested in any capacity/way to verify whether he had the requisite skill, experience or training to
efficiently or competently perform any duties on the list. Yet the NYCDCC PP rules for hiring were
seemingly applied when having searched for and selecting Matt Walker for Director of Operations in
2011, as well as for Dana Brownstein for Human Resource Director.
The position ofAssistant to the EST (AttE) was at no time available or open to anyone but Lebo. No
one else was ever considered prior to Lebo. It appears that at no time was there any contemplation to
ensure hiring an employee that had the requisite skill, experience, and training or to perform efficiently
and competently. Lebo was hired as an AttE regardless of ability. Apparently, the position ofAttE at the
NYCDCC was created solely to hire a crony into a high-paying position. The hiring of Lebo was based
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Hon. Richard M. Berman - Franco; RO Veto
March 14,2013
upon little else but cronyism.
Bilello would have know that, on January] 1,2012, the mentality of the near entirety of the delegates
was that the elected President, who was to receive a mere $300 per month as per the Bylaws to perform
his presidential duties should not only be hired as an employee to the Council but he should receive a
high salary irregardless of what his duties actually entailed. It is highly likely that if Bilello attempted
another such delegation at this time he would not have it approved. All in all, the hiring ofLebo as an
Assistant to the EST was a waste ofthe of the membership's money.
With the RO having favorably formally reviewed and actively approved Lebo to be hired as AttE then
the RO's judgment and competency must be questioned. Ifthe RO decided that the standards ofthe
NYCDCC Personnel Policy and the Bylaws were not required to be followed and that the RO's
approval alone was all that is required then his motives must be questioned.
Franco's Supposed mistaken understanding of the NYCDCC Bylaws and Personnel Policy
The RO states that he found that "the Franco charges are based on a mistaken understanding of the
District Council Bylaws and Personnel Policy and are without merit". Without stating with what
sections and how I supposedly have "a mistaken understanding of the District Council Bylaws and
Personnel Policy" I can only wonder whether the RO is implying that I have "a mistaken understanding
of the District Council Bylaws and Personnel Policy" in their entirety_ Since July 31,2010, RO Walsh
and I have communicated many times about many issues. I first met with him in person at his White
Plains office on this date. Since then we have interacted at RO Forums, ROMAC meetings, and
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Hon. Richard M. Berman Franco; RO Veto March 14,2013
casually in passing. Emails between him and I number approximately 500. In 2012, I was interviewed
by him for the position ofEST. Of the six nominated candidates for EST, I was one of the two he
approved. In 2012, I was interviewed by his office for the position of President. Again, I was approved.
Apparently, I knew well enough at these times but after having submitted charges against the EST and
former President, I now have "a mistaken understanding ofthe District Council Bylaws and Personnel
Policy". Because I have brought charges against members that the RO has in the past approved for
office and employment I now supposedly do not understand the NYCDCC Bylaws and Personnel
Policy.
Process and Practice of the Executive Committee Examining the Franco Charges
The RO stated, "the process and practice of the Executive Committee examining the Franco charges is
unnecessary or a moot exercise and a waste of the assets of the District Council and the time of the
Executive Committee members, and is inconsistent with the objectives of the Stipulation and Order."
The objectives of the Stipulation and Order are built upon the objectives of the Consent Decree. One of
the purposes of the Consent Decree is to ensure that the District Council and its affiliated local unions
be maintained and run democratically. By all accounts the 2010 Trial Committee had been running
democratically. Then in October 2012 it was dissolved. Why? Could it have been because it was 'too'
independent and was not controllable by the RO and the Council?
On Jan 10,2013, under the new 2012 Charges and Trials program, Bob Makowski and I went before
the Executive Committee for the review of our charges. The Trial Committee Chairwoman (TCC), Ms.
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Moran if I recall correctly, explained to an what the Executive Committee (EC) members role was in
the Trial process. The TCC explained to the all that basically the Executive Committee only job was to
review the Charge forms to determine whether the charge was filed correctly and filed timely. With the
TCC and EC having begun to review my charges, the EC was not likely to have needed much
additional time to have completed the review. Therefore, with the RO having stated that "the process
and practice of the Executive Committee examining the Franco charges is unnecessary or a moot
exercise and a waste of the assets of the District Council and the time of the Executive Committee
members" is a statement after the process had already started, and probably much of it already having
been completed.
However, even if the RO believes that my charges have no merit, I still request that the RO's veto be
vacated and that this trial process be allowed to be completed without any further interference from the
RO. Ifmy charges are truly without merit then allow my charges to be dismissed by my peers. And, as
former Independent Investigator and former Trial Committee Chairman Walter Mack has said, let
'carpenter justice' be done.
Under the most recent/20l2 Charge and Trial program I would not have even attempted to bring any
charges against anyone on the NYCDCC Executive Committee or any popular delegate knowing that
any verdicts not on favor of these members would not likely be satisfactory to the Executive
Committee's review or would not ever be sustained by the delegate body. For the very same reason I
and others have not brought charges against McCarron and the rest ofthe lJBC General Officers for
what we think are numerous violations ofUBC Constitution, Section 51A(1), (2), (3), (4), (5), (6), (7),
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Hon. Richard M. Berman Franco; RO Veto March 14,2013
(8), (12), (13), because there is no possibility that a verdict against the UBC General Officers would
occur, The most recent Charge and Trial program is the same, except for the Chairpersons, as the
"kangaroo court" system ofyesteryear under the Forde and previous administrations. It is predisposed
to substantial bias, The 2010 Trial Procedure was one of the best changes that Mr. Walsh or anyone had
made to the Council. Mr. Mack and Judge Zazzali had no apparent interest in union politics; their only
apparent interest was justice, But apparently when the Mack/Zazzali Trial Committee wasn't working
in the RO's or the Councils favor they enacted a plan to dissolve it, The 2010 Trail Committee was
highly independent ofthe politics ofthe Council. The 2012 Charge and Trial program practically
returns us to the old NYCDCC/lJBC trial structure, which highly susceptible to political bias; the return
of the "kangaroo court".
Regardless of any other factors, If the RO's veto is sustained and my charges remain quashed
democracy will be further undermined and further dissuade members from attempting to hold
representatives accountable for their wrong-doing. Members will be even more less likely to file
charges against the officers or EC members or popular delegates. In turn, these members are likely to
be further emboldened to act improperly since having gained a greater sense of protection and a be less
concerned about needed to be accountability to the membership.
Ifthe Trial Committee was to have found in favor of my charges, the only remedies I intended to seek
were requiring 1) at each delegate meeting a parliamentarian for assist in adhering to the rules and a
professional court reporter for the meeting minutes, and 2) parliamentarianiRobert's Rules of Order,
NYCDCC Bylaws, and UBC Constitution classes for the NYCDCC officers, Executive Committee
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Hon. Richard M. Berman - Franco; RO Veto March 14, 2013
members, and delegates.
Knowledge of Charges for at least Six Months
Walsh knew of my charges against Lebo since at least August 14,2012. He revealed his knowledge of
my charges at the August 14, RO Forum, at which he stated, "I know of your charges against Lebo, and
they're preposterous." However, Walsh more than likely knew ofthem a very shortly after their refiling
July 11,2012. Though being knowledgeable since at least August 14, 2012, Walsh did not veto my
charges or formally contest them at any time until January 11,2013, which was after (1) Trail
Committee Chairpersons Mack and Zazzali were dismissed, (2) the 2010 Trial Committee process
revoked, and (3) the 2012 Charges and Trials process installed.
On October 5,2012, a trial date of October 18 was issued by the Trial Committee chairs. Again at this
time, Walsh did not veto the charges and he did not veto the issuance/obtaining of a trial date.
Additionally, Bilello and Lebo did not contest the obtaining of the October 18 trial date or ever request
a veto ofthe charges. However, on October 17, Bilello requested and received a postponement of the
October 18 trial date. On October 19, a second trial date ofNovember 1,2012, was issued. Yet again,
Walsh did not veto the charges and he did not veto the issuance/obtaining of a trial date.
With Walsh's veto, he prevented the Executive Committee from rendering a decision whether to
forward the charge to the Trail Committee after a session already conducted. The only further "use of
assets of the District Council and the time ofthe Executive Committee members" would have been to
file a notice stating whether my charges are to go forward to trail or not.
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Hon. Richard M. Berman Franco; RO Veto
March 14,2013
With the exception of Lebo having been given the choice to resign or be vetoed for lying to the RO
about an incident directly unrelated to the Union, since the Bilello administration took office January
11,2012, the RO has not disciplined anyone of the Executive Committee members at any time for any
action or inaction. When the RO vetoed the January 25,2012, motion to Ban the Member Gallery,
notice of veto only admonished the delegates. The letter did not name Chairman Lebo nor was
disciplined or held accountable in any way for entertaining the motion. To date, theNYCDCC officers
and local union Executive Committee members has not yet been held accountable for the faux pas of
the March 2012 CBAmembership vote in which the a balloting arrangement was devised without
delegate body approval or the approximately $20,000 cost for the printing of the letters and ballots and
the mailing was paid for without delegate body approvaL Yet the NYCDCC Bylaws, Section 5 (A),
clearly state, "The Council Delegate Body shall have the exclusive authority to consider, vote upon and
finally make decisions on all matters affecting the Council, as provided for in the Bylaws." To date, the
NYCDCC officers and local union Executive Committee members have not been held accountable to
the tens of thousands of dollars they have spent prior to delegate body approval. Yet, if a local union
was to misstep this often and this largely the officers would have been removed. He has already vetoed
local union officers for far less. But the RO so far has decided not to act against anyone in the Bilello
administration regardless ofUBC Constitution, NYCDCC Bylaw violations, or Robert's Rules of Order
violations. To date, Bilello and several other Executive Committee members have displayed
exceptionally poor judgment and leadership yet the RO has decided not to hold them accountable to
any of their failures. If the RO won't hold these members accountable, and he prevents members like
myself from attempting to hold our representatives accountable for their wrong-doing, then what are to
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do to achieve accountability and justice. For additional violations see Exhibit 2. Furthermore, since
February 10,2012 there have been numerous additional NYCDCC Bylaw, Robert's Rules of Order, and
UBC Constitution violations.
In the 2013-03-01 Order, among other things, Your Honor requested that I address the following:
1. franco's legal ability to present the disciplinary charges he describes to the Trial Committee. In
order for me to address this question, I will interpret "my legal ability" as "my legal right"
rather than "my ability as a lawyer", ofwhich I have none. For Offensives and Penalties and for
Charges and Trials within the UBC see UBC Constitution (Exhibit 10), Sections 51 and 52,
respectively.
2. The Trial Committee's role in these matters. To my understanding, with the current, 2012/2013
trial procedure, after charges have been submitted to the NYCDCC Inspector General Office,
the Executive Committee is then scheduled to review the charges for "squareness", i.e. not
having timed-out, correct listing of charges, etc. If the Executive Committee does not reject the
charges, the charges then go before the Trial Committee. After the conclusion ofthe trial, the
Trial Committee then determines guilty or not guilty and makes recommendations to remedy. At
the next delegate meeting the trial information is stated/summarized and the verdict stated. The
delegate body then decided whether to approve the recommendation.
3 . Copies ofthe RO's "favorable formal review in January 2012 ofsaidwritten delegations".
understand this question to be primarily or wholly directed to the RO. However, I must state
that I do not recall having known that the RO had conducted a "favorable formal review" until
my reading of his veto and I currently do not have any documentation regarding his "favorable
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I
formal review".
4. The authority ofthe RO to veto disciplinary charges filed with the Trial Committee prior to any
Trial Committee Review. While the RO apparently has the authority under the Stipulation and
Order, it is unwise and detrimental to democracy for him to exercise his authority in this case.
I think explanations are owed to all the affected for the following questions:
(1) Why did the RO decide to regress back to the UBC Constitution Trial process that is practically the
same as the pre-2010 NYCDCC Trail Committee process that Walsh has said on more than one
occasion to have been operated like "a kangaroo court"?
(2) Why did the RO not contest or veto my charges under the 2010 MacklZazzali Trial Committee?
(3) Why did the RO veto the initial step, that of charges being reviewed by the Executive Committee,
in his 'new' 2012 process, rather than my charges directly?
(4) Why did the RO wait six months to in effect veto my charges under the 'new' 2012 Trial Committee
process and not when they became know to him no later than August 2012?
Respectfully submitted,
Daniell Franco
LUIS7, NYCDCC, UBCJA
UBC# 6027-2876
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Exhibit 1
From: Daniel J. Franco Review Officer
To: Dennis M. Walsh
Sent: Monday, January 30,20125: 17 PM
Sent: Monday, January 30, 2012 9:43 PM
Mr. Walsh, From: Daniel J. Franco
To: Dennis Walsh
Did Bilello and/or Lebo communicate to you
in anyway that they were dissatisfied with Mr. Walsh,
the delegates' approval of Guy Collin's Jan
25 motion to 'not have a gallery' or thought it Thank you. I very much appreciate your
to be in violation of the NYCDCC Bylaws? response. It confirms my deductions.
Simply, are you aware of them questioning
in any way the motion to 'not have a Your vetoing of the Collin's motion to 'not
gallery'? have a gallery' was most proper. And it is
good to read that Lebo agrees with your
I thank you for your time and attention to ruling. However, Lebo's mishandling of the
this matter. Collin's motion is not their first mistake, of
which Bilello has made several in the mere
Sincerely, two and a half weeks they've been in office.
Dan It is obvious that Lebo and Bilello, as well as
the delegates, do not know and understand
the new NYCDCC Bylaws just yet, as well
On Mon, Jan 30,2012 at 20:37, as Roberts' Rules of Order, and we, the
Dennis Walsh wrote: members, are already suffering greatly for
their failures, the effects of which will
Dan: you observed them at the meeting, so cascade into much larger problems in the
you can draw your own conclusions in that near and far future. Therefore, it must be my
regard. Since then, I have not heard that they continuing job to apprise and curtail the
either oppose or support a gallery. You wrongdoing of the administration at the
should ask them. NYCDCC.
Bill told me today that though he obviously Sincerely,
did not realize it at the time, he agrees with Dan Franco
my view that the motion contravened the
Bylaws and he recognizes that it was error to
proceed with it. On Mon, Jan 30,2012 at 22:22,
Dennis Walsh wrote:
Dennis M. Walsh
However, I have seen this pattern of abuse
before. I have seen this level of lack of
insight and foresight previously. It exists in
dictators/tyrants and I refuse to allow
another Forde, Thomassen, or McCarron at
my Council.
Sincerely,
Dan Franco
P.S.: To be more accurate, I should have
stated the following in my previous email:
Therefore, it must be my continuing job to
apprise and curtail the wrongdoing of [yet
another] administration at the NYCDCC.
Date: Tue, Jan 31, 2012 at 06:03
From: Dennis Walsh
To: "Daniel J. Franco"
Dan: if you have any specific facts that you
believe present violations of
the Stipulation and Order, please bring them
to my attention.
Dennis M. Walsh
Review Officer
Exhibit 2
Gmail- UBC CQnstitutionaoo NYCDCC Bylaw Violations Charges https://tmil.google.comttmillliO/?ui=2&ik=ceafc95719&view=pt&q= ...
Daniel J. Franco <danieljfranco1@gmail.com>
UBC Constitution and NYCDCC Bylaw Violations Charges
Daniel J. Franco <danieljfranco1@gmail.com> Fri, Feb 10, 2012 at 10:13 PM
To: Walter Mack <wmack@doarlaw.com>
Dear Trial Committee Chairman Mack:
Please see attached complaint.
Sincerely,
Daniel J. Franco
LU157, UBCJA
UBC#: 6027-2876
t:) UBC_ Con_NYCDCC_Bylaw_ Violation_Charges_2012-02-10.pdf
~ 121K
3/12/2013 6:43 p ~
lofl
February 10,2012
Walter Mack
Trial Committee Chairman
395 Hudson St
New York, NY 10014
[VlAEMAlL]
My name is Daniel J. Franco. I am a member of Local Union 157 and in good-standing. It is with
great sadness that Tsubmit this following charges:
1. Tcharge EST Michael Bilello, and other members yet to be determined that assisted,
for having violated NYCDCC Bylaw Section 10.(H) for the manner in which President
William Lebo was hired as Assistant to the EST having occurred January, 2012.
2. I charge EST Michael Bilello, and other members yet to be determined that assisted,
for having violated NYCDCC Bylaw Section 10.(N) for the manner in which President
for having violated NYCDCC Bylaw Section 12.(D) for the manner in which President
William Lebo was bired as Assistant to the EST baving occurred January, 2012.
4. I charge Michael Bilello, and other members yet to be determined that assisted, for
having violated the NYCDCC Personnel Policy for the manner in which President
S. I charge President William Lebo for having violated NYCDCC Bylaw Section 12D
when he accepted being hired as Assistant to the EST having occurred January, 2012.
6. I charge President William Lebo for having violated the NYCDCC Personnel Policy
1
when he accepted being hired as Assistant to the EST having occurred January, 2012.
for having violated NYCDCC Bylaw Section 10H for the manner in which President
William Lebo's salary was set as Assistant to the EST having occurred January, 2012.
S. I charge EST Michael Bilello, and other members yet to be determined that assisted,
for having violated NYCDCC Bylaw Section tON for the manner in which President
for having violated NYCDCC Bylaw Section 12D for the manner in which President
for having violated the NYCDCC Personnel Policy for the manner in which President
Lebo's appointment to one ofthe highest positions of employment at the NYCDCC is one of
cronyism. The NYCDCC Bylaws and Personnel Policy were not abided.
Bilello, local union executive delegates, and the delegates did not question or take into
consideration whether Lebo has the ability to perform the duties ofthe newly formed position. Lebo
was accepted without opposition and practically no debate for the position by the executive
delegates and the delegates primarily and heavily because they believe that the NVCDCC President
should be by virtue of the office employed at the Council and at a high salary.
Bilello did not consult with the Human Resource Director about the Assistant to the EST position or
the determining the salary. The $185,000 starting salary is excessive. The Assistant to the EST
position was not opened to the membership. No other person was considered for the position. Lebo
was not interviewed for the position. Lebo did not nor was he required to provide a resume of
management experience. Lebo did not nor was he required to provide proof or demonstration of
ability. Lebo does not nor was he required to have management experience commensurate for the
position.
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for having violated NYCDCC Bylaw Section lOll for the manner in which Vice
President Michael Cavanaugh was hired as Assistant to the EST having occurred
January, 2012.
for having violated NYCDCC Bylaw Section ION for the manner in which Vice
January, 2012.
for having violated NYCDCC Bylaw Section 12D for the manner in which President
for having violated the NYCDCC Personnel Policy for the manner in which Vice
January,2012.
15. I charge Vice-President Michael Cavanaugh for having violated NYCDCC Bylaw
Section 12D when he accepted being hired as Assistant to the EST having occurred
Janual'y, 2012.
16. I charge Vice-President Michael Cavanaugh for having violated the NYCDCC
Personnel Policy when he accepted being hired as Assistant to the EST having occurred
January, 2012.
17. I charge Michael Bilello, and other members yet to be determined that assisted, for
having violated NYCDCC Bylaw Section lOll for the manner in which Vice-President
Michael Cavanaugh's salary was derived as Assistant to the EST having occurred
January,2012.
for having violated NYCDCC Bylaw Section 10N for the manner in which Vice
President Michael Cavanaugh's salary was derived as Assistant to the EST having
occurred January, 2012.
3
for having violated NYCDCC Bylaw Section 12D for the manner in which Vice
for having violated the NYCDCC Personnel Policy for the manner in which Vice
Cavanaugh's appointment to one of the highest positions of employment at the NYCDCC is one of
'appeasement'. The NYCDCC Bylaws and Personnel Policy were not abided.
Bilello, local union executive delegates, and the delegates did not question or take into
consideration whether Cavanaugh has the ability to perform the duties of the newly formed position.
Cavanaugh was accepted without opposition and practically no debate for the position by the
executive delegates and the delegates primarily and heavily because they believe that the NYCDCC
Vice-President should be by virtue of the office employed at the Council and at a high salary.
Bilello did not consult with the Human Resource Director about the second Assistant to the EST
position or the determining the salary. The $174,000 starting salary is excessive. The Assistant to
the EST position was not opened to the membership. No other person was considered for the
position. Cavanaugh was not interviewed for the position. Cavanaugh did not nor was he required to
provide a resume of management experience. Cavanaugh did not nor was he required to provide
proof or demonstration of ability
21. 1 charge Bilello, and other members yet to be determined that assisted, for having
violated UBC Constitution Section 51.A (4) by attempting to misappropriate the funds
of the NYCDCC having occurred January, 2012.
22. I charge Bilello, and other members yet to be determined that assisted, for having
violated UBC Constitution Section Sl.A (6) attempting to defraud the NYCDCC
4
'\
having occurred January, 2012.
23. I charge Bilello, and other members yet to be determined that assisted, for having
violated UBC Constitution Parliamentary Rule 5. for Bilello's motion to "spend the
appropriate and necessary funds to campaign against Amalgamated
Carpenters/Dockbuilders Union" having occurred January, 2012.
Bilello's motion to "spend the appropriate and necessary funds to campaign against Amalgamated
Carpenters/Dockbuilders Union" is essentially a motion for one or more 'blank checks'. This motion
does not approve any actual expenditure. Specific amounts and payees must be stated for an
expenditure of funds to be appropriate. This motion and its approval were improper/not-in-order
and therefore should be rendered null and void. Any specific expenditure that is made under the
Amalgamated pretense without coming before the delegate body as required by NYCDCC Bylaw
Section 5.(B)3 and 5.(B)4 will again violate these sections.
24. I charge Bilello, and other members yet to be determined that assisted, for each
disbursement in excess of $200 per month to each delegate for attending delegate
meetings for violating NYCDCC Bylaw Section 5(E), which occurred January, 2012.
25. I charge each delegate for violating NYCDCC Bylaw Section 5(E) for each
disbursement 'cashed' from the NYCDCC in excess of $200 per month to each delegate
related to attending delegate meetings, which occurred January, 2012.
Compensating any delegate in excess of $200 for attending meetings is ultra vi res of the EST, other
members of the Executive Committee, the delegates., or any other person without first amending the
NYCDCC Bylaws.
26. I charge President William Lebo with violating NYCDCC Bylaw Section 22(A). for not
properly notifying at least 10 days in advance the delegates ofthe January 25, 2012,
delegate meeting.
This meeting could not have been a regular meeting since no regular meeting schedule has been
5
issued and precedent has been that the regular delegate meeting occurs on the second Wednesday of
the month at 5:00 PM. Therefore. a delegate meeting on any other night or at any other time or any
other place must be a special called meeting. Issuing a call for a meeting with only two days printed
notice. Issuing a call for a meeting without stating special calL Running a what could have only
been a special called meeting as a regular meeting.
27. I charge EST Michael Bilello, as "Council" and President William Lebo, as delegate
meeting chairman for having for having violated NYCDCC Bylaw Section 22(B)1. for
not providing to each delegate for approval reasonably in advance of the Jan 25, 2012,
meeting the 1/11 Delegate meeting minutes.
28. I charge EST Michael Bilello, as "Council" and President William lJebo, as delegate
not providing each delegate for approval reasonably in advance of the Jan 25,2012,
meeting the 1/11 Executive Committee meeting minutes.
29. I charge EST Michael Bilello, as "Council" and President William l ~ e h o , as delegate
meeting each bill and each expenditure.
meeting disciplinary proceedings.
meeting the Organizing Report.
not providing each delegate for approval reasonably in advance of the Jan 25, 2012,
meeting the Membership Retention Report.
6
-----q
meeting the Political and Legislative Report.
34. I charge EST Michael BUello, as "Council" and President William Lebo, as delegate
meeting the Financial Report.
None of the aforementioned documentation has yet to be provided to the NYCDCC delegates.
I seek to have this remedy by the NYCDCC providing the aforementioned documentation for the
time period prior to the submission of this complaint.
35. I charge EST Michael Bilello for having for having violated NYCDCC Bylaw Section
35 (A) for instituting the Committee of Advisory to Collective Bargaining.
36. 1 charge EST Michael Bilello for having for having violated NYCDCC Bylaw Section
35 (B) for instituting the Committee of Advisory to Collective Bargaining.
37. 1 charge EST Michael Bilello for having for having violated NYCDCC Bylaw Section
35 (C) for instituting the Committee of Advisory to Collective Bargaining.
38. J charge EST Michael Bilello, and other members yet to be determined that assisted,
for having for having violated NYCDCC Bylaw Section 12 (I) for instituting the
Committee of Advisory to Collective Bargaining, which occurred January, 2012.
39. 1 charge each member, which is yet to be determined, that is not an Executive
Committee Member that accepted their appointment to the Committee of Advisory to
Collective Bargaining for having violated NYCDCC Bylaw Section 12 (T), which
40. I charge each member, which is yet to be determined, that is not an Executive
Committee member that accepted their appointment to the Committee of Advisory to
Collective Bargaining for having violated NYCDCC Bylaw Section 35 (A), which
7
Committee member that accepted their appointment to the Committee ofAdvisory to
Collective Bargaining for having violated NYCDCC Bylaw Section 35 (B), which
Committee member for having accepted his appointment to the Committee ofAdvisory
to Collective Bargaining for having violated NYCDCC Bylaw Section 35 (C), which
The Executive Committee has the PRIMARY responsibiHty for negotiating, and recommending to
the Council Delegate Body for approval, all Collective Bargaining Agreements. No other member
may be appointed above, beyond, or in place of the members of the Executive Committee for
contract negotiation. No contract negotiation committee may reside above, beyond, or in place of
the Executive Committee's responsibility to negotiate collective bargaining agreements. Members
may not be added or removed from the Executive Committee without abiding by NYCDCC Bylaw
Section 35. Adding members to or appointing an Committee of Advisory to Collective Bargaining is
currently ultra vires of the EST, the Executive Committee members, or the delegates. Creating and
appointing members to the Committee of Advisory to Collective Bargaining attempts to circumvent
and supersede NYCDCC Bylaw Section 12 (1) and Section 35 (A) though (C).
43. 1 charge IG Scott Danielson, and other members yet to be determined that assisted, for
one or more instances of violating Section 5.(8)3. for not submitting in advance
proposed expenses in excess of $200.
At the Wednesday January 25, 2012, delegate meeting Scott Danielson brought before the delegate
body thousands of dollars worth of expenses for the renovation and purchase of cabinetry for the IG
Office, which were incurred prior to review and approval of the delegates.
44. I charge Guy Collins for violating NYCDCC Bylaws Section 22.(A) for making a
motion to ban members from attending the delegate meetings at the January 25,2012,
-----,1
8
delegate meeting.
45. I cbarge Paul Capurso for violating NYCDCC Bylaws Section 22.(A) for seconding
Guy ColUnts motion to ban members from attending the delegate meetings at the
January 25, 2012, delegate meeting.
46. I charge each e l e g a t ~ yet to be determined, for violating NYCDCC Bylaws Section 22.
(A) for supporting a motion to ban members from attending the delegate meetings at
the January 25, 2011, delegate meeting.
As is stated RO Dennis Walsh in IDS January 29, 2012, "Notice ofVeto by the Review Officer" to
the Delegate Body and President William Lebo, "the motion to hence forth bar members from
attending delegate body meetings was ultra vires and would function as a de facto amendment of
the Bylaws".
Sincerely,
(
Daniel J. Franco
..,,----
LU157, UBCJA
9
Exhibit 3
i I
Gmail - HerrbeT Charge Fonn and violation list https:llmiLgoogle.comlrrniUtt'0/?ui=2&ik=ceafc95719&view=pt&q= ...
G ~ il
Member Charge Form and violation list
- - - - - - - - - - ~ - - - - - - - - - - - - - ..- . - . - - . ~ . - - - ~ . ~ ..- - . ~ ..-
Susan Swan <sswan@doarlaw.com> Mon, Feb 13, 2012 at 5:00 PM
To: danieljfranco1@gmaiLcom
Cc: MackandTCstaff <MackandTCstaff@doartaw.com>
Mr. Franco:
Attached please find the form that you can use to bring charges against another member of the Carpenters
union. The second page is a list of \/iolations of the UBC Constitution and By-laws for your reference so that you
can enter the appropriate Section or Sub-section numbers on the form.
Please do not hesitate to contact us if you have any questions about the form or filing your charges.
Thank you
--Susan
Trial Committee Staff
Susan Swan
Doar Rieck Kaley & Mack
Suite 707
217 Broadway
New York. NY 10007
212619-3730 (telephone)
212-962-5037 (facsimile)
~ A - Member v. Member Charge Form and Violation List.pdf
40K
3/12/2013 6:49 ~
1 of}
I
I i
UNITED BROTHERHOOD OF CARPENTERS .AND JOINERS OF AMERICA
NEW YORK CITY DISTlUCf COUNCIL OF CARPENTERS
39$ HUDSON STIl.fi1!T
Supervisor, usc
FllANK SPENCI!Il
Ntw Your:, N.Y. 10014
PHONII: (212) 36-6-7500
JOml BIt.Ll.AN'lYNE
Aslisc:am Sup<!rvisor INSl1TtJ'nlI) II.1JG1JSr 12T'R, 1881 FAX: (212) 675-3118
CIIARGEFORM
I hereby file charges apiDst: Name;
~ : . - - - - - - - - - - - - - - - - - - - - - - - - - - -
UBC#: _____________________________
For violation of: Coaadtution. Socdon($) (SI(A) iasertapplicable sttbIcc;dcm)
1..ocalICoancI Bylaw. Soctioa(.): ______~ ____
(n....LocIdua)
The facts oftile violation are as follows (8U8chsepar:1dl= sheet ifmorespaeeteqUired):
WI1nesgeS to 1his violadoo. are: ____- = = - ~ - - - -
(NMIe)
_______________________ mc,:,_______________
~ - - - - - - - - - - - - -
Uaited BrotIierlaood CoastitaUoaal Yiolatioas (Sec. SIA)
a (1) causing dissension among the members ofthe United Brotherhood.
Q
(2) Advocating division of the fimds ofthe United Brotherhood or any subonlinate body thereof.
Q
(3) Advocating separation ofany subordinate body from the United Brotherhood.
Q
(4) Misappropriating the funds ofany subordinate body, or any moneys entrusted to him or her by a member
or candidate for the account of any subordinate body.
Q
(5) Improper harassment of my member ofthe United Brotherhood.
Q
(6) Defrauding the United Brothedtood or any subordinate body.
Q
(7) Furnishing to any unauthorized person. without the consent of the Local Union, a list ofthe membership.
Q
(8) Divulging to any unauthorized person, the business ofany subontinate body without its consent.
Q
(9) Divulging the quarterly Password for any pmpose other than to enter the meeting.
Q
(10) Crossing or working behind a picket Jine duly authorized by any subordinate body oftbe United
Brotherhood.
Q
(11) Failure tomeet transfer proccdmes before going to work in a l()C81ity where a stri1c:e or lockout is
pending or in effect.
Q
(12) Lumping for any owner, builder, contractor, manufacturer or employer.
a (13) Violating the obligation.
a
(14) Solicitingor accepting COD1ributiona.. by a candidate for any elective office or position, from other than
members ofthe United Brotherhood.
Q
tiYcoccBy-Law VWaUoD.
(2) Acting in Contravention of otgecti'W!8 of Dislrict Council.
Q
(3) Acting Inconsistently with Power and PolicieJ; ofDistrict Couacil.
Q
(5) Acting Inconsistently with the Powers andDuties ofDeIegak:S to the District Council.
Q
(8) Acting Inconsistently with the Powers and Duties of the Executive CommiUee..
Q
(12) Failure ofBxecutiv.:: Secrebu:y-Treasurerto 'carty out his duties in a
Q
(14) Failure ofTrustees to carry out their duties in a proper manner.
Q
(15) Failure to comply with Rules ofthe Job Referral System
Q (16) Failure tocomply with RuJcs conccming the Appointment of Stewards
Q (19) Failure to comply with Rules initiation fees.
o (20) Failure to comply with Rules concerning working cards.
o
(21.22) FaiJUR': to comply with Rules concerning working dues, dues check-oft;, special assessnx:nts. per
capita tax. and monthly dues.
o (29) Failure to comply with Rnlcs concerning Representatives and 0rpnizICrs.
o
(31) Failure to comply with Rules COIlCCming timing of Jawsuita apiDst District Council. its officers,
or affiliated I..oGal Unions.
o Other:

Exhibit 4
-----------_._----------
rail: Clmges, Bilello, Lebo, Delegates; Hiring Lebo; 2012-01-11 https:llrmil.google.comlrmiVulO/?ui=2&ik=ceafc95719&view9>t&q= ...
Charges, Bilello, Lebo, Delegates; Hiring Lebo; 2012-01-11
Daniel J. Franco <daniegfranco1@gmail.com>
To: walter Mack <wmack@doarlaw.com>
Please see attached documents in the following order:
1) Charges, Bilello, Lebo, Delegates; Hiring Lebo; 2012-01-11.doc
2) Charges, Bilello; Hiring Lebo; 2012-01-11.pdf.pdf
3) Charges, Lebo; Hiring Lebo; 2012-01-11.pdf.pdf
4) Charges. Delegates; Hiring Lebo; 2012-01-11.pdf
Sincerely,
Daniel J. Franco
LU157. UBCJA
UBC#: 6027-2876
4 attachments
~ Charges, Bilello, Lebo, Delegates; Hiring Lebo; 2012-01-11.doc
28K
t3 Charges, Bilello; Hiring Lebo; 2012-01-11.pdf.pdf
120K
~ Charges, Delegates; Hiring Lebo; 2012-01-11.pdf
118K
tj Charges, Lebo; Hiring Lebo; 2012-01-11.pdf.pdf
120K
Thu. Jul 12. 2012 at 3:32 AM
3/1212013 8:11 PM
lofl
July 11, 2012
Walter Mack
395 Hudson St.
New York, NY 10014
[VIAEMAILl
It is with great sadness that I, Daniel J. Franco, a member in good-standing of Local Union 157, submit
the following:
On January 12, 2012, I was contacted by a local union delegate to the NYCDCC via phone. The
delegate explained to me that the night before at the January 11, 2012, NYCDCC delegate meeting EST
Bilello made a motion to hire president William Lebo as an Assistant to the EST. The motion was
questioned by a few delegates, but ultimately was approved without opposition.
Lebo's appointment to the second highest position of employment at the NYCDCC is one of cronyism
by Bilello. The Assistant to the EST position was not opened to the membership. No other person was
considered for the position. Lebo was not legitimately interviewed for the position. Bilello, executive
committee members, nor delegates questioned or took into consideration whether L ~ h o has the ability
to perform the duties of the newly formed position. Lebo did not nor was he required to provide
documentation attesting to, such as a resume, or demonstrate management experience or any other
ability commensurate for the position. Lebo was accepted without opposition and practically no debate
for the position by the executive delegates and the delegates. Bilello did not consult with the Human
Resource Director regarding the Assistant to the EST position was necessary or appropriate. Bilello did
not consult with the Human Resource Director determining the Assistant to the EST starting salary of
$185,000 or whether it was appropriate, reasonable, and sustainable. The $195,000 starting salaT'Y ill<
excessive, unreasonable and inappropriate.
For proposing, hiring and employing William S. Lebo as A'isistam to the EST, I hereby charge Michael
R. Bilello with the following violations of the NYCDCC Bylaws and the UBC Constitution:
NYCDCC Bylaw Sections;
1O(H) not consulting with the Director of Human Resources.
lOCH) - not recommending to or seeking approval from the Executive Committee.
lOCH) - not receiving approval from the Executive Committee.
lOCH) - not abiding by the NYCDCC Personnel Policy.
lO(N) - not seeking approval from the Executive Committee.
lO(N) - not receiving approval from the Executive Committee.
1O(N) - delegating authority to an employee that does not have the requisite skill.
10(N) providing compensation that is unreasonable/inappropriate.
12(D) - "candidate" was not required to attend an Assistant to the EST "three-day".
l2(D) due to no Assistant to the EST "three-day", no rating in the top-quarter could be determined.
l2(D) - "candidate" was not imerviewed by a hiring committee.
l2(D) - due to no interview, no appraisal was forwarded to Executive Committee.
12(D) no recommendation by the Executive Committee to the delegate body.
29(D)2 - did not ensure job opportunity was advertised.
29(D)2 did not ensure "candidate" was well qualified.
29(D)2 - did not ensure "candidate" was hired through uniform best practices.
5(B)3 - EACH expenditure (yet to be determined), including but not limited to, 'fringe benefits',
disbursements for official business, etc., in excess of $200 not presemed for review in advance.
disbursements for official business, etc., within $200 not presemed for review within one month after
they have been incurred.
UBC Constitution, Section 6 defrauding the NYCDCC and the members of the affiliated local unions
by hiring a person not qualified, competent or capable to fulfill the duties of Assistant to the EST. To
date, tens of thousands of dollars (salary, benefits, meals, insurances, vehicle, taxes, etc.), probably
over $100,000, has been expended related to Lebo's employment with no significant benefit to the
members.
For conspiring with and assisting Michael R. Bilello and for accepting employment as Assistant to the
EST, I hereby charge William S. Lebo with the following violations of the NYCDCC Bylaws and the
UBC Constitution:
I
NYCDCC Bylaw Sections:
lO(H) not consulting with the Director of Human Resources.
10(H) - not recommending to or seeking approval from the Executive Committee.
10(H) not receiving approval from the Executive Committee.
lOCH) - not abiding by the NYCDCC Personnel Policy.
1O(N) - not seeking approval from the Executive Committee.
lO(N) not receiving approval from the Executive Committee.
10(N) - delegating authority to an employee that does not have the requisite skill.
10(N) - providing compensation that is unreasonable/inappropriate.
12(D) - "candidate" was not required to attend an Assistant to the EST "three-day".
12(D) - due to no Assistant to the EST "three-day", no rating in the top-quarter could be determined.
12(D) - "candidate" was not interviewed by a hiring committee.
12(D) due to no interview, no appraisal was forwarded to Executive Committee.
12(D) - no recommendation by the Executive Committee to the delegate body.
29(D)2 - did not ensure "candidate" was well qualified.
disbursements for official business, etc., in excess of $200 not presented for review in advance.
disbursements for official business, etc., within $200 not presented for review within one month after
UBC Constitution, Section 6 - defrauding the NYCDCC and the members of the affiliated local unions
date, tens of thousandsof dollars (salary, benefits, meals, insurances, vehicle, taxes, etc.), probably
members.
Each delegate, which is yet to be determined, that supported Bilello's motion to employ Lebo as
Assistant to the EST assisted in committing the following NYCDCC Bylaw and the UBC Constitution
violations:
NYCDCC Bylaw Sections:
lOCH) not consulting with the Director of Human Resources.
lO(H) - not recommending to or seeking approval from the Executive Committee.
10(H) - not receiving approval from the Executive Committee.
1O(H) - not abiding by the NYCDCC Personnel Policy.
10(N) - not seeking approval from the Executive Committee.
10(N) not receiving approval from the Executive Committee.
lO(N) - delegating authority to an employee that does not have the requisite skill.
lO(N) providing compensation that is unreasonable/inappropriate.
12(D) - "candidate" was not reqUired to attend an Assistant to the EST "three-day".
12(D) - due to no Assistant to the EST three-day", no rating in the top-quarter could be determined.
12(D) - "candidate" was not interviewed by a hiring committee.
12(D) - due to no interview, no appraisal was forwarded to Executive Committee.
12(D) - no recommendation by the Executive Committee to the delegate body.
29(D)2 - did not ensure "candidate" was well qualified.
5(B)3 EACH expenditure (yet to be determined), including but not limited to, 'fringe benefits',
disbursements for official business, etc., in excess of $200 not presented for review in advance.
disbursements for official business, etc., within $200 not presented for review within one month after
UBC Constitution, Section 6 defrauding the NYCDCC and the members of the affiliated local unions
date, tens of thousands of dollars (salary, benefits, meals, insurances, vehicle, taxes, etc.), probably
members.
Sincerely,
Daniel J. Franco
/sl Daniel J. Franco /5/
LU157, UBCJA
UBC#: 6027-2876
I
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS
WllLIAM S. LEBO
395 HUDSON SmIlET
Presideot
NEW YORK, NY 10014
PHoNE: (212) 366-7500
MiCHAEL P. CAVANAUGH
V"ki>-l'resldent INSTITU'DID AUGUST12'IH. 1881 FAX: (212) 675-3118
CHARGE FORM
For violation of: Constitution" Seclions(s) SI(A) insert subsection

Local/Council ByJaws Secrlon(s):4X 5')(' a(.l.> 3c:. 2Q6;Z
:8)3" $)04

The facts of the are a ows ( separate sheet if more space required):
Witnesses to this violation are: talIt;.,,-, <!1
(Name) (Local Union)

(Local Union) 9Uj

'}4t!). 2P90
) -) )
(Local Union)
2010 United Brotberhtod Copsitntigal Violations (Sec. !ilA)
o (1) Causing dissension among the members of the United Brothedtood.
o (2) Advocating division of the funds of the United Brotherhood or any subordinate body thereof.
o (3) Advocating separation of any subordinate body from the United Brotherhood.
o (4) Misappropriating the funds of any subordinate body, or any moueys entrusted to him or her by a member
or candidate for the accouot of any subordinate body.
o (5) Improper barassmeot of any member of the United Brotherhood.
~ (6) Defrauding 1be United Brotherhood or any subordinate body.
o (7) Furnishing to auy uoauthorized person, without the consent of the Local Union, a list of the membership.
o (8) Divulging to any uoauthorized person, the business of any subordinate body without its consent.
o (9) Crossing or working behind a picket line duly authorized by any subordinate body of the United
Brotherhood.
o (10) failure to meet transfer procedures before going to work in a locality where a strike or lockout is
o (11) Lumping fur any owner, builder, contractor, manufacturer or employer.
o (12) Violating the obligation.
o (13) Solicitiug or illU'JJliug LuulribuliollS, by a cdudidi!ll' for aUY t'ieclivl' offiLl' or ptnliliull, frOUl ntht'l, dIan
members of the United Brotherhood.
2011 NXCDCC ByLaw Violations
o (3) Acting in Contravention of objectives of District Cooncil.
o (4) Acting Im:onsistently with Power and Policies of District CoUllcil.
(5) Acting Inconsistently with the Powers and Duties of Delegates to the District Council.
gj, (10) Failure of Executive Secretary-Treasurer to carry out his duties in a proper manner.
~ (12) Acting Inconsistently with the Powers and. Duties of the Executive Committee.
o (13) Failure of Trustees to carry out their dnties iQ a proper mauner ..
o (14, 15) Failure to comply with Rules concerning working dnes, dnes check-off. special assessments, per
capita tax, and monthly dues.
o (30) Failure to comply with Rules concerning initiation fees.
o (31) Failw-e to comply with Rules concerning working cards.
o (32) Failure to comply with Rules concerning Representatives and Organizers.
o (34) Failw-e to comply with Rules concerning timing of lawsuits against District Council, its officers,
represMtatives, or affiliated Local Unions.
o (38) Failure to comply with Rules of the Job Referral System
o (39) Failure to comply with Rules concerning the Appoin1ment of Stewards
~ Other:_Z:;..c;'t ___________________
. -.--- - ..~ _.
~ . - - - . - . - ~ . - - - . - - - - - - - ~ ..--.
I
NEW YORK CITY DISTRICT COUNCn.. OF CARPENI'ERS
MICHAEL R. Bn.ELLO
Sec:relBry-Treasurer
WU..LIAM S. LEBO
President 395 HUIlfJOI'( STREET
NEwYOIU<. NY10014
MICHAEL P. CAVA,"fAUGH PHONE: (212) 366-7500
Vu:e-Preoidmt
FAX: (212) 675-3118
CHARGE FORM
INSTITU'lEDAUGUST Unr. 188l
For violation of: Constitution, Scctioru;(S) SI(A) insert applicable subsection))

""f
separate sheet if more space required):
.& 29(t)Z
'(flaw-
Witnesses to this violation are: /l3a.1roe11? alelh
(I'!ame)
1ttdrae2 p.

(Name)
2010 United Bmtberbeod Cpps!jtutioual Violations (Sec. 51A)
o (1) Causing dissension among the members of the United Brothel'hood.
o (2) Advocating division of the funds of the United Brotherhood or any subordinate body thereof.
o (3) Advocating separation of any subordinate body from the United Brotherhood.
o (4) Misappropriating the funds of any subordinate body, or any moneys entrusted to him or her by a member
or candidate for the account of any snbordinate body.
o (5) Improper harassment of any member of the United Brotherhood.
(6) Defrauding the United Brotherhood or any subordinate body.
o (7) Furnishing to any unauthorized person,. without the consent of the Local Union, a list of the membership.
o (8) Divulging to any unauthorized person, fue business of any subordinate body without its consent.
Brotherhood.
o (10) Failure to meet transfer procedures before going to work in a locality where a strike or lockout is
o (11) Lumping for any owner, builder, coutractor, manufacturer or employer.
o (12) Vio]ating the obligation.
o (13) Soliciting or accepting conlrihUliolls, l,y a candidate for iilly elective office or position, from other than
members of the United Brotherhood.
. 2011 NXCDCC BY-Law Violatiops
o (3) Act.ing in Contravention of objectives of District COlmcil.
o (4) Acting Inconsistently widl Power and Policies of District Comlcil.
(5) Acting mconsistently with the Powers and Duties of Delegates to the District Council.
g (10) Failure of Executive Secretary-Treasurer to carry out his duties in a proper manner.
(12) Acting mconsistently with the Powers and Duties of the Executive Committee.
o (13) Failure of Trustees to carry out their duties in a proper IlJilI1Uef
o (14, 15) Failure to comply with Rules concerning working dues, dues check-off. special assessments, per
capita tax, and mombly dues.
o (30) Failure to comply with Rules concerning initiation fees.
o (31) Failure to comply with Rules concerning working cams.
o (32) Failure to comply with Rilles concerning Represl'DtaDves and Organizers.
o (34) Failure to comply with Rules concerning timing of lawsuits against Disnict Council, its officers,
representatives, or affiliated Local
o (38) Failure to comply with Rules of the Job Referral System
o (39) Failure to comply with Rules concerning the Appointmem of Stewards
t8l __________________
I
-----
NEW YORK CITY DIS'IRlCT COUNCIL OF CARPENTERS
WII.LlAM S. LR80
Preside11t. 395 HulJ'KJN STREET
NEW YORK, NY 10014
MICHAEL P. CAVANAUGH P:lroNE: (212) 366-7500
Vtee-Presidebt
INSlTI'VTIIDAUGUST12.'lJI. 1IIB1 FAX: (212) 675-3118
CHARGE FORM
UBC#: ________ _______
For violation of: Constitution, Sedions(s) SI(A) insert applicable subsection
LocalICouncilByJaws S.x. 3x
)'K,.JhfLe S(g)3j .

ate Location) U
ate sheet if more space required): The facts of the violation are as fo iW: (attach s
Witnesses to this violation are:
(Name) (Local UDion)
Mltft!Nl'1 <:.1, LeixJ

P1C
._-- ..--.. . .
.-------_..._-- - . --- --- - ..-
-----
,.---- -
2010 UDited BntberbaodConsdmtkmal VioJarlons (Soc 51A)
o (1) Causing dissension among the members of the United Brothemood.
o (2) Advocating division of the funds of the United BrotheIhood or any subordinate body thereof.
o (3) Advocating separation of any subordinate body from 1he United BrotberllOod.
o (4) Misappropriating the funds of any subordinate body, or any moneys eutrusted to him or her by a member
or candidate for the account of any subordinate body.
o (5) Improper harassment of any member of die United Brothernood.
~ (6) Defrauding the United Brotherhood or any subordinate body.
o (7) Furnishing to any unauthorized person, without the consent: of the Local Union, a list of the membership.
o (8) Divulging to any unauthorized person, the business of any subordinate body without its consent.
Brotherhood.
o (10) Failure to meet transfer procedure5 before going to work ina locality where a strike or lockout is
o (U) Lumping fur any owner, builder, contractor, manufacturer or employer.
o (12) Violating Ihe obligation
o (13) Sulicitiug or aCl:epliug t:uulrilmlions, by it l"audiilale for Imy pll:'t.:live offiep or posilion, from odIe.' dIan
members of Ihe United Brotherhood.
2011 NYCOCC By-Law Violations
o (3) Acting in CoIItravention of objectives of District Council.
o (4) Acting Incollsistemly widl Power and Policies of District Counci1.
t:8l (5) Acting Inconsistently with the Powers and Duties of Delegates to the District Council.
& (10) Failure of Executive Secretary-Treasurer to carry ombis duties in a proper manner.
:g] (12) Acting Inconsistently with the Powers and Duties of thE' Executive Committee.
o (13) Failure of Trustees to carry out their duties in a proper manner.
o (14, 15) Failure to comply with Rules couceming working dues, dues check-off, special assessments, per
capita tax, and monthly dues.
D (30) Failure to comply with Rules concerning initiation fees.
o (31) Failure to comply with Rules concerning working cards.
o (32) Failure to comply with Rules concerning Representatives and Organizers.
o (34) Failure to comply with Rules concerning timing of lawsuits against District COlIDciL its officers,
representatives, or affiliated Local Uwom.
o (38) Failure to comply with Rules of the Job Refen:al System
o (39) Failure to comply wi1h Rules concerning the Appoinbnent of Stewards
~ Otber:_2&=.L9__~ ______________
I
/.
/
......--_:1
Exhibit 5
Limnl - Daniel J. Fran:;o ani Robert Makowski v. William S. Lebo, # 1... https:llnnil.google.cominnillulOl?ui=2&ik=ceafc95719&View=pt&q= ...
Daniel J. Franco and Robert Makowski v. William S. Lebo, #12-7-040
Marilee Loeffler <Mloeffler@doar/aw.corTl> Mon, Aug 13, 2012 at 1 :35 PM
To: danieljfranco1@gmail.com, bobmakski@hotmail.com
Cc: MackandTCstaff <MackandTCstaff@doar1aw.corTl>
Mr. Franco and Mr. Makowski:
Attached please find a copy of the Plea Form and attachments that our office received today in
response to your charges against the above noted party.
If you have any questions, please do not hesitate to contact us.
Marilee C. Loeffler
217 Broadway, Suite 707
New York, NY 10007
212- 619-3730
~ 12-7-040 William Lebo Plea Form and attachments. pdf
. 1259K
3/1212013 8:17 Pl\
10fl
.................'
Ii'
PLEA FOR
Walter Mack, Trial Committee Chairman
New York, New York 10007
Date: July 27. 2012
Caption: 12-7-040 Daniel J. Franco and Robert Makowski v. William S. Lebo
Dear Mr. Lebo:
You are being charged in a matter before the Trial Committee of the District Council of
New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America.
You must enter a plea by filling out this form and returning it to the Trial Corrunittee
Chairman by AUl!ust 14, 20ll. Mail the Plea Form to the address at the top of the form.
Your plea: ,A' NOT GUILTY o GUILTY
UBC#:
Print Name:
Signature:
Regardless of yOW' plea or even if you do not return this Plea Form, you will be notified when the
hearing of your case will take place. You should plan to appear on the hearing date to present
evidence and arguments to defend yourself. Even if you plead Guilty, you should present your
side of the case to assist the Trial Panel in determining a fair penalty.
Whatever your plea, you have the option of filing a sworn statement, with or without
exhibits, to the Trial Committee Chaimlan to help defend or explain your position by August 21,
2012. Whether you do so or not, you should still plan to be present on your hearing date. The
Trial Committee Chairman will send a copy of your sworn statement to the Charging Party.
If you have any questions, please do not hesitate to contact Mr. Mack. The office number
is (212) 6 t 9-3730 and the e-mail addressisMackandTCStaff@doarlaw.com.
If you would like to contact the opposing party, please do so through the Inspector
General's Office at 395 Hudson Street, 9
th
Fir. New York, NY 10014; the e-mail address is:
dccharges@nycdistrictcouncil.org
r:
To: Walter Mack, Trial Committee Chairman
From: William S. Lebo
President NYCDCC & Asst. to the EST
Dear Trial Committee Chairman:
C/CHARGES
In answer to the charges against myself, William S. Lebo, as well as, the charges filed against EST Michael
Bilello, by member Dan Franco, I find these charges to be erroneous, without merit, and frivolous.
In the fjrst instance, the trial committee must dismiss these charges according to the USC Constitution
Section 52 D (1) which states;" The Executive Committee SHAU (emphasis added) dismiss any charge
alleging a violation described in Section 51 A that is filed more than six (6) months after the date the
violation occurred or reasonably should have been discovered; any charge alleging a Bylaw or Trade Rule
violation that is filed more than Thirty (30) days after the violation occurred or reasonably should have
been discovered; and any charge that the committee determines is without sufficient foundation or
does not conform to the provisions of paragraphs Band C above.
It is clear by Brother Franco's own admission that he believed on January 12, 2012 that these alleged
violations occurred and which he was aware of seven months ago or more than six months ago. The UBC
Constitution clearly gives the trial committee no choice but to dismiss these charges under the USC
Constitution section 52 D (1l.
In answer however, to the erroneous charges that the EST Michael Bilello" hired" me without interview
or without going through the human resource process is in violation of the numerous bylaw sections
that Brother Franco refers to I submit the following:
In the Bylaws of the New York City District Council of Carpenters under Section 10 {N} the Executive
Secretary-Treasurer may when he deems it necessary and subject to approval of the Executive
Committee, delegate in writing(such writing to contain a detailed description of the delegation and to
have been submitted to the Executive Committee prior to approval) any of his authority to a District
Council employee or Officer with the requisite skill, experience and training to efficiently and
competently perform the assignment. Compensation for services rendered in this regard shall be
reasonable and appropriate and consistent with the compensation for equivalent work performed by
District Council employees and subject to approval of the Council Delegate Body.
This is exactly what was done by the letter of the Bylaws which is documented in the Executive
Committee minutes as well as the Delegate meeting minutes, which are herein attached.
In the second paragraph of Brother Franco's charges he states:" On January 12, 2012.,1 was con"..o:;\.ed by
a local union delegate to the NYCDCC via phone. The Delegate explained to me that the night before at
the January 11, 2012, NYCDCC delegate meeting EST Bilello made a motion to hire President William
Lebo as an assistant to the EST. The motion was questioned by a few delegates, but ultimately was
approved without opposition."(Emphasis added).
Yet in Brother Franco's charges. he states, under bylaws section 10 H; not recommending or seeking
approval from the executive committee, which is clearly contradicted by the minutes of the Executive
Committee meeting on January 11, 2012.
Also, he claims, violation under Section 12 0, that there was no recommendation by the Executive
Committee to the Delegate Body, which is clearly false according to the minutes of the Delegate
meeting held on January 11, 2012.
Also before these delegations of authority were decided on, the Review Officer was consulted to make
sure we were not in violation of any rules in the Bylaws as well as the Consent Decree.
Furthermore, when deciding on compensation we went as far as to refer to the salary bands in the
human resource manual.
Also for your information only, when you figure out the hours I put in at the District Council weekly. and
divide it into my compensation, the wages come out to approximately $60.00 an hour. A General
Carpenter Foreman is at approximately $52.00 not including any bonuses he/she might get for bringing
a job in on time. With the responsibilities of the jobs I have been delegated are taken into consideration,
the salary is far from unreasonable.
Brother Franco does not know what my requisite skill, experience, and training are. Therefore his
allusion to my lack thereof is completely and utterly his opinion. In fact I doubt very seriously that he is
even aware of what delegations of authority the EST has delegated to me.
Furthermore, Brother Franco also alludes to an Assistant to the EST three day, which doesn't exist. I
assume he is referring to the three day process that the business representatives and organizers attend,
if this is the case he is once again mistaken.
Brother Franco, clearly and obviously only wishes to recognize the sections of the New York City District
Council of Carpenters Bylaws that he wants to recognize. His accusations completely disregard the
authority given to the EST in Section 10 (N) of the NYCDCC Bylaws. He also seems to want to disregard
Section 4 (B} ofthe Bylaws which states; "The &11 plenarvpowerand authority (emphasis added) of the
District Council is hereby vested, without limitation. (emphasis added) in the Delegates to the Council
that shall collectively form the Council Delegate Body". This alone gives the Delegates to the Council the
authority to approve the EST's and the Executive Committees recommendation to delegate the EST's
authority to an Officer.
As I'm sure you're aware, Dan Franco ran in the past election for the position of Executive Secretary
Treasurer. As I'm also sure you're aware. the EST Michael Bilello won the election against Dan Franco.
For the first time in our Council's history, certainly that I can recall, we have a man at the top of our
Council, who is honest, who has integrity, who has the tenacity to fight against organized crime, who has
the real intention to move our union forward in the best interests of our membership, and who has the
history of all the above. These charges in my opinion are frivolous, childish, and nothing more than sour
grapes on the part of the losing party in said election. It is with deep sadness that I have had to answer
to these inane charges.
R.esp d,

'7/1' William S. lebo
President NVCDCC &
Assistant to the Executive Secretary Treasurer
UBC # 3467-5797
Email: blebo@nycdistrictcouncil.org
:tl

(II The Executive
violation <lescrihed in I A lhat IiIct1 mOle
:I (6) months alier the d:lte the violUljon or reaS[}fmQIY
should hllV\! been any charge alleging ;1 Bylaw or
Trade Rule l,I;olalion Ih1l1 i:; lik:u Ihan tlmlY (30) days

after the violation occurreci or reasonably shoulu have
discovered; lInu tmy ..:hargc Ihal the Commillcc determines

is without fOlilldaliOll or not conform 10 tilc
provisions or Paragraplls B tllld C above.
:tI
(2) If the EXL'Cutive Committee dctennines thm charges conl{)rm
10 the provisions of Paragraphs B Md C above, the
:ttl
shall he notijjC{! in writing to appear (he Executive
10
:II
The Executive COlllmiltee may dismiss Ihe charges lor 11
:I rt.'asol1 staled in Panlgmph ! above or bCi:allse the accuser
Illils III apl)I;ar hdhrc tile [,li,f.:ClltIVC COIll!11iILCC alkr beillg
lIo(ilicd in writing In appear the Committee.
::fi
(b) The Execulive Committee may retc)' the cimrgl.!s for (rialto
:I
Ihe Locol Union or District or Regional COLIIlCil, or 10 the
Trinl COJl1l11illee orthc Illutistriul COUIlI.'.i!.
:lI (c) A Locul Union, District Council.
Council
::.rI
:;I
Ihan,m
The w<ljvcr musl rccite the Sections
:$I
viofo.lted an(llhe spccilic.:atiolls lor the char!?!,,');.
E /\11 ch<ln.:.:s to a Loc'll Un;IJIl. Diwict Council, or
=I
(kgional nlllst he read cit a ll1L"C!ing. and Ihe member must
........
.......,
(,)
1""'\ IE

j=;:,)l
'j .\! ,"__..'I ..-"'" I \11
1..)) --. I I
\\ !' !H
flilJG
C/CHARGES
Executive Board Meeting Minutes
January 11, 2012
Meeting commenced at 3:00 p.m.
John Ballantyne explains tonight's agenda.
Roll Call:
Michael Bilello
William Lebo
Michael Cavanaugh
Paul Tyznar, Recording Secretary
Paul Capurso
Matthew Walker
William O'Flaherty
Jack Mitchell
Dennis Walsh
Richard Roth
Scott Danielson
Adam Harkin
RObert Villalta
Raymond Harvey
Christopher Wallace
losh Leight
Tom Garrison
The meeting is called to order by john Ballantyne (Reads preamble)
1
On question. Raymond Harvey asks, "What about those on the out of work list?"
Brother lebo says only those missing work. Dennis Walsh says they will get $75.00 per day.
Josh Leight spoke with Sal Tagliafero. Those on unemployment could forfeit the
unemployment. Sal Tagliafero is recognized.
Sal states that the Law says if compensated they will get reduced unemployment (405)
Brother Lebo explains more.
Brother Tagliafero rebuts with three days.
Christopher Wallace says its $200.00 max for the whole month. There may be more meetings.
Dennis Walsh is amenable to start again going forward from today. A motion is made by E.S.T.
Bilello and seconded by Michael Cavanaugh to compensate the delegates for attending the
meetings on January 9
th
and 10
th
The motion is carried.
As per the Bylaws, E.S.T. Bilello appoints William lebo as Trustee (to all Benefit Funds).
Christopher Wallace seconds the appointment. Brother Bilello also appoints William lebo as
assistant to the E.S.T. (reads off job description) $185,000 plus 5% or minus 5% per year.
Dennis Walsh states under 5B of the Stipulation and lON of the Council By-laws. This is not the
hiring of William Lebo, so entered.
A motion was made by Michael Cavanaugh and seconded by Christopher Wallace.
Brother Wallace move to Trustee motion and asked if this is for all Trust Funds. E.S.T. Bilello
says it is for all Trust Funds.
E.S.T. Bilello appoints the Committee of Advisory to Collective Bargaining. The Committee will
include all Executive Delegates, Paul Capurso, Sal Tagliafero, Daniel Walcott and Stephen
MCinnis, upon approve of the Delegate Body. A motion was made by Raymond Harvey and
seconded by Michael Cavanaugh.
Reports:
Matthew Walker reports on the Shop Steward Review member. Robert DonofriO steward skills.
They have been suspended but Is under investigation and should be considered for
reinstatement.
EST. Michael Bilello reports on the Collective Bargaining Committee he says all Executive
Delegates are on the Committee and wants all Locals represented in negotiations. Collective
3
The motion to have a stipend of $125.00 per meeting for non-staff Committee members with
the maximum of $300.00 and is seconded by Christopher Wallace. The motion is carried.
Dennis Walsh says this is a contingent outcome to be dealt with in an as needed basis. He then
states, upon review this will have to be dealt with now.
E.S.T. Bilello states that some have already said they couldn't do it due to work. Maybe try to
schedule the meetings later.
A motion was made by Michael Cavanaugh and seconded by Paul Tyznar to make those on the
C.S.A. Advisory Committee (non staff) to receive wages only for lost time and meeting to be
schedule as late as possible.
Raymond says he and Robert gave up good jobs and took less money and would like
consideration for more money.
Dennis Walsh says under 58 it must be reviewed.
President lebo instructs Brother Harvey to have his proposal forwarded for review.
Brother lebo asks if there is any other business.
Meeting adjourned at 4:00 p.m.
Faithfully Submitted,
5
- .. - - . ~ . - - - - - - - - - - -
&8 W
Full Body Delegate Meeting Minutes Uu r8)G 1 3
January 111 2012 NvtoC/CHARGES
Meeting was held in the 2
nd
Floor Common Room of the labor Technical College at 395 Hudson
Street. The meeting commenced at 4:00 p.m.
The meeting was called to order.
John Ballantyne opens the meeting.
The Chair instructs the Warden to take charge of the door and all to rise for the salute to the
flag.
Roll call of officers:
E.S.T. Michael Bilello, President William lebo and Vice President Michael Cavanaugh, all
present.
Minutes of the January 9
th
& 10
th
, 2012 special called C.S.A. meeting are distributed to all
delegates.
john Ballantyne asks all to take their seats.
Tonight's proceedings will be recorded.
The meeting opens with the preamble.
The Conductor reports all non members and asks all to rise and recite the Pledge of Allegiance.
The Warden is instructed to take charge of the door.
A motion was made by Chris Parzych to suspend to suspend the regular order of business and
install the officers. The motion was seconded by Raymond Harvey. The motion is carried.
John Ballantyne - First day - This is a great opportunity. He said he had a wonderful experience
and has met an impressive staff, good members and trade unionists. Thanks to all for their kind
counsel.
John Ballantyne will install Executive Officers who will then take office. The officers are sworn
in. Brother Ballantyne has the Executive Officers take their stations as per the Constitution.
Presentation of a gavel was made to President William lebo.
1
Presentation of a pen set was made to E.S.T. Michael Bilello.
E.S.T. Bilello thanks John Ballantyne.
President lebo, under special order installs Officers and Delegate Body. The officers being:
Warden- Phillip Fiorentino
Conductor- Scott Belford
Trustees: Joseph Nina
Turlough Noone
Sean Doonan
Roll call of all officers is made by William lebo and all are present.
A motion is made by Michael Bilello for Paul Tyznar to be Recording Secretary. The motion is
seconded by Christopher Parchyz. The motion is carried.
Brother Joseph Sabatino asks if it will be for all meetings.
E.S.T. replies yes, for all meetings.
Bro.Greg Kelty asks shouldn't the E.S.T. do the work assigned to Paul Tyznar? No, he can
delegate the work.
Communications & Bills
Lawyers, Journal Ads, etc...
Bro. Paul Tyznar explains $500.00 and $1,700.00 for advertisements in the law Journal for
R.F.P:s for legal services. A motion was made to approve the amounts by Marty Flash and
seconded by Daniel Sessa. The motion is carried.
Staff Changes:
Josh Leight, Chief Compliance Officer.
Josh addresses the delegates. He is a Lawyer and Compliance Officer. Under the By-Laws he is
Chief and Scott Danielson is Deputy Compliance Officer. He will implement rules, training
mechanisms, review member services, assistance and guidance.
President Lebo says it's a new day for the Council. The past IS a dark one and IS looking forward
to an end to abuses. We will make a difference and we have a bright future. We will be the
2
best District Council in the world. Thanks to Dennis we have eradicated corruption. This is the
NYC District Council's time to shine.
Reports of Officers-
Brother Edward McWilliams' Report:
Brother Edward McWilliams gives his report. He discusses Amalgamated. (Report on File) He
congratulates our new leadership on this milestone and pledges to support the new body. We
will have heated debates, but in public (media & industry) we must be united as one. We are
counting on this administration's success.
Brother McWilliams goes over LU339, LU355, and LU175s raiding. Amalgamated is run by
Angelo Bisceglie. Some Local 1456 members were passionate about the Locals dissolution; we
all care about our Locals. Some signed a petition for representation from Urban, Trevcon &
Reicon. Phoenix withdrew. Amalgamated is in West Patterson, NJ at Bisceglie's office.
I.U.P.A.T. is supporting this. Over 1 million dollars to divide our Union and destroy our Funds
from I.U. P.A.T. We believe there are also developers trying to crack this house.
N.L.R.B. hearing info - Brian Gunderson testified against our Union.
Urban has carpenters but they have been excluded in this petition.
A letter sent by Michael Bilello, William Lebo and Michael Cavanaugh regarding Amalgamated
has been sent to our members letting them know of their commitment to work with the
Dockbuilders and all locals in the District Council. Pamphlets have also been handed out to the
members.
We will go over their propaganda and set the record straight with the facts.
Some content on the Amalgamated website asks for donations to Amalgamated. Brother
McWilliams informs us Dominic lavacca is head of their Contractor Association.
He also explains the effect on the Benefit funds of our Union if Amalgamated succeeds.
There are letters on file from LU.P.A.T. and the Building Trades.
The Dockbuilders won't fold up or give up on us. We must stay in solidarity, united as one and
correct our problems as one organization. Over the next few months we will all develop an
organizing plan.
Amalgamated had a meeting at Leonards of Great Neck and we were there. Some of our
contractors were also there. Dominic Lavacca and John Holt were speakers. Midhattan,
Paragon, Ignelzi, Prince etc... We confronted them head on.
Bro. Christopher Parzych asked if Gunderson was charged.
Eddie says yes, John Holt possibly too.
Bro.Thomas King asks if there would be a demonstration tomorrow.
Eddie says yes, tomorrow night at 4:00 p.m. (mandatory participation) at 850 62
nd
Street,
Bayridge.
Bro. Greg Kelty agrees we must fight. Page I, Section lA of the Constitution is quoted.
Brother McWilliams says we have to go after Amalgamated not argue the past.
Greg replies true but tell McCarron he violated his Constitution.
E.S.T. Bilello says this is a serious matter. A Perfect Storm, Trusteeship, Contracts and
Amalgamated. The Executive Committee put forth a motion spend appropriate and necessary
funds to campaign against Amalgamated Carpenters/Dockbuilders Union. In an effort to
preserve our Union and to combat those looking to attack our Council with all current policies
concerning Council expenditures and approval by the Review Officer will continue to be
followed. The motion is seconded by Bro. Adam Harkin.
He also makes a motion for the delegates that were working and lost wages to be compensated
for eight (8) hours pay, providing proof of lost wages by their employer for the special called
meeting on January 9
th
and 10
th
, 2012 to discuss and evaluate pending C.B.A's. Both meetings
lasted longer then a work day. The motion is seconded
Bro. Joseph Sabatino asked "unlimited funds"?
LS.T. replies they are to be reviewed by the Review Officer and reported to the Delegate Body.
President Lebo also replies monies will be with the approval of the Review Officer.
A motion was made to accept Brother McWilliams' report. The motion was seconded and
carried.
4
Bro. Christopher Wallace - Regarding the G.CA. In our agreement there is a promotional fund,
they can't use that money against us and maybe Rosen is using that money. We should explore
this.
President Lebo - For the Dockbuilders -Ive had long standing ties to the Dockbuilders. We will
do everything we can to end Amalgamated and keep our dockbuilders with us. Bro. Joseph
Geiger andBro. Edward McWilliams are doing a great job, including all Reps. and Organizers.
Brother Scott Danielson's Report (Inspector General):
Brother Danielson congratulates our new leadership. He says he met with the Officers and
Compliance Officer Under Section 27 & 28, 5B(7) and states we must all work together. The
members need to be able to report to the I.G.'s office.
Brother Danielson says we must increase hours and market share. He also reports on drug
testing information.
A motion was made by Bro Michael Rodin to accept Brother Danielson's report. The motion
was seconded by Bro. Raymond Harvey and so carried.
President Lebo - Amalgamated -Bro. Tom Garrison and Bro. John Ballantyne are working
timelessly.
Brother Paul Capurso's Report:
Brother Capurso congratulates all new Officers and pledges his support for all members.
Business Representatives are on campaign and on dockbuilder jobs and asks everyone to please
assist them.
A motion was made by Bro. George LaMontagne to accept Brother Capurso's report and
seconded by Bro. Christopher Parzych and so carried.
There will not be a report this month from the Director of Operations, Matthew Walker.
E.S.T. Michael Bilello's Report:
Brother Bilello thanks everyone and says he won't change. His goal is to make the Council work
for its membership.
He thanked Bro. John Ballantyne earlier and said Brother Ballantyne conducts himself well. He
also thanks the delegates for attending the meeting on January 9
th
and 10
th
and says they
worked well and gave concerns and paSSions in the interest of rank and file. It shows when all
are brought into fold and make points that it benefits our members. It's an about hard work.
5
- . - . - - ~ ..-------------
th th
Brother Bilello reads the minutes from the two day C.B.A. classes (January 9 & 10 ).
He also makes a motion for the delegates that were working and lost wages to be
compensated for eight (8) hours pay, providing proof of lost wages by their employer for the
special called meeting on January 9
th
and 10
th
, 2012 to discuss and evaluate pending C.B.A's.
Both meetings lasted longer then a work day. The motion is seconded by Bro. Thomas King
On Question:
Bro. Greg Kelty - all delegates should be paid, it costs money and time. Bro. Craig Johnson
seconds it.
Bro. Guy Collins - some came late and that's not fair.
Bro. Patrick Nee - You would then pay some Representatives if everyone gets the stipend.
The problem is unemployment.
Bro. Levi Messinetti - If you are on unemployment and you go, you miss a possibility of getting
a job for days.
Bro. Craig Johnson - I came both days and if unemployment asks, I'm screwed altogether if I
respond truthfully.
E.5.T. Bilello - Delegates were notified of the meeting late. Some complained why not
Saturday? Why not four (4) hours at a time? Etc... We are trying to do the best we can. There
was a lot involved. All Delegates that were working should be paid. We can revisit this in the
future.
Bro. Joseph Geiger, President and Delegate (loU. 1556) - Took attendance of his Delegates.
Bro. Sal Tagliafero, President (LU. 926) - Took attendance
Bro. Christopher Wallace, President and Executive Delegate (LU. 20) - Took attendance (two
delegates in attendance, one after work)
Regarding unemployment - Being on the out of work list means you are ready, willing and able
to work. If you didn't turn down work you can be paid.
Bro. Guy Collins - Need a letter from employer?
Bro. Andrew Mucaria took attendance.
Bro. Kevin Fleming - Took attendance (all five present, left early first day)
6
Bro. William Walsh - Sign paper and have Review Officer check it out.
Bro. Sal Tagilafero - A fair days work for a fair days pay, living wage.
Bro. Patrick Nee - What is proof? Pay stubs, etc...?
Bro. Kevin Fleming - Were they notified? (Yes) Was it mandatory? (No, requested)
A motion was made to pay lost wages.
All in favor of main motion? Original motion is carried. No opposition.
E.S.T. Bilello - New set of responsibilities. We must get contract in place.
C.B.A. Advisory Committee (Executive Delegate from each Local): Plus, Sal Tagliaferro, Daniel
Walcott, Stephen Mcinnis & Paul Capurso. This is the recommendation of the Executive
Committee. Kevin Corrigan respectfully declined. Sean Doonan respectfully declined. We will
look for local 157 rank and file in the future. A motion to approve the members of the
Committee is made by Daniel Sessa. The motion was seconded by Marty Flash. The motion is
carried.
Bro. Pat Nee - No Local 157 members? (As it stands, Paul Capurso, Stephen Mclnnis and
Michael Bilello) He will exercise his right to put one into place.
President Lebo - Appointments were well deserved.
Bro. Thomas King - All Locals have representation through the Executive Committee.
Bro. Guy Collins - Let Tom McGonnigle represent the Local.
E.S.T. Bilello will take under conSideration. Move the motion. The motion is carried.
Brother Bilello - The blue card is dead but as with the contracts it opens a new set of issues.
We must figure out how to collect assessments.
Bro. Bill Walsh - Can Brian Brennan be reinstated?
Brother Bilello - It may be happening. I will get status. As E.S.T. he will do what he can to the
best of his ability.
On Amalgamated - Brother Bilello thanks Brother McWilliams for his report. He was at the
Building Trades with Bro. Stephen Mcinnis to introduce himself. He pledged solidarity with
other trades and concerns over Amalgamated. They pledged to support us 100%.
7
--_..._-_.j
E.S.T. Bilello - Under Section 10(N) of the Bylaws I appoint William Lebo as Assistant to the
E.S.T. (He reads the job description). Michael Cavanaugh makes a motion to approve the
appointment. The motion was seconded by Christopher Parzych.
On Question:
John Mesumuchi - On page 10(N), the E.S.T. will be assisted by the Director of Operations and
Organizing.
The motion was carried.
E.S.T. Bilello makes a motion to appoint Bro. William Lebo as Trustee to aU Benefit Funds. The
motion is seconded by Bro. Joseph Geiger.
Elly Spicer - Current? Or to fill spots?
Answer - International Reps. resigned. The Labor Reps. are staying (Michael Bilello, Michael
Cavanugh, William lebo, Paul Tyznar, John Sheehy and Paul Capurso.
Joseph Sabatino - Will they be paid?
Answer No
E.S.T. Bilello - The duties for Bro. Bill is a long list. There is no shortage of work. Brother
McWilliams is immersed in work. Bill isn't infringing on Brother McWilliams but it's another set
of hands to get things moving in the right direction. There is so much to do. Every member
needs to be represented. He will be involved in everything that goes on here. We want it right.
He states Bro. Paul Tyznar is doing the minutes. He had 15 minutes to prepare. We want it as
professional as can be. Plus it's being recorded. We want to be thorough. If the E.S.T. had to
do it, it wouldn't be as accurate as having someone focusing on just doing the minutes.
On C.B.A.'s - It's a lot of work, it has to be done right. A lot has been done over the past two
days. We need to meet and get it done. Brother Bilello will be meeting with the G.C.A. on
Monday and spoke to the B.C.A. today. We are working on getting Legal Counsel. He thanks
the Delegates (Brothers and Sisters).
A motion was made by Bro. Joseph Geiger to approve E.S.T. Bilello's report. The motion is
seconded by Bro. Dominic Baressi. The motion is carried.
Vice President Michael cavanaugh's Report:
8
Brother Cavanaugh - It's an honor to represent this membership. Thanks to the Delegates. The
first day was rough but by the end of the second day, lots got done. We are vulnerable. We
need the contracts done. We can be the greatest Construction Union in New York City. It starts
here. For the good of the members we have to make it happen. Work together. You can't let
another union attack the N.Y.C. District Council. You have to be the conduit to your members.
We will crush them.
Bro. Tom King makes a motion to approve the report. The motion is seconded by Bro. Dominic
Baressi. The motion is carried.
Good of the Order:
Bro. Bill Walsh - Will there be a member gallery at all future meetings?
President Lebo - Yes, like tonight.
Bro. Joseph Sabatino - Will the meetings be held the 2
no
Wednesday at 5:00 p.m.?
President lebo - The next Delegate meeting notification will be made. Sorry for the short
notice.
Bro. Patrick Nee - What about the remaining contracts being posted.
Bro. Paul Capurso - They will soon be up on the website.
Bro. Joseph Sabatino - What will the schedule be? 2
nd
Yes
Bro. Larry Orello - 5:00 p.m. works
Bro. George LaMontagne - Regarding Amalgamated, as delegate body, our contracts are
tabled, but they are on Jawin and Crains. We must not divulge our business to the public.
Bro. Guy Collins - Someone was taking pictures. It was Mesumuchl and Ballantyne did nothing.
Mesumuchi wasn't there Monday, but took pictures on Tuesday. How do we trust Mesumuchi?
Bro. Christopher Wallace - Good point. It's a violation of Section 51a (8) : It's so important to
make an example.
Bro. Guy Collins - I'll bring him up on charges.
Bro. Adam Harkin - Does this apply to all members?
'(es
9
Bro. Greg Kelty - Delegates are supposed to keep members informed, not report to Crains.
President Lebo - There is also freedom of speech issues.
Bro. George LaMontagne ... Good point but after they were voted on, it should be brought out.
Not to the press and not before the items are voted on.
Bro. Paul Capurso ... We want members to have the information on our site with secured access.
President Lebo Moves to the Good of the Order:
New Business:
Bro. Joseph Geiger - On behalf of Local 1556, Pledges support.
Bro. Patrick Nee - On behalf of Local 157, Pledges support.
Bro. Sal Tagliafer ... Congratulations and Pledges support.
Bro. Christopher Wallace - Goes without saying, some twelve years ago this month. Same
situation, we had high hopes, we know how it turn out. I know now we will do well with
Michael Bilello, Bill Lebo and Michael Cavanaugh.
President Lebo - We received a gavel from Brother Christopher Wallace
Bro. Michael Rodin - Pledges support and good luck
Bro. Kevin Fleming - Pledges support and good luck
Bro. Andrew Mucaria ... Pledges support and good luck
Bro. Pete Corrigan'" Motion to adjourn
Bro. Dan Dore - Who is the new President at L.U. 201 Response: It will be John Greene
Bro. Daniel Walcott ... Pledges Local 74O's support
Bro. Guy Collins ... Kick ass and do the right thing guys
Motion to adjourn.
Josh Leight ... Will there be an Audit Committee?
President Lebo - There will be an election for the Audit Committee. Notification wi\! be made
Josh - Two Delegates from body must be elected. They will review the information.
10
President lebo - Please sign in.
A motion was made to adjourn. The motion is seconded by Dennis Olenick and carried.
Meeting Adjourned.
11
Duties shall indude but are not limited to:
The management and supervision of all field activities of the District Council.
Supervise manage and co-ordinate Rep centers.
Regional Managers will work and co-ordinate operations through the Assistant and Council to the EST.
Restructure the Representative system.
Work to establish ongoing Representative training, starting with jurisdictional training and procedural
training for grievances.
Co-ordinate Representative Activities when needed.
Co-ordinate Representative Activities with Compliance Officer and or Inspector General when requested
by said offices.
Report to Executive Secretary/Treasurer in regards to field activities.
Co-ordinate and direct joint Representative and Labor Management Activities when necessary.
Co-ordinate and direct joint Representative and Organizing Activities.
Oversee Representative accountability.
Co-ordinate Representative Rotation.
Take Human Resource evaluation reports on Representatives and take appropriate actions if and when
necessary.
Co-ordinate Representatives with the Grievance Department when necessary.
Co-ordinate and confer with Councils General labor law and litigation Attorneys when necessary.
Supervise Organizing directives with the Director of Organizing.
Handle inter-trade personal relations.
Co-ordinate multi-trade organizing activities with the Director of Organizing.
Establish an Organizing Research Department.
Co-ordinate training courses for Organizers.
Report any deficiencies in Organizing to the Executive Secretary/Trea:surer.
Co-ordinate organizing activities with the Political Action Department.
Establish ongoing Steward Training Courses, (Contract understanding, Jurisdiction, Compliance).
To be Compensated under the NYCDC salary program band of Executive at the rate of $185,000.00 per
Annum which may be increased or decreased by 5% each year if such adjustment is approved by the
Delegate body and may not receive any other compensation from the District Council, other than fringe
benefits equivalent to those paid to rank and file members as set forth in the collective bargaining
agreement covering the greatest number of members.
Exhibit 6
ail - RE:Daniel J. Fran.:o aOO Robert Makowski v. Michael R. Bilell ... https:/Irmil.google.comlmtillulOl?ui=2&ik=ceafc95719&view=pt&q= ...
RE: Daniel J. Franco and Robert Makowski v. Michael R. Bilello, #12-7-039 and
Daniel J. Franco and Robert Makowski v. William S. Lebo, #12-7-040
Marilee Loeffler <Mloeffler@doartaw.com> Thu, Aug 16, 2012 at 3:53 PM
To: danieljfranco1@gmail.com, bobmakski@hotmail.com
Cc: MackandTCstaff <MackandTCstaff@doartaw.com>
Attached please find a copy of the Plea Fonn and attachments that our office received in
response to your charges against Michael Bilello.
Please note that there is a motion for dismissal resident within these attachments which should
be responded to.
I will also remind you at this time that the same is true regarding the plea fonn and statements
e-mailed to you both on Monday, August 13, 2012, against William Lebo.
If you have any questions, please do not hesitate to contact us.
Marilee C. Loeffler
New York, NY 10007
212- 619-3730
~ 12-7-039 Michael Bilello Plea Form and attachments.pdf
2653K
3/1212013 8:28 PM
lofl
Walter Mack, Trial Committee Chainnan
New York, New York 10007
Date: July 27, 2012
Caption: 12-7-039 Daniel J. Franco & Robert Makowski v. Michael R. Bilello
Dear Mr. Bilello:
You are being charged in a matter before the Trial Committee of the District Council of
New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America.
You must enter a plea by filling out this form and returning it to the Trial Committee
Chairman by AUlUst 14.2012. Mail the Plea Form to the address at the top ofthe form.
Your plea: bY' NOT GUILTY o GUILTY
UBC#:
Print Name:
Signature:
Regardless of your plea or even if you do not return this Plea Form. you will be notified when the
hearing of your case will take place. You should plan to appear on the hearing date to present
evidence and arguments to defend yourself. Even if you plead Guilty, you should present your
side of the case to assist the Trial Panel in determining a fair penalty.
Whatever your plea, you have the option of filing a sworn statement, with or without
exhibits. to the Trial Committee Chairman to help defend or explain your position by August 21,
2012. Whether you do so or not, you should still plan to be present on your hearing date. The
Trial Committee Chairman will send a copy ofyour sworn statement to the Charging Party.
If you have any questions, please do not hesitate to contact Mr. Mack. The office number
is (212) 619-3730 and the e-mail addressisMackandTCStafT@doarlaw.com.
Ifyou would like to contact the opposing party, please do so through the Inspector
General's Office at 395 Hudson Street, 9
th
Fir, New York, NY 10014; the e-mail address is:
dccharges@nycdistrictcouncil.org
Walter Mack, Chair Trial Committee
August 13, 2012
New York, NY 10007
Dear Sir,
In response to charges filed by Brother Daniel J. Franco, please dismiss all charges alleging violations of
the New York City District Council of Carpenters and Vicinity of the United Brotherhood of Carpenters
Bylaws as untimely. Section 52 D (1) of the UBC Constitution mandates any alleged violation of a Bylaw
or Trade Rule be dismissed if filed more than thirty (30) days after the violation occurred or reasonably
should have been discovered. By Brother Franco's own charges dated July 11, 2012, he was aware of the
underlying facts of his charges on January 12, 2012.
The charge of defrauding the United Brotherhood or any subordinate body should also be dismissed as
unfounded. Please find minutes of Executive Committee and Delegate Body meetings dated January 11,
2012, as well as a copy of the NYCDCC Bylaws enclosed.
Sincerely, ~
VlC'OIIA DI.IO
NOTARY PUBLIC-SlATE Of NEW YORK
Ne. OlDE62.U872
U-6279-8020
Quail" In Richmond County
My CommlulOn bpi'" Octobe' 17. 2015
'VV--+'<It t "'- D.zSI;'
' \ ..
BYLAWS
District Council for New York City and Vicinity of the
United Brotherhood of Carpenters and Joiners of America
August 5, 2011
..
, .
District Council for ~ e , y York City and Vicinity oC the United Brotherhood of Carpenters
and Joine" of America
PREAMBLE
WHEREAS, our aim will be to promote and protect the interest of our membership. to
devate the mont intellectual and social conditions of all working men and women. to assist
..:ach other in sickness and distress;
WHEREAS. we intend to encourage apprenticeship and a higher standard of s\cjll, to
.::ultivate a feeling of friendship, and to assist each other to secure employment;
WHEREAS. we shan aid and assist all organizations to uphold the dignity 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 faithful workers, performing their duties to their employer
with honor to themselves and to their organization;
WHEREAS, we resent the principle oropen shop association, and will continually
strive tor the enactment oflegislation which will enable us to achieve our objectives:
WHEREAS. realizing that a blow at one organization is a blow to all, we recognize that it is
our duty as union members to purchase union-made goods and patronize union shops and business
establishments whenever possible to do so;
THEREFORE. with the above-stated aims and principles in mind, the Local Unions in
the vicinity of New York. New York are affiliated into an organization known as the District
Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of
America in conformity with the provisions of the ConstitUtion of the United Brotherhood.
BYLAWS
:"iA:\IE Al"IJD TITLE
Section 1. This body is chartered and kno,Vtl as the District Council for New York City and
Vicinity of the United Brotherhood of Carpenters and Joiners of America (herein "Council" or
"District Council''). This Council is organized in conformity with the Constitution of the i.;nited
3rotherhood and shall exercise the powers and privileges of a Council under the ConstitUtion and
Laws of the t:nited Brotherhood.
WITH JUDICIAL ORDERS
Section 2. These Bylaws arc intended to confonn with any and all relevant provisions of the
Consent Decree, the Stipulation and Order entered on June 3, 2010, lnd any other Order entered in the
matter of United Slatu 'II. District Council et al., 90 Civ. 5722 (SONY) (R...'\<tB). A.ny provision of
these Bylaws that is inconsistent therewith shall be null and void, and of no rorce or effect
OBJECTS
3. The objects of this Council shall be to promote and protect the interest of our
membership through broadly democratlc institutions free of corrupt intluence, to encourage the
J.pprcnticcship system and higher standard of skill. to secure adequate pay for our work. to elevate
the standard of our craft, to cultivate a feeling of friendship among the members of this
Ilrotherhood. to assist our members in procuring employment and to protect our members by
ll!gal and proper means against any injustice that may be done to them. and improve the moral,
and intel1ecrual conditions of our members and all working people.
DISTRICT COUNCIL PO'VERS GENERALLY
Section 4.
(A) This Council shall be the central governing body over and shall have legislative
Jnd executive powers on all matters relating to the general interest and welfare of affiliated Local
Unions and their members. The Council shall establish working dues or monthly dues (that are
sufficient to operate the Council, 3S detennined by an assessment of the prior year's operating
.::xpcnses and the projected budget for the period under consideration) payable to the Council and
initiation fees. It snail have the power to collect and retain all fines levied by the Council for
VIolation of the laws. trade and other rules of the Council. The Council shall have the power to
issue the quarterly work card. It shall have the power to make agreements with kindred bodies or
orgaruzations and send Delegates to same whenever deemed necessary. The Council shall
have the power to hire, discipline. promote. and fire aU employees of the Council, including
Organizers and Representatives. in accordance with the established District Council Personnel
Policy, etTective January 31. 2011, 3S updated and amended (the "District Council Personnel
Policy"), No Council Officer or E:tecutive Committee Delegate shall receive salary or other
-:0mpensation or hold an elected or appointed position as an Officer of an affiliated local union.
Except for clerical employees of Local Unions, all persons employed on maners Within the
Jurisdiction of the Council. including Business Representatives and Organizers, shall be
of the CounciL person shall be an employee of an affiliated Local Union except for
persons employed in clerical positions, subject to the District Council Personnel Policy. Cpon
:lpproval of these Bylaws, all Local Union employment positions, except for clerical positions.
5hall cease to exist. Furthermore, the Council shall have all other powers provided for in the
9ylaws. The governance, finance and administration of the District Council and its affiliated 10eo.I
'.mlons shall at all times be in compliance with applicable law.
iB) The lUll plenary power and authority ofme District Council is hereby vested. without
limitation. in the Delegates to the Council that shaU collectively form the Council Delegate Body. ill
lccordance with Section 7 of these Bylaws, the Council Delegate Body shall be elected by the rank and
ti\e members of the United Brotherhood of cxh affiliated local Union. There shall be a total ofOne
HWldred (100) Delegates to the District Council from the local Unions. such Delegates to comprise the
Council Delegate Body. E3Cb local Union sball have at least one Delegate to the District Council. with
the remaining Delegates allocated proportionally ::unangst the Local Unions based upon the total
membership ofeach local Union :IS a percentage or the aggregate membership ofall local Unions of
{he District Council. The Council Delegate Body shall cxen:ise the authority granted to it in Section :5 of
these Bylaws by majority vote and each Delegate shall be elected for a tcnn ofthree (3) years. In the
-;v..:nt of a tie vote. the President shall cast the tie-bre:1king vote.
(0 These Bylaws and any other rules. resolutions and di.ret:tives adopted by the Council
shall govem and be binding on each Loc:ll CniOR affiliated with the COWlcil.
POWERS A..'ID DUTIES OF THE COt.."NCIL DELEGATE BODY
S\!ction S. The Council Delegate Body sh:ll.l have the following enumer:Jted powers and
Juties:
l..\) TIle Council Dcleg;1te Body shall have the c:or.clusive authority to consider. vore
upon and tinally make decisions on all matters atTecting the Council, as provided for in the Bylaws.
TIle Council Delegate Body shall also have authority to raise and finally resolve any matter within
the jurisdiction of the Council on its own initiative.
(B) Without limiting the COWlcil Delegate Body's responsibilities or authority, the
Council Delegate Body must:
1. ~ f e e t at least monthly and more often as prudence or ex.igent circumstances
may require to receive and review the Organizing Report. Membership
Retention Report, and Political and legislative Report as identified in
Section 22 below. and request additional infonnation as necessary;
..
Review and approve or reject by June 30 ofeach year the budget for the
Couneil for the following year;
Review and approve or reject, in advance. all expenditures of the Council,
including expenditures of the Council Officers, above Two Hundred Dollars
(5200); provided further that the Delegate Body may establish in writing
standing appropriations for designated amounts, not to exceed Five Hundred
DoUars ($500.00), for specific. recurring hills ofthe District Council:
Review and approve or reject. wuhin one month after they have been
inCtJ.IIed, aU expenditures of the Council. including expenditures of the
Council Officers. below Two Hundred DoUars (5200); provided further, that
the Delegate Body may pte-approve, in writing, expendirures for speCific
items wiUdn Two Hundred Dollars (S200);
Review and approve. reject or revise annually the overall organizing plan of
5.
the Council, which shall include. but not be limited to. information
.,
regarding industry targets, developments in ongoing programs, obsto.clcs
fa.ced and the involvement of volunteer organizing committees with
organizers in jobsitc 3ctions. and housecalls; notwithstanding any other
provision in the Bylaws. the overall organizing plan of the Council may be
::Ipproved by a simple majority vote of the Delegates, but only repealed by
two thirds vote of the Delegates;
6. Provide instruction to the Eitccutive Conunittee and review, approve or
reject aU decisions of the E.:{ccutive Committee;
7. Review and revise all draft contracts ofthe Coum:il and approve or reject all
such contr.lCtS prior to their exccution. including, but not limited to. those
.,;ontr.lCtS relating to the employment ofservice providers. outside lC!gal
counselor other professional advisors. No contract shall be approved Wllcss
the DistrictCouncll shall have issued 3. Request tor Proposal ("RFP', to at
t'::lSt nve (5) potential counterparties and received at least three (3) proposals
in response. In deciding ::unong the responses to an RFP and approving ;lny
conuact. the Council Delegate Body must consider the following factors.
:Jmons albers: The cost ofthe contract as compared to the other proposals
received. the qualifications of the counterparty (including prior experience
providing similar services). the reputation and integrity of the counterparty.
;.lOd any relationsbip(s) between the counterparty and District COWlciL
>!mpioyecs,. Officers or Delegates (which may be a factor warnmting
disqualification);
3. Review and approve or reject. in advance, all Collective Bargaining
Agreements following a recommendation &om the E."I(ccutive Committee. [f
a Collective Bargaining Agreement is rejected, the Delegate Body shall
promptly inform the Executive Committee in writing of any provision(s) that
caused. orwiU cause as indicated by a non-binding vote, in whole or in parr,
the rejection.
9. Approve or reject the appointtnent and removal of Trustees to the Trust
Funds and appoint and remove representatives to the Council's Rules and
Resolutions Committee. District Council Grievance Committee, District
COWlCil Election Committee, and such otbercommittee(s) it deems
necessary. Such appointments shall be based on the following qualifications.
:nduding but not limited to. training. ability, experience. reputation and
integrity, and absence of disqualifying conflicts ofinterests. The District
Council shan establish in writing the duties and responsibilities of each
Conunittee.
10. Review and approve or reject. in advance. the hiring (including the
;;ompensation and other tenus of employment), firing or discipline of
Council representatives and organizers. in accordance with the established
District Council Personnel Policy;
11. Appoint individuals to till vacancies in the positions of Chief Accountant.
Inspector General, Deputy Inspector General, Chief Compliance Officer.
Deputy Chief Compliance Officer, Director of Human Resources. Director
of Operations. and Director of Organizing, subject to the provisions of
Sections 10, 12. 13. 27, and 29;
1::1. As provided for herein, receive and review written presentations from rhe
Inspector Goenet:ll on the integrity ofthe District Council, including the
identification and status ofaU pending complaints and investigations
completed. subject to necessary precautions to protect the integrity of
ongoing investigations, as determined by the Inspector Gcmeral;
13. Quarterly, receive and review written presentations from the Chief
Compliance Officer on the implementation and administration of the District
Council's compliance and ethics program;
1'+. Quarterly, receive and review written presentations tram the Chief
.\ccountant on the status of the District Council's tln:lnccs and [he
implementation and administration orthe accounting and fmancial controls
program, as required by the policies andprocedures established purswmt to
Section 13(B) hereto;
I5. Quarterly. receive and review written presentations from the Director of
Human Resources on the implementation and administration of the District
Council's Personnel Policy;
{G. Review on a quarterly basis. through a subcommittee of the Delegate Body.
or more often as the Council Delegate Body deems appropriate, the District
Council's job refetml activities and records to determine that job referrals
are being conducted fairly and properly, in accordance with the Job referral
rules;
17. Establish an Audit Committee of the District Council that shall consist of the
liBe District Vice-President or his designee; legal Counsel: a Certitied
Public Accountant; the Inspector General; and two (2) Delegates from the
Counell Delegate Body (elected by the Council Delegate Body). -n1C Audit
Conunittee shall be responsible for monitoring compliance with the tinan.clal
requirements of the District Council Bylaws. reviewing the District
Council's fmancial systems and procedures, making reconunendatlons
regarding best practices on a periodic basis, monitoring the District Council
so that no fmancial fraud or corruption occurs. and shall meet no tess than
once every month. The Audit Committee shall report quanerly to the
Delegate Body or more frequently if requested to do so by the Delegate
Body. The Audit Committee may require any employee,. Officer.
Delegate to the District Council to appear the AudIt Comnuttee and
provide information as requested. The Comn'llttee shall develop
policies and procedwes for the Audit Comnuttee. which shall be subject to
I
.
.
.\
the approval of the United States Attorney's Office fOT the District
of New York (the "United States Attorney") and the Review Officer
:lppointed pursuant to the June 3,2010 Stipulation and. Order in (/lfited
Statu v. District Council. et al., 90 Civ. :5122. SONY (R.'\.lB) (the "Review
Officer" and the "Stipulation and Order," respectively). and set forth in a
separate document. lfthe Audit Committee does not submit such policies
;md procedures to the Review Officer tOT approval by March 15. 1012, the
R.wiew Officer may draft such policies and procedures tor approval by the
Cnited States Attorney. The Audit Comminee must conduct its activities in
;.lI:cordance with those policies and procedw1:s, and may not modify them
without the prior approval of the United States Attorney and. during the
Review Officer's tenure, the Review Officer.
1 S. 11le District Council's Trustees shall sign and submit to the Audit
Committec il written report on a monthly basis. or mon: frequently if
to do so by the Audit Committee. regarding all expenditures of the
District Council. including but not limited to. representing that the
approved and/or incurred. by the District Cowtcil are in
accordance with the District Council's E;'<pense Policy. Bylaws. nnd
applicable law.
TIle District Council's Chief Accountant shall report in writing to the Audit
Committee on a quarterly basis.
The Council Delegate Body may by a votc of two thirds ofits members
order an audit ofthe expenditures or financial condition of thc District
Council by an independent outside auditor. retained in accordance with the
requirements of Section of the Bylaws.
).:'0 Officer ofthe District Council may be appointed to the Audit
Committee. The term "Officer" shall not be interpreted to include
employees of the District Council, the Inspector General, the Chief
Compliance Officer or Delegates.
I C) .-\11 approvals. rejections or revisions by the Council Delegate Body must be
5upported by a majority of the Council Delegates after due conSIderation and diSCUSSIon of all
:e!evant pOUltS oiview, in accordance with the trBe Constitution and Laws andior recognized
parl1amentary procedure. at a meeting oithe Council Delegate Body. To the extent that [he COWlcil
Delegate Body withholds any approval required by SectiOlls 4(A) or 4(8) in advance of any action.
the District Council may not proceed with the proposed course of conduct.
I D) 'So approval by [he Council Delegate Body of any change in compensation tor a
District Council empioyee, or class of District Council employees, shall be effective until after the
next election of District Council Delegates ifthe affected. employee Ot' any member of the effected
dass of employees. is also a member of the Cmmcil Delegate Body.
"
lE) All Delegates oflhe Council Delegate Body shall be compensated at the rate of
Seventy-five Dollars (575) per meeting. but such compensation shall not e."{ceed Two Hundred
Dollan (S200) in any month. regardless ofthe number of meetings held.
IF) Delegate oithe Council Delegate Body shall be subject to ilny adverse
employment action. harussment. intimidation. thre3ts. or coercion by the District Council, the
Council Delegate Body or arry Officer thereof for exercising, in good faith. the 3uthority ot: or
fulfilling the duties of: a Council as provided for in these Bylaws. Any Delegate that
believes tirot he or she has been to a. violation ofthis section may tile a complaint with the
Chief Compliance Officer and the Inspector General. who shall conduct 3. joint investigation of rhe
merits of such complaint. Upon completion of that investigation. no later than ninety (90) days
following receipt of the complaint. either the ChiefCompliance Officer or the Inspector General
\ nay refer the matter to the Trial Committee. the Review Officer (to the extent such a Review
Officer is in place), or the United States Attorney. as appropriate. The foregoing siroll not limit any
Delegate's right to also tile a complaint with the General President ofthe United Brotherhood. .:IS
provided for under Section 53(G) of the UBe Constitution. [n addition to the foregoing, :lnY
District COlIDCil Delegate may tile a complaint with the Trial Committee Chairman and thereby
initiate an arbitration to be conducted before a consisting of the Trial Committee
Ouirman, Trial Committee Vice Chairman. and a third arbitrator to be chosen by the Trial
C IJmmittcc Chainnan and Trial Committee Vice Chairman. All decisions of said panel must he
supponed by substantial evidenCe and any party to the proceeding may seek review of a decision
with the District COlU1.
(G) Any Delegate, or the Council Delegate Body, may file a complaint or raise any
concerns regarding the District Council. its OfficCl'S. or the Council Delegate Body wlth the United
States Attorney. the Review Officer (to the extent such a Review Officer is in place). or [he
General President of the United Brotherhood. as provided for under Section 53(G) of the UBC
Constitution.
omCERS OFTHE COL'NCn.
Section 6. The Officers of this Council shall consist of President. Vice President.
Executive Secretary-Treasurer. Warden, Conductor. and three (3) Trustees (collectively. the
"Officers"). The term of these offices shall be three (3) years.
TI1e member serving as E:\ecutive Secretary-Treasurer shall be limited to two (2) tenns in
office. The only Officer poshion of the District Council that shall be compensated by salary shall
be the Executive Secretary-Treasurer position.
ELEcnONS
Section 7.
(A) Tne nomination. election and installation of Officer.; of the Council shall be
Cloverned by Paragraph 5 (k)(i)-(iv) of the Stipulation and Order and the rules promulgated
;;,
'7

i
.
,.
I
1
i
thereunder. any a.pplicable order of the District Court, the Constitution ilnd Laws of the United
Brotherhood, and in accordance with the following provisions:
lB) Candidates for President. Vice President, ilnd Executive Secretary-Treasurer
shall be elected by secret ballot vote of the membership directly. Candidates t'or Ward.:n.
Conductor and the three (3) trustees shall be elected by the Delegate Body. Candidates for 3U
such offices must be working within the bargaining unit represented by their Local Union. or
.:mployed full time within the framework oithe United Brotherhood ofCarpenters to be
\! ligible.
(C) Council Delegates shall be elected in a.ccordance with the Constitution of the
United Brotherhood. Council Delegates shall be elected for a tenn ot'thrcc: (3) years.
lD) Each Local Union president shall notify the Executive Secretary-Treasurer. by
(:I.'!rtilied mail. of the names of the elected Delegates before July 15t of each year. TI1c
Secretary-Treasurer of the Council shall notify these Delegates by mail that
nominations and elections of the Council Officers will be held at the regular Council meeting
in August. unless some other time is by the Review Officer, Court. or by
agreement of the parties to the StipUlation and Order entered June 3, ::!O 10.
(E) Absent the requirements of an order of the District Court. the nomination.
and installation of Officers of the Council shall be governed by the Constitution and
Laws of the United Brotherhood, and tbese Bylaws.
DUTIES OF THE PRESIDENT
Section 8. It shall be the duty of me President to preside at all meetings ofthe Council.
enforce a due observance ofthe Constitution and Laws ofthe United Brotherhood. conduct the
same according to parliamentary rules and perform such other duties as designated. by the body.
The President shall receive a stipend oi Three Hundred Dollars ($300) each month t'or the
perfonnance of said duties.
DUTIES OF THE VlCE PRESIDE."'ff
Section 9. The Vice President shall assist the President in the performance ofhis or her
duties and conduct meetings in his or her absence. The same rules are to govern as are applied to
the President. The Vice President shall receive a stipend of Two-Hundred Dollars lS200)
month fOr the performance of said duties.
DtJTIES OF TIlE EXECUTIVE SECRETARY TREASt;ru:R
Section 10.
rA) TIle Executive Se<::retary-Treasurer shall cause to be kept a detailed record of
.!ach Council Delegate Body meeting and a record of all roll-call votes cast by Delegates in
such meetings. keep all documents and correspondence, issue aU calls fOT a speCIal meeting-.
keep a record of an charges, trials, in accordance with the District: Council Charge and Trial
Q
'"
Procedures. and tines. take charge of the seal ofthe Council and affix same to all official
liocuments. sign all legal orders. keep a correct llccount between the Council and the Local
Unions. receive all monies paid to the Council and shall hold in his or her posscssion a sum
of money not to exceed Seven Thousand Five Hundred Dollars (S1.500) for exigellt
lawfully incurred by the District Council. The payment of such expenses must
be reported ill writing to the Chicf Accountant and Trustees within Forty-Eight (48)
hours of payment being rendered. He or she shall issue quarterly work cards to the atliliatc:d
Local Unions.
t B) The Executive Secretary-Treasurer shall, subject to the limitations and necessary
approvals contained within these Bylaws, be responsible for the management and supervision of the
6eld activities, business office(s). and for conducting the daily business of the Council. l1le
Executive Secretary-Treasurer shall assume: all ofthe duties ofthe Recording Secretary and
Treasurer. The Executive Secretary-Tre3SW'er shall be paid a salary of Two Hundred and
Five 1110usand Dollars {S22S.000) per annum which may be increased or decreased by rive
each yt!:1r if such adjustment be approved by the Delegate Body and may not receive :lny
ulher compensation from the District Council. other than fringe benefits equivalent to those paid to
rank and file members as set forth in the collective bargaining agreement covering the greatest
number of members.
(C) All monies paid into the Council shall be deposited by the Executive Secret::try-
Treasurer in the name of the Council in such bank or banks as properly designated by the
Executive Committee.
(D) The Executive Secretary-Treasurer shall furnish each Local Union with a copy
of the quarterly tinancial report of the Council cerrified by the Audit Committee. This report
shall be signed by the trustees of the Council.
(E) The Executive Secretary-Treasurer shall furnish to each Local Union a correct
record 0 f each meeting of the Council.
"F) The E:!:ecutive Secretary-Treasurer shall formally log and refer all bills to the
trustees for investigation. after which they shall be presented to the Council for approval. In
bills to the trustees. the Executive Secretary-Treasurer shall provide a log including any
receIpts. invoices. bills of lading. or other proof that the work in question was performed or the
i tern purchased was received. The Executive Sectetary-Treasurer shall also provide the rrustees
with a summary report of all bills being referred and an explanation of their necessity. The
trustees shall provide a summary of such infonnation to the Council Delegate Body along with a
as to whether such bills should be approved. The Disuict Councll shall
establish procedures for the implementation of this provision.
(G) n.e Executive Secretary-Treasurer is specifically authori:zed to e.'<.'pend. in accordance
';r"im the procedures ofthese Bylaws and in compliance with 29 U.S.C 501. funds for any or an
of purposes and objects of the Council, subject to the necessa.ry disclosures and approval by
:he Delegate Body.
(H) After documented consultation with the Director of Hum,an the
Executive Secretary-Treasurer shall have the authority to hire, fire or dlsclphne aU clencal or
()
custodial m p l o y e e s and shall determine thetr duties. assignments. compensation. hours of
employment and conditions. Provided.. however, that the Executive Sectetary-Treasurer may n.ot
hire more clerical or custodial emptoyees than those allowed for by the table of organization
devetoped by the DirectOr of Human Resources. The Executive Secretary-Tre3.Surer shall have
the authority to hire, tire or discipline Council represent3tives and organizers. after receiving
the approval of or such recommendation from the Executive Committee and the approval of
the Council Delegate Body for such action. TIle foregoing hiring authority, both with respect
to clerical and custodial Gmployees and Council representatives and organizers. shall be
\!:'<.crcised in accordance with the District Council Personnel Policy.
l n In :lCCordnnce with the Bylaws. and subject to the District Council Personnel Policy
and the necessary approval ofboch the Executive Committee and the Council Delegate Body. the
E:'<.ecutive Secreuuy Treasurer shall have the power and :ruthority to nominate tor appoinnnent or
propose the removal ofrepresentatives lor and on behalfof its Local Unions to act as Trustees tor all
negotiated Employer/Union Trust Funds. including, but not limited to, annuity. health and welfare.
pension. apprenticeship, labor-management cooperation committee, vacation savings and holiday
plans. No such lppointment shall be effective without the consent of both the Executive
Cummittee and the Council Delegate Body. In the event tbat either the Executive Committee or
the Council Delegate Body withholds its consent to an appointment, the Executive Secretary
Treasurer must submit a. new candidate to till the vacant position. In addition, the Executive
Secretary-Treasurer has the power and authority to appoint and remove representatives on loint
Apprenticeship and Training Committees. Accordingly, all trust agreements and/or plan
documents shall be amended by the authorized representatives ofthe Local Unions to retlcet the
forgoing appointment and removal process.
(1) The Executive Secretary-TreasurCT'. by virtue of election to his or her office.
shall automatically be deemed an elected Delegate from the Council to the conventions or
meetings of the United Brotherhood.. State Building and Construction Trades Councils Labor
Federations. and any other organizations, conterences or meetings with which the Council may
panicipate or become affiliated with. All necessary notice with respect to this provision shall be
provided.
(K) The Executive Secretary-Treasurer shall serve as a trustee on any and all trust
funds including. but not limited to. health and welfare. pension. labormanagement andjoint
apprenticeship ilIld training funds.
IL) The Executive Secretary-Treasurer shall review with the Executive Committee
of the Council all minutes of any truSt funds meetings with a copy of same to remain at the
office of the Council.
(yt) The Executive Secretary. Treasurer shall be assisted in carrying out his
responsibilities and duties by a Director of Operations and a Director ofOrganizing. The
Director of Operations shaU assist the Executive Secretary-Treasurer in supervision of the
Jay-to-day operations of the District Council. The responsibilities of [he Director of
Orgamzing shaH include, but not be limited to, managing field organizers, commumcating
wah parties regarding labor disputes. planning demonstrations. and communicating wuh
Business Centers regarding potential organizing campaigns. The Executive Secretary-
In
Treasurer shall recommend to the 'Executive Committ.e candidates to fill vacancies in the
positions of Director of Operations Director ofOrganizing. If approved by the Executive
Committee. such recommendations lIhaU be submitted to the Council Delegate Body for final
approval. To the extent tha.t the Executive Committee or Council DeJegate Body withhold
approval of any recommendation made by the Executive Secretary-Treasurer, the Executive
Secretary-Treasurer shall recommend additional candidates for consideration. During the
period that the Consent Decree is in effect, no proposed appointment of Oln individual to the
position of Director of Operations or Director of Organizing may be tinalized without the consent
oflhe United States Attorney ..\dditionally, during the tenure of the Review Officer, no proposed
.lppointment of an individual to the position of Director ot"Operations or Director of Organizi ng
mOlY be tinalized widlout the consent oithe Review Officer.
IN) The Executive Secretary-Treasurer may also, when he deems it necessary and
subject to the approval of the Executive Committee. delegate in writing (such writing to
contain a detailed description of the delegation and to have been submitted to the Executive
Committee prior to approval) any of his authority to 0. District Council cmpJoyee or Officer
with Ib.C requisite skill, experience and training to et'ficiently and competently pertbrm the
lssignment. Compensation for services rendered in this regard shall be reasonable and
:Jppropriatc and consistent with the compensation for equivalent work performed by District
Council employees and subject to approval of the Council Delegate Body.
OUllESOFWARDENAI"fOCOl....Dccroa
Section 11. The Warden shall take charge of the door at all meetings of thc Councli
and allow no one to enter except those who are entitled to do so. The Conductor takes up the
password at aU meetings.
E."<Ect.m.VE COMMITTEE
Section 12.
(A) The Executive Committee shall be a subcommittee of the Delegate Body and shall
consist of one member of ea.ch Local Cnion nominated and elected by secret ballot of the
membership directly, and the President. Vice-President and Eltetutive Secretary-T rcasurer.
I B) The Executive Committee. in consultation with the Council's Chief Accountant.
Audit Committee, md Trustees, shall prepare an annual budget for the Council to be considered.
\'oted upon and tinally by the Delegate Body.
(C) The Executive Committee shall review and m...-xe recommendations to the
Delegates on aU major purchases in e:tcess of One Thousand Dollars t51,000), after soliciting and
considering at least three (3) proposals from vendors. In reviewing and recommending any
proposed purcnase. the Executive Committee muSt consider the foUowmg factors.
the cost and quaiity of the item as compared to other proposals received. any wanantlcs otfered by
the seller. the reputation and integrity of the seller. and any re\arionship(s) the seller and
District Council employees, Officers or Delegates (which may be a factor warrantmg
disqualification). In the event that the Council Delegate Body withholds its approval of a
1\
purchase, such purchase must not go fOl"\vard and the Ex.ecutive Committee may recommend
alternative purchases.
~ D ) The Executive Committee shall implement written procedures incorporated in the
District Council Personnel Policy describing the methods which must be employed by the District
Clluncil to hire, dis(;ipline, llSsess, compensate and terminate its employees. Such procedures shall
require that aU persons llired as representatives, organizers and agents of the District Council shall
have attended a USC-run "three-day" assessment program and been rated in the top qual1er 0 f
persons attending such programs, been subject to criminal background checks and drug testing,
been interviewed by a hiring committee comprising no less than three District Council employees
vr Officers assisted by the HR Director, the Inspector General or his designee and the Chief
C.Jmpliance Officer or his designee. Said procedures shall ful1her require that standardized
questions crafted by tbe HR Director and others appropriate to the proceedings sh:dl be posed by
the hiring committee and that the results of the apprnisal of each candidate by the hiring
.:ommittee be forwarded in writing to the Eltecutive Committee. In reviewing and recommending
any proposed personnel decision. the Executive Committee must be governed by the District
Council Personnel Policy. In the event that the Council Delegate Body withholds its approval of:1
personnel decision, such personnel decision must not go torward :lnd the Executive Committee
may recommend alternative personnel decisions.
( E) The Executive Committee shall make recommendations to the Delegates on the
appointment of individuals to till vacancies in the positions of Inspector General, Deputy
Inspector Geneml, ChiefCompliance Officer, Deputy Chief Compliance Officer, Director of
Human Resources, and Chief Accountant. The Executive Committee shall also approve or reject
recommendations by the Executive Secretary-Treasurer of individuals to fill vacancies in the
positions of Director of Operations and Director ofOrganizing. In cODSidering candidates for any
of these positions. the Executive Committee must be governed by the District Council Personnel
Policy and should consider tbe proposed candidate's training. ability, experience, reputation and
integrity, and any reilltionship(s) between the proposed candidate and District Council employees.
Officers or Delegates (which may be a fllctor warranting disqualification). Preferred qualifications
to be considered for candidates for the positions of Inspector General, Deputy Inspector General.
Chief Compliance Officer. and Depul)' CbiefCompliance Officer include, but are not limited to.
licensed private investigator credentials, law enforcement experience,legal experience. internal
labor union governance experience. experience with a compliance program and the requirements
uf Chapter g of the Federal Sentencing Guidelines, and certified public auditing experience. as
'.veil as appropriate construction indusny experience. Preferred qualifications to be considered for
candidates for the position of Chief Accountant include, but are not limited to. experience as an
:ndependcnt auditor. centfied public accountant, or chief accounting officer OJ chief financial
officer of a labor union or major COIpOIlltiOn. Preferred qualifications to be considered for
::mdidates to the pOSitions of Director of O!,erations and Director of Organizing include. but arc
:1.ot limited to, experience in the operations and manasement of a labor union or management of a
;ovemment office with a work force of similar or greater size than the District Council.
(F) The Executive Committee shall make recorrunendations upon specific findings
:0 the Council Delegate Body regarding the hiring, tiring or discipline of Council managers.
rCl'resentatives. agents and organizers.
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\.0) TIle Executive Committee shall have the authority and responsibility to provide
information about the District Council to the public and the membership including by publishing
TIre Carpenter and effectively maintaining the District Council website. Wben presenting
infotmQtion to the public ilnd the membership, the Executive Committee shall provide information
fairly retlecting the range of positions and points of view on subjects relevant to the District
CouncH and members.
lH) The Executive Committee shall have the primary responsibility for drafting, and
recommending to the Council Delegate Body for approval, the ovenll organizing plan of the
Council, which shall include. but not be limited to, information regarding industry targets.
developments in ongoing programs, obstacles faced and the involvement of volunteer orgnnizing
committees with organizers in jobsite actions. In the event tbat the Council Delegate Body
wi.thholds its approval of the overall organizing plan proposed by the Executive Committee, the
Executive Committee must present a revised plan for the Council Delegate Body's funher
consideration. No such plan will be effective until approved by the Council Delegate Body.
( 1) The Exccutive Committee shall have the primary responsibility for negotiating. and
recommending to the Council Delegate Body for approval. all Collective Bargaining Agreements.
(J) All changes or proposed changes to the Bylaws or Trade Rules of' this Council or
any of the Local Unions affiliated therewith shall be first referred. to the Executive Committee for
consideration and recommendation pending tinal approval by ttoe Delegate Body. Jf approved by
the Council and in accordance: with Section 11 B of the ion and Laws of the United
Brotherhood (the "UBC Constitution''}, the proposed cbange or changes must be submitted to the
General Vice President for approval after review of, among other things. whether such change or
changes are in confonnity with the UBC Constitution. are in the be3t interests of the District
Council. and will further the objectives of the Consent Decree or Stipulation and Order.
the foregoing. nothing herein shall change or limit the authority of the General
Vice President pursuant to tbe UBC Constitution to approve or disapprove changes to these
Bylaws. Provided further, all changes or proposed changes to the Bylaws or Trade Rules of the
District Council must be made in accordance with the Consent Decree and any other order entered
in United Slales v. District Council. et aI., 90 Civ. 5122.
(K) The Executive Committee shall develop and preside over a unifonn system of
Shop Steward review including guidelines for disciplinary measures when necessary, as set
forth in a separate document, which shall be adopted by the Delegate Body. Procedures
required for the implementation of said system shall be developed by 1S, 2012 or
thereafter be developed and implemented by the Review Officer. The Executive Committee
311all establish such necessary criteria to be able to function properly and is authorized to
suspend a Shop Steward's skill indefinitely, :;ubject to appeals to the Executive Secretary
Treasurer. The Executive Comminee shall regularly review the District Council's referral records
in order to satisfactorily determine that job reterrals and the appointment of Stewards are be\ng
.;onducted fairly and properly in accordance witb the job referral rules and shall report in , .... nting
:helr findings to the Delegates.
13
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(L) TIle Executive Committee shan submit;1 written report on Council operations.
financial condition, :lnd other relevant matters to the Delegate Body at each meeting ofthe
Council Delegate Body.
TRUSTEES, CONTROLS REPORTING AUDrrrNG
Section 13,
(A)The Trustees shall supervise all funds and property oCthe Council subject to such
uvcrsight and instructions from the Executive Committee, the Council Delegate Body...md the
Audit Committee, as they may receive from time to time. The tide to all property of the
CQuncil shall be held in the name of the Trustees of the Council andlor their successors in office,
The Trustees shall audit aU books and accounts of the Executive Secretary-Trea.<;urer
linduding as enumerated herein in Sections 10(8) - 10(0) and as may be otherwise
maintained) at least monthly and repon their t1ndings to the Council Delegate Body <lnd
pertonn such other duties as the Council may require. The Trustees shaU. with the assIstance ot'
the Chief Accountant. audit all receipts and accounts of any other person authorized to collect
funds. The Council shaH engage a cenitled or registered public accountant for periodic audits.
but not less than once a year, and such audits shall be examined by the Trustees for
..:omparison with the Trustees' audit who shall report their conclusions in writing to the Council
Delegate Body. The Trustees ofthe District Council and their representatives shall have access to
;lU records of the District Council necessary to perfonn their duties in a complete and s:ltismctory
manner.
All trustees shall be required to satisfactorily complete a training program provided for by
the United Brotherhood. The Distri<:t Coum;il shall develop and implement policies and
procedures for the Trustees which shall state the scope and methods of performing all required
JUlies and be subject to the approval ofthe United. States Attorney and the Review Officer and set
forth in a separate document incorponued berein by reference. Iftbe District Council does not
submit such policies and procedures to the Review Officer for approval by March 1S. :012. the
Review Officer may draft such policies and procedures for approval by the United States Attorney.
TI,e Trustees must conduct their duties in accordance with those policies and procedures. and may
not modify them without tbe prior approval ofthe United States Attorney's Office for the Southem
District of New York and. during the Review Officer's tenure. the Review Officer.
(8) The District Council has established and shall effectively maintain an Accounting
Department, headed by a ChiefAccountant. The Accounting Department shall assist the
Trustees, Officers and Delegates in implementing tinancial conrrols and reponing procedures.
::md managing the financial operations of the District Council. Tho District Cowlcil shall
develop policies and procedures for the Chief Accountant. which shall be subject to the approval of
the United States Attorney and the Review Officer, and set fonh in a separate docwnent
incorporated herein by reference. {fthe District Council does not submit such policies and
:Jrocedures to the Review Officer for approval by iv1arch 1:5, 2012. the Review Officer may draft
policies and prOt:edures for approval by the Uruted Stares Attorney The ChiefACCOlmtant
:nust conduct bis duties in accordance with those policies and procedures, and may not modify
:hem '."ithout the prior approval of the united States Attorney and. during the Rev1C'.V Officer's
the Review Officer.
tC) The Council Delega.te Body shall appoint an individual to fiU any in the
positions of Chief Accountant. During the period that the Consent Decree: is in effect, no
proposed appoinhnent of an individual to the position of Chief Accountant may be tinalized
without the consent of the United StateS Attorney. Additionally. during the tenure of the Review
Officer, no proposed appointment of an individual to the position of Chief Accountant may be
tinalized without the consent of the Review Officer.
WORKING DUES lD1.IES CHECK..ofli).
SPECIAL ASSESSMENTS A.'ID PERC\prrATA.X
Section \4.
(A) TIle Council shall receive working dues in the amount of l % of the members
total package rate 3S retlected in the current collective bargaining agreement covering
members for each hour worked The Council shall also receive working dues from each
member of $.60 per hour for each hour worked. subject to review and moditi(';01tion by the
Coun(.;il Delegate Body after review and report by the Audit Committee. This S.60 will be
::dlocated to Organizing in the amount of S.SO an hour, S.05 for Communications and S.05 tor
Civic Action. The apponionmenl of working dues amongst Communications.
:lnd Civic Action shall be maintained in the same proponions as outlined in the prior
sentence, subject to review and modification by the Council Delegate Body aiter review and
repon by the Audit Committee. The working dues to this Council shall be due on the first
day of the month and must be paid not later than the 15th day of the following month. The
Council shall also receive working dues ofSSOO per year from every carpenter who has
perfonned carpentry work for a signatory contractor in our jurisdiction during the calendar
year. This 5500 working dues to this Council shall be due on the tirst day of the month
following the tirst day of work perfonncd in our jurisdiction each year and must be paid not
later than April 15th of the following year, provided however, that any member who shall
have satistled his or her Union Panicipation requirement for the applicable year, pursuant to
Section 14(F) of the Bylaw!!, will receive credit for this $500 working dues requirement. n,e
sums stated in this paragrapb shall be reviewed periodically to determine if prudence requires
that [hey be reduced or increased..
(B) In case of a deficit in the funds of the Council. as detennined by the Executive
Committee in consultation with the District Council Accounting Depanment, the Council
:nay levy a special assessment on each Local Union based on the number of members in the
Local. The Council Delegate Body must give 30 days written notice to the Delegates and the
principal office of each Local Union pnor to such special assessment and shall require a majority
vote by secret ballot of the Council Delegate Body at a Special Convention to adopt this special
assessment which must be approved by the General Vice-Presidont of the United Brotherhood. "So
sucn assessment may be implemented without the Council Delegate Body's approval, and the
Execut!ve Secretary-Treasurer shall notify allloca1 Unions that said assessment must be paid
within 30 days from the time of fInal approval.
The Council Delegate Body may establish monthly dues or increase working dues payable
to the Council by a majority vote of the Delegates voting at a Special Convention of the Council
1 <
.
held upon not less than 30 days' written notice to the principal office of e:lch Local Union.
(C) If a member who owes working dues fails to pay them as provided by these
Bylaws, such working dues shall be charged to the member by notice in writing that 5:lme must be
paId within 30 days to entitle the member to any privilege, rights or donations. If the member
do.:!s not make payment of arrears within the time prescribed, the member shall not be in good
standing and he or she shall be notitied in writing th:lt unless the amount owing is paid within 30
Jays thereafter his or her name shall be stricken trom membership. Notices shan be sent to the bst
known address ofthe member reported by the member to the Local Union.
t D) For any quarter in which less thnn 90% of a Local Union's membership have not
5igned authorization cards providing that working dues will be paid to the Council. a per capita
tax shall be payable by such Local Union to the Council based on the number of non-participating
mtmbers.
\ E) The Council may impose a per capita tax on each Local in the amount of S I 1
per member. The Council may increase tbe amount of the per capita tax by majority vote or'
the Delegates voting at a. special convention held by the Council upon not less than thirty
days' written notice to the principal office of each Local Union.
t. F) Pursuant to a Stipulation and Order entered into between the District Council
and the United States Attorney entered on September 7,1.001. it shall be mandatory that cach
lctive member perfonn at lease: I day or 7 hours of union activity (picketing. etc.) per
calendar year when called upon by the New York City District Council of Carpenters. The
District Council shall call upon members to perfonn such activity on a fair and equitable
basis.
:\IONTHLY DUES
Section 15.
(A) The monthly dues payable to the Local Unions in this Council shall be
established by the Local Unions and must be adequate to enable each Local Union to operate
efficiently in the best interests ofits membership. The Audit Committee shall annually review
~ h e amount ofdues levied by each local to ensure both their adequacy and reasonableness.
:lnd shall report on those subjects to the Delegate Body_
\ B) :Vlonthly dues payable by the members to the Local Unions snaU not bc increased
except upon the approval by majority vote by secret ballot of me members in good standing
-:oung at a general or special membership meeting after reasonable notice or by majority "'ote of
the members in good standing in a membership referendum conducted by secret ballot. In
:1ddition, monthly dues payable to Local t:ruons must be approved by the Council.
(C) Each Local Cnion shall furnish the Council with a correct monthly report of all
members as indicated by the International per capita sheet.
16
COIDlCIL REPRESENTAnON
16.
(A) Each Local Union shall elect 3. Delegate or Delegates to the Council Delegate
Body in accordance with the Constitution and Laws ofthe United Brotherhood gClveming
nomination and elections in subordinate bodies. The ratio of representation from each local
Union to the Council Delegate Body shall be as follows. There shall be a total ofOne Hundred
(t 00) Delegates to the District Council from the Local Unions. such Delegates to comprise the Council
Delegate Body. Eo.ch Local Union shall have at least one Delegate to the District Council. with the
rem:lining Delegates allocated proportionally amongst the Local Unions basedupon the totU membcr.;hip
ofc:u::h Local Union as a percentage of!he aggregare membership ofall Local Unions ofthe District
Cuuncil No more than Fifty Percent (300/0) of the Delegates representing any Local Union may
be employees of the District Council. individual by the District Council on the
Jay these Bylaws go into effect shall be included in the calculation of the Fifty Percent
limit referred to in the prior sentence, unless the individual's employment by District Council is
tconinated. '
(D) Each Local Union shall submit to the Executive Secretary-Treasurer the correct
number ot'members on its rolls from month to month on and after the tirst meeting of each
month.
The Executive Secrctary-Treasurer shall notify each Local Union by mail, no later lhan
AprillSth of the year of each general election ofLocal Union Delegates to this Council. the correct
number of Delegates each Local Union is entitled to have elected
DELl'NQLTE'NT LOCAL UNIONS
Section 17. A Local Union owing per capita tax for two months and the same not being
paid by the end oithe third month. such Local Union Delegates shall not have a vote or voice in the
Council When a Local Union owes a sum equal to three (3) months per capita to the Council.
its Delegates will not be entitled to a seat in that body nor shall the members of the delinquent local
Cruon be entitled to the work card ofthe Council.
DELEGATE CREDENTIALS
Section 18. Recording Secretaries ofLoeal Unions must forward credentials of Delegate
vr Delegates irom their Local Union to the Council properly signed by tbe President and Recording:
with the seal of the Local t:nion affL'(ed. They shall be referred to the Executive
Committee who shall investigate the same and report their tindings to the Council with
r:commendation thereof.
DELEGATES A
Section 19 ..\ny Delegate to this Council failing to attend its meetings shall upon the third
, 3rd) offense, provided they are successive and no reasonable excuse. is and by
1 majority vote of the Council Delegate Body, stand suspended and hIS Local 'UnIon shall be so
:1otitled.
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j..
COLLECTIVE BARGAINING
Section 20. Following recommenc:b.tion by the Executive Committee, the Council Detcglte
Body shall have tlte exclusive power and authority to ratify ilnd execute Collective Bargaining
.-\greements for and on behalf of its affiliated Local Unions, except to the c::'ttent the International
Cnion exercises its jurisdiction or authority.
TIle District Council Delegate Body shall adopt rules and governing the
method of collective bargaining ratitication.
The District Council has established. and shall maintain. procedures for processing
grievances tiled pursuant to Disaict Council collective bargaining agreements, as set forth in a
5<:pnra.te document dated April IS, :011. which is incorporated herein by reference.
TRUST F'tf.'fDS
Section 21. AU allocations from negotiated total wage amounts to annuity, health and
welfare. pension, funds sponsored by the International, apprenticeship, labor.managcment
committees. vacation savings, ilnd holiday plans, shall be determined by the Council
Ddcgatc Body.
:\-IEETlNG N1GHTS
Ssction 22.
(A) The regular meetings of the Counc:i1 Delegate Body shall be held at least monthly
and more often as prudence may require. Upon a majority vote, the Delegate Body may invite
members to attend and observe said meetings as space allows and upon such conditions as may be
dl!emed necessary to insure the integrity of the proceedings. Special meetings may be called by
the President tlnd Executive SecretaryTreasurerupon written request oftbc local Unions stating
the natUre of the business sought to be transacted. No other business shall be tIaruiacted except that
for which the meeting is called. The Executive Secretary-Treasurer shall notify each Council
Delegate of such special meeting a reasonable arnowt oftime in advance. not less than tcn (1 Q)
days of its appointed time.
(B) Prior to a regular or special. called meeting of the Council Delegate Body, subject to
re3sonable precautions with respect to contidential andlor privileged information. the Council
:;hall provide to each Delegate reasonably in advance of each meeting, a copy ofeach of the
following:
L pnor meeting minutes for approval;
bills and expendirures for approval;
..
.). results of disciplinary proceedings,
4. the Organizing Repon., Membership Retention Report, Political a.nd
Legislative Report, and Financial Report, as provided for in the Bylaws:
:md
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5. supporting materials. if pt:l(:tical, for otber items on the meeting agenda.
(C) The Council must provide certain oral and wrincn reports to the Delegates at every
regular meeting:
1. Organizing Report: The Director ofOrganizing for the Council shall report to
rhe DelegateS on organizing activities within the Council including. but nor
limiting his report to, industry targets, developmcnts in ongoing programs.
ubstacles faced and the involvement of volunteer organizing committees
with organizers injobsitc <lctions :lnd housecalling. The report shall include
spcilic targets. the specific number ofjob site actions and the specitic
number of housec:alls made to nonunion carpenters since the last report, the
Ilames of any contractors signed and the number of members brought in with
that contrnctof.
:\-tembersbip Retention Report: The senior business agent, or a service
representative appointed by the Executive Secretary-Treasurer, shall report
to the Delegates on membership retention etTon!. The report, based on the
Ultra Growth and Retention Report, will include, but is not limited to, tho
number of members. the number of members initiated. on
withdrawal, or transferred since tbe last report. and specifically the number
of memben brought in through organizing activities. For members leaving
the Brotherhood. the report should include an overview of the reasons as
well as all efforts at membership contact, including contacts to encourage
membership participation, and contact to members in arrears or on
withdrawal to encourage their continued membership.
3.
Political and. Leg1slative Report: The Council political director shall report
to the Delegates on political organizing and legislative activities within the
Council including. but not limiting his report to. political organizing
activities. current legislation on the federal. State and Local levels. and
the involvement ofvolunteer organizing committees in the overall
Council political program. When appropnate the presentation will include.
political campaign activities. membership voter registration. membership
voter education programs. and reportS of contacts with government officials.
Financial Report: The Chief Accountant shall report to the Delegates on the
District Council's expenses and revenue.
(0) Ifthe Council Delegate Body determines by a majority vote of its members that tho
reports listed above are not sufficient to inform the Council Delegate Body about activities.
:nembership, or Iinances of the Council and its local unions. the Counc1l Delegate Body make
J. request for additional information to the Executive and/or the spec\tymg the
ldditional information that is necessary for the Counell Delegate Body to obtaIn. Such requests
5hall be complied with within founeen (14) days. The described herein.shaH be n:
ade
)'v81\able to the Delegates for review at the District CouncIl no later than flve (.)) days belore the
Delegate Body meeting.
I .
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I .
(E) .-\n :ludio recording of each meeting of the Council Delegate Body shall be made.
The audio recording tor each Council Delegate Body meeting shall remain in the exclusive custody
of the Chief Cllmpliance Officer. However, the Chief Compliance Officer shall make Ihe audio
recording of any meeting of the Council Delegate Body available to the District Council's Office of
the Inspector General, the Review Officer, and to law enforcement authorities upon written request .
. AUDIT
S(;tion 23. The Fiscal year for this Council shall be July 1st to June 30th. All accounts
shall be audited in conformance with these Bylaws and applicable law and a complete
!inancial report for the tiscal year shall be submitted by the Audit Committee to the Executive
Committee and Delegate Body for review :lnd comment, no later than ninety days tollowing
the close of the tiscal year.
OFFICERS BOND
Section 21. Every Officer, agent or employee of the Council who handles funds and
property thereof shall be appropriately bonded through the General Office for the faithful
discharge of their duties.
CHARGES AND TRIALS
Section 25. The exclusive disciplinary procedures tor members of the District Council are
provided for in the District Council's Charge and Trial Procedures, ctTective September 7.1010.
:md supplemented by the Review Officer on September 22. 2010 and July 8, 2011. Said Charge
lnd Trial Procedures shall remain in full force and effect. The District Council shall ensure that
sufficient funding is provided each year so that tho District Council's Charge and Trial Procedures
.:ire continued and maintained in full force and effect. During the tenure of the Review Officer. the
term of the members of the Trial Committee shall be eighteen (18) months. After the expiration of
the term of the Review Officer. the term of the Trial Committee members shall be twelve (12)
months. The members of the Trial Committee shall be elected by secret ballot vote by each Local
L:nion. There shall be an equal number of Trial Committee members from each Local Union of
:he District Council and no fewer than eighteen or greater than twenty-two (22) members
comprising the committee.
The District Council has established, and shall continue to maintain in full force and etTect.
the position of Advocate. The District Council shall ensure that sufficient funding is provided so
:hat the Advocate may effectively carry out the full scope ofhis duties. The Advocate C3n only be
replaced by action oithe Delegate Body with the consent of the District Council's Inspector
General and Chief Compliance Officer.
TIle Advocate's duties shall be as provided for in the policies and procedures developed
pursuant to Section 27(E)(12) of the Bylaws. The Advocate may also bo approved by the
Delegate Body to se1'VC as the Chief Compliance Officer or Deputy Compliance Officer. Those
duties shall include, but not be limited to, preparing and presenting disciplinary charges brought
for or on behalf of the District Council. including the Inspector General, to the Trial Committee.
Anv charge tiled by the Review Officer may be presented by the Advocate provided that the
Officer confums such delegation in a written notice to the presiding officer of the matter.
Upon the expiration of the term of the Review Officer, all charges relating to violations of
the Consent Decree, federal law, or state law shall be brought by the Advocate. The Advocate
shall be a member of the Bar of the State of New York and admitted to practice in the Southern
District of New York. Should a vacancy in tile position occur, suitable candidates must be sought
by appropriate public: notice and selel;ted only after an interview process conducted by the
Inspector General and Chief Compliance Officer who shall each render his written
recommendation for a replacement to the Delegate Body.
RECORDSRETEN110N
.:!6. The District Council has established, and shall continue to maintain in full
force and effect, tbe District Council'S Records Retention Schedule, 3S set forth in a separate
document dated November 19,2010, which is incorporatcd herein by reference. The District
Council shall ensure that sufficient fundiDg is provided each year so thllt the District Council's
Records Retention Schedule and required oversight and enforcement is continued and maintained
in full force and ctTect.
INSPECTOR GENERAL
Section 27.
(A) The District Council has established, and shall continue to maintain in full force
;lnd ctTcct, the Office of Inspector General. The District Council shall ensure that sufficient
funding is provided so that the District Council's Office ofInspector GeneraJ is continued and
maintained in full force and effect. The District Council shall employ an Inspector General and a
Deputy Inspector General. who shall not hold another employment position with, or be an Officer,
Delegate or Steward of, the District Council, except as otherwise provided herein. Neither the
(nspector General nor Deputy Inspector General may serve as the Chief Compliance Officer.
(B) The Council Delegate Body shall appoint individuals to till vacancies in the
positions of Inspector General and Deputy Inspector General. During the period that the Consent
Decree is in effect. no proposed appointment of individuals to the positions of Inspector General
:lOd Deputy Inspector General may be finalized without the consent of the United States Attorney.
Additionally, during the tenure of the Review Officer, no proposed appointment of individuals to
the positions ot General and Deputy (nspector General may be finalized without-fhe
consent of the Review Officer.
(C) The Inspector General andlor Deputy Inspector General may be tenninated by the
District Council only for good cause. "Good cause" means significant and reliable evidence that
Inspector General or Deputy Inspector General has substantially failed to fulfill the
requirements of the position, as set forth herein and in the policies and procedures
?ursuant to Section 27()(12) below, in which he or she serves. Prior to termination of the
Inspector General or Deputy Inspector General, during the period thar the Consent DeeTC:C: is in
effect. the District Council must give reasonable, written notice of, and the reasons for. the
"roposed termination to the United States Attorney. Additionally, during the tenure of the Review
Officer the District Council must give reasonable written notice of, and the reasons for. the
propos;d tennination to the Review Officer. No such proposed.termination may be. finalized if.
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upon receiving notice as required by this section, either the Officer or the
Attorney objects. Upon the expiration of the term of the ReView Officer and the termlTIatton ot the
::1
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Consent Decree. the District Council must give reasonable written notice ot: and the reasons tor.
the proposed termination of the lnspe<:tor General or Deputy Inspector General to the USC
District Viee President. No such proposed termination may be tinalized if, upon receiving notice
JS required by this section, the UDe District Vice President objects.
(D) The Inspector General sball oversee a staff of investigators and c1eric31 personnel
in {he Olllce ofthc Inspector General. The Inspector Gener:1l shaH be the senior executive official
ofthc Office of Inspector GeneraL and shall have overall responsibility for the daily operations of
the Office of the Inspector General. An investigator employed in the Office of the Inspector
Genenl may only be terminated with the consent of the Inspector General and Chief Compliance
Otlicer. The Inspector General may also serve as the Deputy Chief Compliance Officer. The
Inspector General's jurisdiction shall extend to the District Council. and its affiliated local unions.
and its and their departments, internal operations. tield operations, employees, and membership.
The District Counci I' sChier Accountlnt shall repon to the Inspector General as requested. The
Inspector General or his or bet designee(s) under the (nspector General's authority shall have the
same authority as a Council Representative or Organizer of the District Council. The Inspector
General shall have access to all District Council records and Bcnetit Funds records in the custodY
and control of the District Council. .
l E) The Office of the Inspector General shall have the duty. responsibility and
authority to:
I. Investigate. except as otherwise provided for under the Stipulation nnd
Order, (i) allegations ofcorruption or misconduct (as defined by the
Stipulation and Order. the Constitution ofthe United Brotherhood and these
Bylaws), (ii) violations oftbe collective bargaining agreements and (iii)
otber matters as may be assigned by the Delegate Body to protect the lawful
Interests of the District Council and which pertain to conduct engaged in by,
or penaining to, the District Council. and its affiliated local unions, and
members. and when and if evidence of cOITUpdon or misconduct has been
obtained, take or recommend that, as appropriate, all necessary and lawful
remedial action be taken including. but not limited to. tiling disciplinary
charges with the Trial Committee. filing a criminal complaint. reporting
such conduct to the appropriate authorities for further action. assisting
counsel in preparing legal action.. recommending to the Delegate Body
o.ppropriate curative or preventive measures and, when necessary. notifying
the General President of the United Brotherhood of circumstances which
may require his intervention;
:::tssist the District Council in complying with the requirements of the
Consent Decree the StipUlation and Order and other orders entered in
Cllited Statu v. District Council. et al. 90 Civ, 5722. SONY (R.\IB):
serve as iiaison with the Review Officer. appointed pursuant to the
Stipulation and Order, including responding to requests for information
from the Review Officer, communicating with the membership regarding
the Review Officer: conducting investigations referred to the District
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Council by the Review Officer; :md, reporting to the Review Officer 3.S
requested;
-l. dcvelop investigative procedures and guidelines. which may address, but
not be limited to, (i) conducting investigative interviews of members,
including Delegates :md Officers, and employees of the District CounciL
and affili3ted local unions, (ii) document and data review, (iii) legal and t3ct
research. (iv) surveillance. (v) monitoring of employee communications
occurring on District Council phones, computers and other equipment, l vi)
obtaining and securing evidence. (vii) conducting lawful searches ;lnd (viit)
lawfully entering jobsitcs where worle is pcriormed pursuant to District
Council collective bargaining agreement(s);
5. serve as a liaison with the Labor M3nagemcnt Committee and Chief
Compliance Officer, working with them to implement measures to prevent
j obsite corruption and to investigate allegations of such corruption.
6. identify risks and vulnerabilities to corruption, misconduct, and unclhkal
conduct, in the District Council's and Local Unions' operations, and
identify etTective solutions;
7. assist in ensuring that tbc Disuict Council bas in place and administers
program(s) andIor policies to ensure compliance with the Stipulation and
Order and Consent D e ~ e ;
S. assist in the devclapment. implcmentation. and enforcement of an effective
compliance and ethics program;
9. establisb a procedure so that anyone having infonnation regarding
allegations of illegal, noncompliant or unethical conduct or corruption
pertaining to the District Council, including affiliated Local Unions
.::ngaged in by Officers, members or employees of the District Councilor by
persons conducting business with or seeking to intluence the District
Council or persons aff1liated with the District Council. may repon such
conduct to the Inspector General in confidence. without fear of retaliation or
adverse actiou. and without revealing who they are, if they so choose;
10. with the assistance of the District Council Advocate. bring disciplinary
cbarges pursuant to the District Council '5 Charge and Trial Procedures;
11. report on a regular basis to the District Council Executive Committee with
respect to the efforts of the Office of the Inspe<:tor General in fulfilling ll;)
mission. The Inspector General may also report to the: District Council
Delegate Body, upon request of either the District Council Delegate Body
or at the Inspct:tor General's own discretion. Provided furthcr. that when
Circumstances warrant and in the discretion of the Inspector General.
reports may be made directly to the District Vice President, Eastern District.
.
or General President, ofthc United Brotherbood of Carpenters and Joiners
of America;
12. develop policies and procedures for the Office of the Inspector General.
including a description of the scope of the Office of Inspector General and
the District Council Advocate, their duties. including liaison responsibilities
with respect to the labor Committee, and the means and
methods by which they will carry out those duties. Such practices and
procedures shall be subject to the approval of the United States Attorney and
(he Review Officer. as set torth in a separate document which shall be
incorporated herein by reference. Ifthe Inspector General does not submit
such policies and procedures to the Review Officer for approval by March
1S. 2012. the Review Otncer may draft such policies and procedures for
;1pproval by the United States Attorney. The Inspector Generat, the Deputy
Inspector General. and their subordinates must conduct their duties in
accordance with said policies and procedures, and may not modify them
without the prior approval of the United States Attorney and, during the
CHIEF OFFICER
Section 28.
The District Council has established, and shall continue to maintain in full force and effect. the
position of Chief Compliance Offieer. The District Council shall ensure that sufficient funding is
provided each year so that the District Council's Chief Compliance Officer position and function
is continued and maintained in full force and effect.
(A) . The District Council shall employ a Chief Compliance Officer and Deputy Chief
Compliance Officer. who sball not hold another employment position with, or be an Officer.
Delegate or Steward of. the District Council. unless otherwise stated herein.
(B) The Council Delegate Body shall appoint individuals to the positions of Chief
Compliance Officer and Deputy Chief Compliance Officer. During the period that the Consent
Decree is in etIect. no proposed appointment of individuals to the positions of Chief Compliance
Officer and Deputy Chief Compliance Officer may be tinalized \\ithout the consent of the United
States Attorney. Additionally, during the tenure of the Review Officer. no proposed appointment
ofindividuals to the positions of Chief Compliance Officer and Deputy Chief Compliance Officer
may be finalized without the consent of the Review Officer.
(C) The Chief Compliance Officer shall develop policies and procedures for the Office
of the Chief Compliance Officer, including a description of the scope of the positions of Chief
Compliance Officer and Deputy Chief Compliance Officer, their duties. including liaison
responsibilities with respect to the Labor ),{anagement Committee. and the means and methods by
.\hich they will carry out those duties. Such practices and procedures shall be SUbject to the
approval of the t.:nited States Attorney and set forth in a incorporated herein by
reterence. If the ChiefCompliance Officer does not subrmt such pobCle5 and procedures to the
Review Officer tor approval by March 1S. ::;'012, the Review may.draft such policies and .
rocedures for approval by the United States Attorney. The ChiefComphance Officer and Deputy
p
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Chief Compliance Officer must conduc:t their duties in accordance with those policies and
procedures. andmay not modify them without the prior approval of the United States Attorney and.
during the Review Officer's terrore, the Review Officer.
(D) TIle Chief Compliance Officer, assisted as necessary by the Deputy Chief
Compliance Officer who may be the Inspector General, is responsible for ensuring that rhe District
Council develops, implements, and operates an effective compliance and ethics program
with Section 8 oithe Federal Sentencing Guidelines. sUGh that the District Council
shall:
1. due diligence to prevent :lDd detect noncompliant conduct: and
otherwise promote an organizational cuirurc that encourages ethic:xl conduct
and a commitment to compliance with the law.
(E) The ChiefCompliance Officer shall ensure that the District Council's efforts at due
diligence and the promotion of an organizational culture that encourages ethical conduct and a
commitment to compliance with the law, within the meaning of Section 8 of the Federal
Sentencing Guidelines. include that:
1. the Disuict Council shall establish standards and prOcedures to prevent and
detect noncompliant conduct;
the District Council's governing authority shall be knowledgeable about the
\:ontcnt and operation of the compliance and ethics program and shall
.;:xercise reasonable oversight with respect to the implementation and
ctTectiveness of the complimce and ethics program;
3. high-level personnel of the District Council shall ensure that the District
Council has an effective compliance and ethics program;
specific individual(s) within the District Council shall be delegated day-to
Jay operational responsibility for implementing the compliance and ethics
program;
5. the District Council shall use reasonable efforts not to include within the
personnel of the District Council any individual whom the District Counci l
knew, or should have known througb the exercise of due diligence. has
engaged in illegal activities or other conduct inconsistent with an cffectl\'e
6.
the District Council shall take reasonable steps to communic:ate periodically
and in a practical manner its standards and procedures, and other aspects of
the compliance and ethics program, by conducting effective training
programs and otherwise disseminating infunnalion appropnate to the
respective roles and responsibilities of necessary personnel;
"'! the District Council shall take reasonable steps
"
(A) to ensure that the District Council's compliance and ethics program is
followed. including monitoring and auditing to detect noncompliant
conduct;
\,9) to evaluate periodically the etTectivencss of the District Council's
compliance and ethics program. and the level of compliance with the
I.":ompliance ilnd ethics program by District Council employees and
Officers; and
\,e) to ensure that the District Council has and publicizes a system. which
may include mechanisms that allow for anonymity or contidcntiality.
whereby the District Council's employees, members. and others may
report or seek guidance regarding potential or actual noncompliant
conduct without fea.r of retaliation;
:>. the District Council's compliance and ethics program shall be promoted and
enforced consistently throughout the District Counci!through:
(A) appropriate incentives to perform in a.ceordance with the
compliance and ethics program; and
appropriate disciplinary measures for engaging in noncompliant
conduct and for failing to take reasonable steps to prevent or detect
noncompliant conduct;
9. after noncompliant conduct has been detected. the District Council shall
take reasonable steps 10 resPQnd appropriately to the noncompliant conduct
:lnd to prevent further similar noncompliant conduct. including making any
necessary modifications to the organization's compliance and ethics
program;
to. the District Council shall periodically. but at least annually, assess the risk
of noncompliant conduct and shall take appropriate steps to design.
implement, or modify the compliance and ethics program to reduce the risk
of noncompliant conduct identified through this process.
(F) The Chief Compliance Officer. or his designee, shall sit on ilny District Council. or
affiliated Local Union. Committee with voice but no vote. The Chief Compliance Officer shall
:lI:tend all meetings of the Delegate Body to observe the proceedings and make a contidemial
audio recording of the proceedings to be kept in his or her custody for usc as authorized herein or
by a written resolution passed by the Delegate Body and endorsed by the signature of the
Executive Secretary-Treasurer. Said recordings are subject to the District Council Records
Retention Policy.
The Chief Compliance Officer and Deputy Chief Compliance Officer may also receive
regarding misconduct involving the District CounciL
16
(0) The ChiefCompliance Officer shall report on a regular basis to the District Council
Executive Committee with respect to the efforts of the Chief Compliance Officer in fulfilling the
mission of the position. Also, the Chief Compliance Officer shall report quarterly to thc District
Council Delegate Body, and may report more frequently upon request of either the District
Council Delegate Body or at the Chief Compliance Officer's own discretion. The Chief
Cllmpliance Officer shan report on the etTcctiveness oithe compliance and ethics program in
gene1'31, ::md the fulfillment of the Chief Compliance Officer's rcsponsibilities. in panicular.
Provided further, that when circumstances warrant. and in the discretion of the Chief Compliance
Officer. reports may be made directly to the District Vice President. E:r.stem District. or General
President, of the United Brotherhood of Carpenters and Joiners of America.
(H) The Chief Compliance Officer or Deputy Chief Compliance Officer may be
terminated by tbe District Council only for good cause. "Good cause" means signiticant and
reliable .::vidence that the Chief Compliance Officer or Dcputy Chief Compliance Officer has
substantially failed to fulfill the requirements of tho position in which he or she serves. ilS set forth
herein and in the procedures promUlgated pursuant to Section 28(C) :lbove. Prior to termination of
the ChiefComplian<:e Officer or Deputy Chief Compliance Officer, during the period that the
Consent Decree is in effcct, the District Council must give reasonable. written notice of. and the
reasons for, the proposed termination to [he United States Attorney. Additionally. during the
tenure of the Review Officer, the District must give reasonable written notice of. :lnd the
reasons for. the proposed termination to the Review Officer. No such proposed tenninalion may
he tinalized if. upon receiving notice :r.s required by this section. either the Review or the
United States Attorney, objects. Upon the expiration of the tcnn oCthe Review Officer and the
termination of me Consent Decree. the District Council must give reasonable written notice of.
and the reasons tor, the proposed texmination of the Chief Compliance Officer or Deputy Chief
Compliance Officer to tbe UBC District Vice President. No such proposed termination may be
tinalized if. upon receiving notice as required by this section. the UBC Oistri::t Vice Prcsident
objectS. The Chief Compliance Officer shall take charge of all the ballots cast in any election
of the Council ilnd shall preserve said ballots and other records relating to the election for a
period of one year at1er the election date.
DIRECTOR OF HU:\IA..'l RESOURCES
Section 29.
(A) The District Council has established. and shall continue to maintain in full force
and effect, the position of Director of Human Resources. The District Council shall ensure that
5ufficient funding is provided each year so that the District Council's Dire::tOT of Human
Resources position and function is continued and maintained in full force and effect.
fa) The Council Delegate Body shall appoint an individual to fill any vacancies in the
positions of Director of Human Resources. During the period that the Consent Decree. issued m
enited States v. District Council, et at, 90 Civ. 5722. SDh'Y (R."IB) is in effect. no proposed
J.ppointment of an individual to the positions of Director of Human may be.
without the consent ofthe United States Attorney's Office for the Southern Dtstnct at York.
. \dditionaUy, during the tenure of the Review Officer appointed under !une 3. 1010 Stlpulatlon
and Order in the above captioned case, no proposed appointment of an lI:dlvldual.to the pOSitIOn
of Director of Human Resources may be finalized without the consent at the ReVIew Officer.
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(C) The Director of Human Resources shall have responsibility for implementing.
maintaining. and ensuring compliance with tbe District Council Personnel Policy. and a document
retention program. and also assisting in providing training fur, and dissemination of. 3n effccti\'c
compliance and ethics program. The Director of Human Resources may not change the provisions
of the District Council Personnel Policy without the approval ofthe United States Attorney'S
Otli.ce for the Southern District ofNew York and, dunng the tenure ofthe Review Officer
lppomted under the June 3.2010 Stipulation and Order in United Stater v. District Cot/Ilcil, er al.,
90 Civ. 5722. SONY (R.J."lB), the Review Otlicer. At his or her discretion. the Director of Human
Resources may bring issues related to Ine position to the attention of the District Vice President.
(0) The responsibilities and duties of the Director of Human Resources shall also
include. but not be limited to, the tol1owing:
I. develop and present for annual approval by the Council Delegate Body a
table of organization identifying the relevant. employee positions within the
District Council (including job titles and descriptions of responsibilities amI
associated salary ranges) and the number of individuals needed to be
t!mployed at any given time tor each position to etliciently conduct the
necessary business of the District Council within budgeted costs. Said table
of organization may only be otherwise amended upon a majority vote of the
Delegate 80dy after receiving trom a majority of the members of the
Executive Committee a written statement of necessity to amend the table of
organization which states why such amendment is necessary for the conduct
uf said District Council business:
~ n s u r e that all job opportUnities and openings are appropriately advertised
:lnd that candidates for employment are well qualified and are hired through
unifonn. best practices (including development and use of application
forms, standardized interviews and rating on objective criteria by duly
luthorized hiring committee);
3. ensure that aU required and appropriate Human Resources-related records
arc maintained properly and securely;
-to process, investigate, and report to the District Council complaints of allcged
liiscrimination and harassment through uniform procedures;
ensure that objective perfonnance and productivity evaluations of all
District Council employees are completed at least annually:
6. interact with other functions and departments of the District Council;
develop and implement other human resources functions in a uniform.
documented manner that adheres to best practices.
enTIATIO:S FEES
Section 30. The initiation feefs) in this Council shall be Three Hundred Dollars IS300).
:!'8
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Arrangements may be made for the payment of initiation fees by installments. The Initi:ltion Fee
for apprentices shall be in 3ecordancewith the Constitution and Laws of the United Brotherhood.
\\"ere an ex-member has vlolated any of the Rules and Laws of this Council and has been tried
and found guilty ofsame and where a tine has been imposed. ruc:h fine must be paid before
initiation.
WORKI'-"(G CARDS
31. The Council shall have the power to issue quarterly working cards to the
Local Unions for each member of tile United Brotherhood on the Local Unions' books. No
member shall be entitled to receive a working card from a Local Union unless all arrearages tar
dues, tines and assessments are paid in full.
REPRESENTATIVES AND ORGANIZERS
Section 32.
(A) AU Representatives and Organizers working in the jurisdiction of the Council
must be hired pursuant to, and their employment governed by. the procedures outlined herein
and in [he District Council Personnel Policy. Such employees shall be subject to regular
uVCr51g!lt by the Executive Committee and shall be placed under the supervision and direction of
the Executive Secretary-Treasurer ofthe Council. No Representative, Organizer, or Special
Representative shall have authority to act as such until he or she receives the proper credentials
from the Council.
(8) The Local Unions shall not be allowed to employ anyone other than clerical
employees.
(C) Any member who represents himself or herself as a Representative or (lny
member acting as and not having received credentials from the Council, or a Business
Representative whose credentials have been canceled and who represents himself or herself as a
Representative ofthis Councilor any Local Union. shall for the first offense. after having been
tried and found guilty, be fmed a sum of Five Hundred DoUars ($.500.00) and for the second
oifense. if found guilty shall be expelled from the United Brotherhood.
FURTHER OBJECTIVES
Section 33. The Council shall have the authority to organize and operate a special
Political Education Committee for the purpose ofpolitical objectives including, but not limited to.
?ublic relations, political activities and contributions and furtherance of legislation. Such
Comminee shall operate pursuant to its bylaws and act in accordance with all applicable laws.
LAWSlJlTS ACAINST THE COUNCIL
Section 31. }fo member tined, suspended or expelled by action of the Council shall file
my lawsuit against the Council. its Officers or Rcpn:sentatives, or its affiliated Local
wimout first exhausting aU appeal remedies provided for in these Bylaws and me CORSutullon of
enited Brotherhood.
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Sectjon3S.
(A) Any amendments and changes to these Bylaws may be put into effect by the
of the Delegates at a Special Convention of the Council.
,B) Aproposed change must be submitted in vvTiting by at le3St one rhird ofthe Local
Unions atliliatcd with the District Council, with the seal affb:ed provided that the Resolutions
Committee consisting of three (3) or more members has reviewed and approved the resolution
.is to irs Legality in accordance with the Constitution and Laws of the United Brotherhood and the
Collective Bargaining Agreement. and State and Federnllaws.
lC) All crumges or proposedchanges to the Bylaws or Trade Rules of this Counci I or ::my
of the Local Unions shall be first referred to the Executive Committee lor consideration ::and
recommendation. and then reterrcd to a Bylaws conunittee for consideration and, ifwi1rranted.
recommendation to the Delegate Body that a proposed change or changes be adopted. If
:.lpproved by the Council and in accordance with Section 11 B of the Constitution and laws of the
United Brotherhood (the "USC Constitution"), the proposed change or changes mUlit be submitted
to the General Vice President for approval after review of. among other things, whether such
I:hangc or changes arc in contbrmity with the USC Constitution. arc in the best interests of the
District Council. and will furtber the objectives of the Consent Decree or Stipulation and Order,
the torcgoing. nothing herein shall change or limit the authority of the General
Vice President pursuant to the UBC Constitution to approve or disapprove changes to these
Bylaws. All proposed changes to the Bylaws shall be subject to the approval of the United States
Attorney and, during the term of the Review Oflicer. the Review Officer,
SEVERABILITY
Section 36. If any Section or pan of these Bylaws shall be held invalid by operation of
law or by any tribunal of competent jurisdiction., the remaining Sections of these Bylaws shall
not be affected thereby and shall remain in fulJ force and effect.
section 37.
(A)The Council Delegate Body. by majority vote of the Delegates present. either in
:egular or special session. shall have the authority to adopt policies and procedures consistent
'.vlth these Bylaws to govern the Council and all Local Unions. and to enact all measures.
,esoiutions, trade rules. instruction (0 members and local Unions and all other actions that may
be necessary to further the objectives and putposes of the Council. Provided further that the
foregoing shall be in contormity with the Consent Decree. Stipulation and Order oflune 3,2010. and
.loy other Order entered, in Uniled States v. District Council, 90 Civ, 5722 (CSH). and subject to the
.lpproval of the 'United States Attorney and. during the term ofthe Review Officer, the Review
Olficer.
1.B)These Bylaws, Trade Rules and any other rules, resolutions and directives adopted
by the Council shall govern and be binding on each Local Union.
30
(C)Any subject not covered by these Bylaws 3nd Trade Rules shall be governed by the
Constitution of the United Brotherhood and nothing in these Bylaws shall in:my way be construed
to contliet with the Constitution 01 the United Brotherhood
(0) The Executive Committee of the Council shall have the authority to call a
Special Convention. Written notice describing the purpose of a. Special Convention must be
given to all Delegates and the principal office of each Local Union 3t least thirty (30) days prior
to such Convention. The delegates ohny Special Convention of this Council shall consist
c;:xclusively of the Deleg3tes to this Council.
\. E) All current Bylaws of local Unions must be submitted to the Council for
approVlll. All Bylaws of Local Unions that are inconsistent with these Bylaws are superseded
HIRING HALL OR JOB REFERRAL SYSTEM
Section 38. The E.'ltecutive Committee ofthe Council shalt maintain. ruld all workers shall
be governed by, Wluorm rules andlor procedures consistent with the Consent Decree, :lnd any
other Order entered in United Slates v. District Council, I!t al. 90 Civ. '722. for the registration
and/or referral to employment ofunemployed workers. Workers shall have the right to seek
work and be throughout the rerritorial jurisdiction of the Council. TIle referral of all
workers to jobs shall be performed by the E."ecutive Secretary-Treasurer. Representatives.
organizers :lnd agenes of the District Council may not otherwise reter members to jobs or in any
way infonn an employer that a member is available for employment. The Executive Secretary
Tre3SUI'er shall maintain records of all worker registtation and referrals. which shall be reviewed
regularly by tile Executive Committee and which may be reviewed by any member upon
reasonable request.
SHOP STE\VARDS
Section 32.
(A) All Stewards shall be appointed by the Council Delegate Body or its duly-
authorized designee in a fair and equitable manner consistent with job referral rules and the
Consent Decree entered in United States v. District Council, et al., 90 Civ. :S 722, and. any
.)ther applicable order issued pursuant to that case.
(8) Stewards shall be members of the District Council in good standing and be
lppointcd according to their skills and position on the out of work list.
(C) The Council may require workers who desire to serve as a Steward to complete the
L'Bes Comprehensive Steward Training Program; have five (5) years journey level experience in
:t:e construction industry; and to provide the Council a declaration of eligibility to serve as a Shop
Steward. attesting that they have not been convicted of any crime which would make them
ineligible to serve as a Shop Steward under Section 504 of the Labor Management Reporting and
Disclosure Act of 1959.
31
(0) .-\11 Shop Stewards must have on tile at the office of the [nspector General. a copy
of tbe "Shop Steward. Code of Ethics,It .-\.o.y Shop Steward not having this Code of Ethics on tile
will not be dispatcbed as Shop Steward and their Shop Steward credentials will be suspended unlil
the Code of Ethics is on tile.
tE) All Shop Stewards mUSl have on tile at the Office ofrhe Inspector General, :l copy
of the "Notice of Acknowledgement R.egarding Background investigation" authorizing a
background check. Any Shop Steward not having such notice will not be dispatched as Shop
Steward and tbeir Shop Steward credentials will be suspended until the Notice of
is on tile,
tF) No worker shall be reterred from the out-of-work list out of tum to till a
Steward position.
G) All Stewards must take the District Council eight (8) hour cenification class and
complete the 2001 Skill Set Training. In addition to the UBC's Comprehensive Steward Training
Program and the required working experience provided under this section, the following ski II !>C{s
shall be required of ilny worker who desires to servc ilS a Steward.
I UBC Comprehensive
; Steward Training Program
: 10 Hour Construction
I
: Safety Course (OSHA)
j
i
, first Aid Certified
. CPR Certified
UBC Comprehensive
Steward Training Program
lO Hour Construction
Safety Course (OSHA)
First Aid Certified
i CPR. Certified
USC Comprehensive
Steward Training Program
10 Hour Construction
Safety Course (OSHA)
First Aid Certified
, CPR Certified
Sexual Harassment Hazardous Communications ; Sexual Harassment
,
I i
Prevention Course
I
Prevention Course
I
i
. Hilti/RamSet Power Tool IDistrict Council I.D .
Acth'ated Certified
IProcess
Certified of Fimess Bureau 30 Hour OSHA training
for Floorcoverers
of Fire Prevention. NYC
.. .
Laser Safety (NYS DOL)
District Councill.D.
Process
District Council1.D.
Process
Executive Board Meeting Minutes
January 11, 2012
Meeting commenced at 3:00 p.m.
John Ballantyne explains tonight's agenda.
Roll Call:
Michael Bilello
William Lebo
Michael Cavanaugh
Paul Capurso
Matthew Walker
William O'Flaherty
Jack Mitchell
Dennis Walsh
Richard Roth
Scott Danielson
Adam Harkin
Robert VlIIalta
Raymond Harvey
Christopher Wallace
Josh Leight
Tom Garrison
The meeting is caUed to order by John Ba\\antyne (Reads preamble)
1
~ ~ - - - - - - - - - - - - - - - - -
" .
Non Committee members are asked to leave the room and there are a few committee
members not present. Some locals have had Executive Committee members vetoed.
John Ballantyne accepts a motion to move to a special called meeting for installation. The
motion is made by Adam Harkin and seconded by Michael Cavanaugh. The motion is carried.
Brother Ballantyne congratulates all officers and thanks everyone for their trade unionism and
leadership.
Brother Ballantyne read off the protocol and swears in E.S.T. Michael Bilello, President William
Lebo and Vice President Michael Cavanaugh.
Officers take their seats. He then congratulates the officers on behalf of Frank Spencer.
Brother Ballantyne presents a gavel to President William Lebo.
He then presents a Pen & Pencil to Executive Secretary Treasure, Michael Bilello.
Brother Bilello thanks John Ballantyne for his service.
Brother Ballatnyne wishes them the best and urges them to do their best for the membership.
(Photo Ops. (Jenna & Martin))
Mark Fitzmaurice enters the meeting.
John Ballantyne leaves the meeting with Tom Garrison.
William Lebo chairs the meeting.
A motion is made, that Matthew Walker and will be present at all meetings. The motion was
made by Adam Harkin and seconded by Paul Capurso. The motion is carried.
Brother Edward McWilliams will have a report on the campaign against Amalgamated. Michael
Bilello put forth a motion spend appropriate and necessary funds to campaign against
Amalgamated Carpenters/Dockbuilders Union. In an effort to preserve our Union and to
combat those looking to attack our Council with all current policies concerning Council
expenditures and approval by the Review Officer will continue to be followed. The motion was
seconded and carried.
th
and 10t\ 2012 to discuss and evaluate pending C.B.A's. Both meetings
2
.. '
On question. Raymond Harvey asks, "What about those on the out of work list?"
Brother lebo says only those missing work. Dennis Walsh says they will get $75.00 per day.
Josh leight spoke with Sal Tagliafero.
Those on unemployment could forfeit the
unemployment. Sal Tagliafero is recognized.
Sal states that the Law says if compensated they will get reduced unemployment (405)
Brother lebo explains more.
Brother Tagliafero rebuts with three days.
Christopher Wallace says its $200.00 max for the whole month. There may be more meetings.
Dennis Walsh is amenable to start again going forward from today. A motion is made by EST.
Bilello and seconded by Michael Cavanaugh to compensate the delegates for attending the
meetings on January 9
th
and 10
th
As per the Bylaws, E.S.T. Bilello appoints William Lebo as Trustee (to all Benefit Funds).
Christopher Wallace seconds the appointment. Brother Bilello also appoints William Lebo as
assistant to the E.S.T. (reads off job description) $185,000 plus 5% or minus 5% per year.
Dennis Walsh states under 5B of the Stipulation and 10N of the Council By-laws. This is not the
hiring of William lebo, so entered.
A motion was made by Michael Cavanaugh and seconded by Christopher Wallace.
Brother Wallace move to Trustee motion and asked if this is for all Trust Funds. E.S.T. Bilello
says it is for all Trust Funds.
E.S.T. Bilello appoints the Committee of Advisory to Collective Bargaining. The Committee will
include all Executive Delegates, Paul Capurso, Sal Tagliafero, Daniel Walcott and Stephen
Mcinnis, upon approve of the Delegate Body. A motion was made by Raymond Harvey and
seconded by Michael Cavanaugh.
Reports:
Matthew Walker reports on the Shop Steward Review member, Robert Donofrio steward skills.
They have been suspended but is under investigation and should be conSidered for
reinstatement.
E.S.T. Michael Bilello reports on the Collective Bargaining Committee he says all Executive
Delegates are on the Committee and wants all locals represented in negotiations. Collective
3
Bargaining Agreements will be the number one priority and will be meeting on Monday with
the General Contractors Association. He spoke with John O'Hare from the Building Contractors
Association today and will talk to all other Associations next week. He has not settled on legal
Counsel yet but is in the process of finding one.
The next Delegates meeting will be held on or about January 25
th
, 2012. Notification will be
made.
Christopher Wallace - Motion for R.F.P's for anything?
Matthew Walker - Most are R.F.P:s out or going for E.S.T. for review.
Dennis Walsh - Should there be a motion for 5B expenditures relating to advertisements for
legal Counsel.
A motion to pay the advertisement bills of $500.00 & $1,700.00 was made by Christopher
Wallace will go to the Delegates for approval and was seconded by Paul Tyznar. The motion is
carried.
William lebo introduces Josh leight.
Josh will address the members at the Delegates Meeting.
Michael Cavanaugh asks about the stipend for the Executive Committee for CB.A. negotiations.
Dennis Walsh recommends studying benchmarks for Committees on duties and develop salary
bands.
Michael Cavanaugh makes a motion for a stipend for non-staff on CB.A. negotiations.
Dennis Walsh says similar compensation for similar services.
Christopher Wallace says the By-laws states benchmarks.
Michael Cavanaugh asks will the stipend be from the District Council or the local.
The stipend will come from the District Council.
Then there is some discussion on where the funding will originate.
Raymond Harvey says the Delegates and Executive Delegates are passed through the local.
Brother Cavanaugh asks how much and where does the money come from.
More discussion.
4
The motion to have a stipend of $125.00 per meeting for non-staff Committee members with
the maximum of $300.00 and is seconded by Christopher Wallace. The motion is carried.
Dennis Walsh says this is a contingent outcome to be dealt with in an as needed basis. He then
states, upon review this will have to be dealt with now.
E.S.T. Bilello states that some have already said they couldn't do it due to work. Maybe try to
schedule the meetings later.
A motion was made by Michael Cavanaugh and seconded by Paul Tyznar to make those on the
e.B.A. Advisory Committee (non staff) to receive wages only for lost time and meeting to be
schedule as late as possible.
Raymond says he and Robert gave up good jobs and took less money and would like
consideration for more money.
Dennis Walsh says under 56 it must be reviewed.
President Lebo instructs Brother Harvey to have his proposal forwarded for review.
Brother Lebo asks if there is any other business.
Meeting adjourned at 4:00 p.m.
5
Full Body Delegate Meeting Minutes
January 11, 2012
Meeting was held in the 2
nd
Floor Common Room of the labor Technical College at 395 Hudson
Street. The meeting commenced at 4:00 p.m.
The meeting was called to order.
John Ballantyne opens the meeting.
The Chair instructs the Warden to take charge of the door and all to rise for the salute to the
flag.
Roll call of officers:
E.S.T. Michael Bilello, President William lebo and Vice President Michael Cavanaugh, all
present.
Minutes of the January 9
th
& lot\ 2012 special called C.B.A. meeting are distributed to all
delegates.
John Ballantyne asks all to take their seats.
Tonight's proceedings will be recorded.
The meeting opens with the preamble.
The Conductor reports all non members and asks all to rise and recite the Pledge of Allegiance.
The Warden is instructed to take charge of the door.
A motion was made by Chris Parzych to suspend to suspend the regular order of business and
install the officers. The motion was seconded by Raymond Harvey. The motion is carried.
John Ballantyne - First day - This is a great opportunity. He said he had a wonderful experience
and has met an impressive staff, good members and trade unionists. Thanks to all for their kind
counsel.
John Ballantyne will install Executive Officers who will then take office. The officers are sworn
in. Brother Ballantyne has the Executive Officers take their stations as perthe Constitution.
Presentation of a gavel was made to President William lebo.
1
" ",
Presentation of a pen set was made to E.S.T. Michael Bilello.
E.S.T. Bilello thanks John Ballantyne.
President lebo, under special order installs Officers and Delegate Body. The officers being:
Warden- Phillip Fiorentino
Conductor- Scott Belford
Trustees: Joseph Nina
Turlough Noone
Sean Doonan
Roll call of all officers is made by William lebo and all are present.
A motion is made by Michael Bilello for Paul Tyznar to be Recording Secretary. The motion is
seconded by Christopher Parchyz. The motion is carried.
Brother Joseph Sabatino asks if it will be for all meetings.
E.S.T. replies yes, for all meetings.
Bro.Greg Kelty asks shouldn't the E.S.T. do the work assigned to Paul Tyznar? No, he can
delegate the work.
Communications & Bills
lawyers, Journal Ads, etc...
Bro. Paul Tyznar explains $500.00 and $1,700.00 for advertisements in the law Journal for
R.F.P:s for legal services. A motion was made to approve the amounts by Marty Flash and
seconded by Daniel Sessa. The motion is carried.
Staff Changes:
Josh leight, Chief Compliance Officer.
Josh addresses the delegates. He is a lawyer and Compliance Officer. Under the By-laws he is
Chief and Scott Danielson is Deputy Compliance Officer. He will implement rules, training
mechanisms, review member services, assistance and guidance.
President lebo says it's a new day for the Council. The past is a dark one and is looking forward
to an end to abuses. We will make a difference and we have a bright future. We will be the
2
best District Council in the world. Thanks to Dennis we have eradicated corruption. This is the
NYC District Council's time to shine.
Reports of Officers
Brother Edward McWilliams' Report:
Brother Edward McWilliams gives his report. He discusses Amalgamated. (Report on File) He
congratulates our new leadership on this milestone and pledges to support the new body. We
will have heated debates, but in public (media & industry) we must be united as one. We are
counting on this administration's success.
Brother McWilliams goes over LU339, LU355, and lU175s raiding. Amalgamated is run by
Angelo Bisceglie. Some local 1456 members were passionate about the locals dissolution; we
all care about our Locals. Some signed a petition for representation from Urban, Trevcon &
Reicon. Phoenix withdrew. Amalgamated is in West Patterson, NJ at Bisceglie's office.
I.U.P.A.T. is supporting this. Over 1 million dollars to divide our Union and destroy our Funds
from I.U. P.A.T. We believe there are also developers trying to crack this house.
N.l.R.B. hearing info - Brian Gunderson testified against our Union.
Urban has carpenters but they have been excluded in this petition.
A letter sent by Michael Bilello, William lebo and Michael Cavanaugh regarding Amalgamated
has been sent to our members letting them know of their commitment to work with the
Dockbuilders and all Locals in the District Council. Pamphlets have also been handed out to the
members.
We will go over their propaganda and set the record straight with the facts.
Some content on the Amalgamated website asks for donations to Amalgamated. Brother
McWilliams informs us Dominic Lavacca is head of their Contractor Association.
He also explains the effect on the Benefit funds of our Union if Amalgamated succeeds.
There are letters on file from I.U.P.A.T. and the Building Trades.
The Dockbuilders won't fold up or give up on us. We must stay in solidarity, united as one and
correct our problems as one organization. Over the next few months we will all develop an
organizing plan.
3
---------------
Amalgamated had a meeting at leonards of Great Neck and we were there. Some of our
contractors were also there. Dominic lavacca and John Holt were speakers. Midhattan,
Paragon, Ignelzi, Prince etc... We confronted them head on.
Bro. Christopher Parzych asked if Gunderson was charged.
Eddie says yes, John Holt possibly too.
Bro.Thomas King asks if there would be a demonstration tomorrow.
Eddie says yes, tomorrow night at 4:00 p.m. (mandatory participation) at 850 62
0d
Street,
Bayridge.
Bro. Greg Kelty agrees we must fight. Page 1, Section lA of the Constitution is quoted.
Brother McWilliams says we have to go after Amalgamated not argue the past.
Greg replies true but tell McCarron he violated his Constitution.
E.5.T. Bilello says this is a serious matter. A Perfect Storm, Trusteeship, Contracts and
Amalgamated. The Executive Committee put forth a motion spend appropriate and necessary
funds to campaign against Amalgamated Carpenters/Dockbuilders Union. In an effort to
preserve our Union and to combat those looking to attack our Council with all current poliCies
concerning Council expenditures and approval by the Review Officer will continue to be
followed. The motion is seconded by Bro. Adam Harkin.
th
and 10
th
, 2012 to discuss and evaluate pending C.B.A's. Both meetings
Bro. Joseph Sabatino asked "unlimited funds?
E.5.T. replies they are to be reviewed by the Review Officer and reported to the Delegate Body_
President lebo also replies monies will be with the approval of the Review Officer.
A motion was made to accept Brother McWilliams' report. The motion was seconded and
carried.
4
--...- ...~ . - - - .
Bro. Christopher Wallace - Regarding the G.C.A. In our agreement there is a promotional fund,
they can't use that money against us and maybe Rosen is using that money. We should explore
this.
President lebo - For the Dockbuilders -Ive had long standing ties to the Dockbuilders. We will
do everything we can to end Amalgamated and keep our dockbuilders with us. Bro. Joseph
Geiger and Bro. Edward McWilliams are doing a great job, including all Reps. and Organizers.
Brother Scott Danielson's Report (Inspector General):
Brother Danielson congratulates our new leadership. He says he met with the Officers and
Compliance Officer Under Section 27 & 28, 5B(7) and states we must all work together. The
members need to be able to report to the I.G.'s office.
Brother Danielson says we must increase hours and market share. He also reports on drug
testing information.
A motion was made by Bro Michael Rodin to accept Brother Danielson's report. The motion
was seconded by Bro. Raymond Harvey and so carried.
PreSident lebo - Amalgamated -Bro. Tom Garrison and Bro. John Ballantyne are working
timelessly.
Brother Paul capurso's Report:
Brother Capurso congratulates all new Officers and pledges his support for all members.
Business Representatives are on campaign and on dockbuilder jobs and asks everyone to please
assist them.
A motion was made by Bro. George laMontagne to accept Brother Capurso's report and
seconded by Bro. Christopher Parzych and so carried.
There will not be a report this month from the Director of Operations, Matthew Walker.
E.S.T. Michael Bilello's Report:
Brother Bilello thanks everyone and says he won't change. His goal is to make the Council work
for its membership,
He thanked Bro. John Ballantyne earlier and said Brother Ballantyne conducts himself well. He
also thanks the delegates for attending the meeting on January 9
th
and 10
th
and says they
worked well and gave concerns and passions in the interest of rank and file. It shows when all
are brought into fold and make points that it benefits our members. It's all about hard work.
5
th
& 10
th
Brother Bilello reads the minutes from the two day C.B.A. classes (January 9 ).
He also makes a motion for the delegates that were working and lost wages to be
compensated for eight (8) hours pay, providing proof of lost wages by their employer for the
special called meeting on January 9
th
and 10
th
, 2012 to discuss and evaluate pending C.B.A's.
Both meetings lasted longer then a work day. The motion is seconded by Bro. Thomas King
On Question:
Bro. Greg Kelty - all delegates should be paid, it costs money and time. Bro. Craig Johnson
seconds it.
Bro. Guy Collins - some came late and that's not fair.
Bro. Patrick Nee - You would then pay some Representatives if everyone gets the stipend.
The problem is unemployment.
Bro. Levi Messinetti - If you are on unemployment and you go, you miss a possibility of getting
a job for days.
Bro. Craig Johnson I came both days and if unemployment asks, I'm screwed altogether if I
respond truthfully.
EST. Bilello - Delegates were notified of the meeting late. Some complained why not
Saturday? Why not four (4) hours at a time? Etc ... We are trying to do the best we can. There
was a lot involved. All Delegates that were working should be paid. We can revisit this in the
future.
Bro. Joseph Geiger, President and Delegate (LU. 1556)- Took attendance of his Delegates.
Bro. Sal Tagliafero, President (LU. 926) - Took attendance
Bro. Christopher Wallace, President and Executive Delegate (L.U. 20) - Took attendance (two
delegates in attendance, one after work)
Regarding unemployment - Being on the out of work list means you are ready, willing and able
to work. If you didn't turn down work you can be paid.
Bro. Guy Collins Need a letter from employer?
Bro. Andrew Mucaria took attendance.
Bro. Kevin Fleming Took attendance (all five present, left early first day)
6
Bro. William Walsh - Sign paper and have Review Officer check it out.
Bro. Sal Tagilafero - A fair days work for a fair days pay, living wage.
Bro. Patrick Nee - What is proof? Pay stubs, etc... ?
Bro. Kevin Fleming - Were they notified? (Ves) Was it mandatory? (No, requested)
A motion was made to pay lost wages.
All in favor of main motion? Original motion is carried. No opposition.
E.S.T. Bilello - New set of responsibilities. We must get contract in place.
C.B.A. Advisory Committee (Executive Delegate from each local): Plus, Sal Tagliaferro, Daniel
Walcott, Stephen Mcinnis & Paul Capurso. This is the recommendation of the Executive
Committee. Kevin Corrigan respectfully declined. Sean Doonan respectfully declined. We will
look for local 157 rank and file in the future. A motion to approve the members of the
Committee is made by Daniel Sessa. The motion was seconded by Marty Flash. The motion is
carried.
Bro. Pat Nee - No local 157 members? (As it stands, Paul Capurso, Stephen Mcinnis and
Michael Bilello) He will exercise his right to put one into place.
President Lebo - Appointments were well deserved.
Bro. Thomas King - All Locals have representation through the Executive Committee.
Bro. Guy Collins - Let Tom McGonnigle represent the Local.
E.S.T. Bilello will take under consideration. Move the motion. The motion is carried.
Brother Bilello - The blue card is dead but as with the contracts it opens a new set of issues.
We must figure out how to collect assessments.
Bro. Bill Walsh - Can Brian Brennan be reinstated?
Brother Bilello - It may be happening. I will get status. As E.S.T. he will do what he can to the
best of his ability.
On Amalgamated - Brother Bilello thanks Brother McWilliams for his report. He was at the
Building Trades with Bro. Stephen Mcinnis to introduce himself. He pledged solidarity with
other trades and concerns over Amalgamated. They pledged to support us 100%.
7
E.S.T. Bilello - Under Section 10(N) of the Bylaws I appoint William lebo as Assistant to the
E.5.T. (He reads the job description). Michael Cavanaugh makes a motion to approve the
appointment. The motion was seconded by Christopher Parzych.
On Question:
John Mesumuchi - On page 10(N), the E.S.T. will be assisted by the Director of Operations and
Organizing.
The motion was carried.
E.S.T. Bilello makes a motion to appoint Bro. William Lebo as Trustee to all Benefit Funds. The
motion is seconded by Bro. Joseph Geiger.
Elly Spicer - Current? Or to fill spots?
Answer International Reps. reSigned. The Labor Reps. are staying {Michael Bilello, Michael
Cavanugh, William Lebo, Paul Tyznar, John Sheehy and Paul Capurso.
Joseph Sabatino - Will they be paid?
Answer-No
E.S.T. Bilello The duties for Bro. Bill is a long list. There is no shortage of work. Brother
McWilliams is immersed in work. Bill isn't infringing on Brother McWilliams but it's another set
of hands to get things moving in the right direction. There is so much to do. Every member
needs to be represented. He will be involved in everything that goes on here. We want it right.
He states Bro. Paul Tyznar is doing the minutes. He had 15 minutes to prepare. We want it as
professional as can be. Plus it's being recorded. We want to be thorough. If the E.S.T. had to
do it, it wouldn't be as accurate as having someone focusing on just doing the minutes.
On C.B.A.'s - It's a lot of work, it has to be done right. A lot has been done over the past two
days. We need to meet and get it done. Brother Bilello will be meeting with the G.C.A. on
Monday and spoke to the B.CA. today. We are working on getting Legal Counsel. He thanks
the Delegates (Brothers and Sisters).
A motion was made by Bro. Joseph Geiger to approve E.5.T. Bilello's report. The motion is
seconded by Bro. Dominic Baressi. The motion is carried.
Vice President Michael Cavanaugh's Report:
8
, , , '.
Brother Cavanaugh - It's an honor to represent this membership. -rhanks to the Delegates. The
first day was rough but by the end of the second day, lots got done. We are vulnerable. We
need the contracts done. We can be the greatest Construction Union in New York City. It starts
here. For the good of the members we have to make it happen. Work together. You can't let
another union attack the N.Y.C. District Council. You have to be the conduit to your members.
We will crush them.
Bro. Tom King makes a motion to approve the report. The motion is seconded by Bro. Dominic
Baressi. The motion is carried.
Good of the Order:
Bro. Bill Walsh - Will there be a member gallery at all future meetings?
President Lebo - Yes, like tonight.
Bro. Joseph Sabatino ... Will the meetings be held the 2
nd
President lebo ... The next Delegate meeting notification will be made. Sorry for the short
notice.
Bro. Patrick Nee ... What about the remaining contracts being posted.
Bro. Paul Capurso - They will soon be up on the website.
Bro. Joseph Sabatino ... What will the schedule be? 2
nd
Yes
Bro. Larry Cirello ... 5:00 p.m. works
Bro. George LaMontagne - Regarding Amalgamated, as delegate body, our contracts are
tabled, but they are on Jawin and Crains. We must not divulge our business to the public.
Bro. Guy Collins ... Someone was taking pictures. It was Mesumuchi and Ballantyne did nothing.
Mesumuchi wasn't there Monday, but took pictures on Tuesday. How do we trust Mesumuchi?
Bro. Christopher Wallace ... Good point. It's a violation of Section 51a (8) : It's so important to
make an example.
Bro. Guy Collins -I'll bring him up on charges.
Bro. Adam Harkin ... Does this apply to aU members?
Yes
9
Bro. Greg Kelty - Delegates are supposed to keep members informed, not report to Crains.
President lebo - There is also freedom of speech issues.
Bro. George LaMontagne - Good point but after they were voted on, it should be brought out.
Not to the press and not before the items are voted on.
Bro. Paul Capurso - We want members to have the information on our site with secured access.
President lebo Moves to the Good of the Order:
New Business:
Bro. Joseph Geiger - On behalf of local 1556, Pledges support.
Bro. Patrick Nee - On behalf of local 157, Pledges support.
Bro. Sal Tagliafer - Congratulations and Pledges support.
Bro. Christopher Wallace - Goes without saying, some twelve years ago this month. Same
situation, we had high hopes, we know how it turn out. I know now we will do well with
Michael Bilello, Bill Lebo and Michael Cavanaugh.
President lebo - We received a gavel from Brother Christopher Wallace
Bro. Michael Rodin - Pledges support and good luck
Bro. Kevin Fleming - Pledges support and good luck
Bro. Andrew Mucaria - Pledges support and good luck
Bro. Pete Corrigan - Motion to adjourn
Bro. Dan Dore - Who is the new President at LU. 20? Response: It will be John Greene
Bro. Daniel Walcott Pledges local 740's support
Bro. Guy Collins - Kick ass and do the right thing guys
Motion to adjourn.
Josh leight - Will there be an Audit Committee?
President lebo - There will be an election for the Audit Committee. Notification will be made
Josh - Two Delegates from body must be elected. They will review the information.
10
President Lebo - Please sign in.
A motion was made to adjourn. The motion is seconded by Dennis Olenick and carried.
Meeting Adjourned.
11
J
---I.
Exhibit 7
Gmail- Notice of 10.18.12 trial dare bttps:llmril.google.com'mrilfU/0I?ui=2&iReafc95719&view=pt&q=" ...
,

Notice of 10.18.12 trial date
Susan Swan <sswan@doarlaw.com> Fri, Oct 5, 2012 at 8:13 PM
To: "danieljfranco1@grnail.com" <danieljfranco1@grnail.com>, robert rnakowski <bobrnakski@hotrnail.com>
Cc: MackandTCstaff <MackandTCstaff@doarlaw.com>
Attached please find a notice of trial date for the following cases as well as accompanying documents:
12-7-039 Daniel Franco & Robert Makowski v. Michael Bilello
12-7040 Daniel Franco & Robert Makowski v. William Lebo
Thank you,
--Susan
Susan Swan
Suite 707
217 Broadway
New York. NY 10007
212-619-3730 (telephone)
212-962-5037 (facsimile)
3 attachments
t:l Notice of trial date to Daniel Franco, Robert Makowski #12-7-039, 12-7...Q40.pdf
102K
~ DC Trial Committee Trial Process.pdf
13K
~ DC Charge and Trial Procedures. pdf
133K
3/1212013 8:55 Pt.
lofl
New York City District Council of
Carpenters ,Trial Committee
Walter Mack
James Zazzali
Trial Committee Vice-Chairman
October 5, 2012
ViaE-mail
Mr. Daniel Franco
Mr. Robert Makowski
Caption: Daniel Franco & Robert Makowski v. Michael Bilello
Daniel Franco & Robert Makowski v. William Lebo
Docket #:
DQCket#:
12-7-039
12-7-040
Dear Mr. Franco & Mr. Makowski:
This letter is to notify you that the date for this trial is: Thunday, October IS. 2012.
You are the charging parties in this matter. Proceedings will start at 4:15 pm at the District
Council, 395 Hudson Street, 10
th
Floor, NY, NY. Contact me as soon as possible if you have a
scheduling problem with this date. There are no adjournments other than permitted under the
Charge and Trial Procedures. No adjournments will be granted on the day of trial.
Attached is a copy ofthe District Council Trial Committee: Trial Process information
sheet to help you understand how trials proceed as well asa copy ofthe District Council Charge
and Trial Procedures. This information is also available online at the District Council website in
the members section.
Please note your rights to present evidence at trial (Section 14) and request witnesses on
your behalf at trial (Section 9). Ifyou plan to use documents to present your case, please bring
three copies of each, in addition to your own set, for the other participants in the trial process.
If you have any questions, please do not hesitate to contact my office. Thank you for your
attention to this serious maUer.
Walter Mack, Chairman Trial Committee
(212) 619-3730
MackandTCStaff@doarlaw.com
__'t
District CODen Trial ColDIDittee: Trial Process
Subject to the District Council ChaIge and Trial Procedures, dated July 30, 20I0, and as a
supplement to Paragrapb 12 of said Procedures, the order ofevents in a trial conducted
thereunder, in general, is as follows:
1. The panel selected must be seated and sworn.
2. The presiding officer must announce the matter and may deliver preliminary instmctions to
the panel regarding its duties, and the rules of evidence and procedure which will be employed.
3. The plaintiff must deliver an opening statement to the panel which generally states the
allegations of the complaint and the means ofproof which will be offered.
4. The defendant may deliver an opening statement to the panel.
5. The plaintiff must offer evidence in support ofthe complaint*
6. The defendant may offer evidence in his defense.
7. The plaintiff may offer evidence in rebuttal of the defense evidence. The defendant may
then offer evidence in rebuttal ofthe plaintiff's rebuttal evidence. The presiding officer may in
his discretion permit the parties to offer further rebuttal or surrebuttal evidence in this pattern. In
the interest ofjustice, the presiding officer may permit either party to offer evidence upon
rebuttal which is not technically of a rebuttal nature but more properly a part of the offering
party's original case.
8. At the conclusion of the evidence. the defendant may deliver a summation to the panel.
9. The plaintiffmay then deliver a summation to the panel.
10. The presiding officer may then deliver a charge to the panel ifrequested by a party or the
paneL The parties may suggest the substance of such charge to the presiding officer.
II. The panel must then retire to deliberate and render a verdict by majority vote.
*There shan be direct examination ofal1 live witnesses which shall be followed by C'I'OSS-oeX3mination ifdesired by
the opposing party. followed by re-direet and re-cross examination to the extent deemed necessary by the presidinl[
officer. The presiding officer may question a witness in his disaction.
*"'*"''''
United SlIItes ,t, District Council, et td.. 90 Cit'. 5711, SDN1' (RMB)
DISTRIct COUNCIL CHARGE AND TRIAL PROCEDURES
1 Elfective Date
The Charge and Trial Procedures stated herein are effective as of September 7, 2010.
They may be amended only by operation of authority stated in the Stipulation and Order entered
on June 3, 2010, in the matter of United States v. District CounciI. et al., 90 Civil 5722 (RMB)
(the "Stipulation and Order"), by Order of the Court, or on' the consent of the parties to the
Stipulation and Order (except the Benefit Funds).
A. These procedures shall apply to all matters within the authority of the Trial
Committee of the District Council. of New York City and Vicinity of the United Brotherhood of
Carpenters and Joiners ofAmerica ('"Trial Committee" and "District Council") as defined herein.
Such matters include all charges filed by the Review Officer appointed pursuant to the
Stipulation and Order and all members of the District Council as defined by the Stipulation and
Order ("members").
B. Members may only file cluu:ges for matters authorized by Section 51 of the
Constitution ofthe United Brotherhood ofCarpenters and Joiners ofAmerica.
C. The terms "bearing" and "trial" are used synonymously herein.
3 TJae Trial ColIUIdttee ud Heariag Pu.
A. Panels ofthe Trial Committee shall hear and judge all charges as provided for herein.
The Trial Committee shall comprise a Chairman, Vice-Chairman and two (2) members from
each local union of the District Council appointed through majority vote of the executive boards
of each local union (subject to Paragraph S.b.iii of the Stipulation and Order). Written
certification of such appointments shall be provided by each executive board to the District
Council and the Review Officer.
B. Said appointees shall provide an affidavit to the Review Officer before they may
serve on the Trial Committee. The member must swear or affirm in said affidavit that as a
member of the Trial Committee he (meaning he or she throughout 1his document) will conduct
himself in a seri9US, fair, decorous and objective manner and in conformance with the
Constitution of the United Brotherhood of Carpenters and Joiners of America, the Consent
Decree in 1his matter, and the Stipulation and Order. 1be member must also further swear or
affirm in said affidavit that he has never committed an act in violation of the Consent Decree or
the Stipulation and Order and that he will disclose before sitting in any particular matter
contemplated by these procedures whether be has a contlict of interest wllicb would influence
his ability to be fair and impartial in such matter.
llPage
United States ". District Cou.ncil, et aL, 90 Civ. 5711, SDNY (RJ\lB)
DISTRIct COUNCD.. CHARGE AND TRIAL PROCEDURES
1 Effeetlve Date
The Charge and Trial Procedures stated herein are effective as of September 7, 2010.
They may be amended only by operation of authority stated in the Stipulation and Order entered
on June 3,2010, in the matter of United States v. District Council. et al., 90 Civil 5722 (RMB)
(the "Stipulation and Order"), by Order of the Coon, or on' the consent of the parties to the
Stipulation and Order (except the Benefit Funds).
1 ScoRe
A. These procedures shall apply to all matters within the authority of the Trial
Committee of the District Council of New York. City and VlCinity of the United Brotherhood of
Carpenters and Joiners ofAmerica ("Trial Committee" and "District Council") as defined herein.
Such matters include all charges filed by the Review Officer appointed pursuant to the
Stipulation and Order and all members of the District Council as defined by the Stipulation and
Order ("membersj.
B. Members may only file charges for matters authorized by Section 51 of the
Constitution ofthe United Brotherhood ofCarpenters and Joiners ofAmerica.
C. The terms "hearing" and "trial" are used synonymously herein.
3 The Trial ColDIIIiqee aacI Beu1!lI Puels
A. Panels ofthe Trial Committee shall hear and judge all charges as provided for herein.
The Trial Committee shall comprise a Chairman, Vice..cbairman and two (2) members from
each local union of the District Council appointed through majority vote of the executive boards
of each local union (subject to Paragraph 5.b.iii of the Stipulation and Order). Written
certification of such appointments shall be provided by each executive board to the District
Council and the Review Officer.
B. Said appointees shall provide an affidavit to the Review OffiCer before they may
serve on the Trial Committee. The member must swear or affirm in said affidavit that as a
member of the Trial Committee he (meaning he or she throughout this document) will conduct
himself in a serious, fair, decorous and objective manner and in conformance with the
Constitution of the United Brotherhood of Carpenters and Joiners of America, the Consent
Decree in this matter, and the Stipulation and Order. The member must also further swear or
affirm in said affidavit that he has never committed an act in violation of the Consent Decree or
the Stipulation and Order and that he will disclose before sitting in any particular matter
contemplated by these procedures whether he has a conflict of interest wlrich would influence
his ability to be tair and impartial in such matter. .
llPage
C. Each matter before the Trial Committee shall be conducted by a hearing panel
("Panel, comprising the Chairman or Vice-Chairman and five (5) Union members of the Trial
Committee. Four other Union members of the Trial Committee shall be present at the hearing
but shall only serve on a Panel if (1) "peremptory challenges" (see infra) are employed by a
party or both parties at the start of a hearing or (2) a Union member of the Trial Committee
selected for the Panel is unable to deliberate.
D. The Union members of a Panel shall be selected (from the full pool of Trial
Committee members) by lottery conducted by the Trial Committee and supervised by the
Chairman conducted within two days of the scheduled start of a hearing. Nine names shall be
selected in the lottery and each shall serve on the Panel in the older of their selection. Each party
has two peremptory challenges which may be exercised before the start ofa hearing whereby be
may remove two names without showing cause until five Panel members are seated. Union
members of the Trial Committee discharged after being removed must leave the room and may
leave the premises.
E. The Chairman shall preside during the sessions of the first duly-constituted Panel and
the Vice..chainnan shall preside during those of the second. They shall thereafter alternate in
this manner in performing the duties of the presiding officer (described infra) in subsequent
panels.
F. Subject to any limitation described a : e ~ each Panel will hear evidence in a hearing
(which may be adjourned in the discretion of the presiding officer when necessary) and then
privately deh"berate and determine whether a member is guilty or not guilty of each charge and
impose disciplinary penalties against any member found guilty of said clwges, including fine,
suspension, and expulsion. Penalties imposed for violations of the Constitution of the United
Brothelhood of Carpenters and Joiners of America shall be as provided for therein. The
presiding officer may not be present for deh"berations but may instruct the Panel regarding
procedure and the elements ofthe charge as provided for herein.
G. No more than one Panel shall sit on any given day unless a second Panel is
continuing an adjourned matter and is composed of Trial Committee memba:s different from
those sitting in the other Panel active on such day. One Panel win be formed to sit for all matters
scheduled to be presented on a given d a y ~ any of which may be adjourned as necessary once a,
hearing has begun .
.. Chairman and Viee::CJudrma!!
A. The District Council and Review Officer have agreed that Walter Mack shall serve as
Chairman and James ZazzaJi shall serve as Vice-Chairman of the Trial Committee. Each shall
serve until resignation or until removed or replaced upon the operation of Paragraph S.f.v of the
Stipulation and Order. the agreement of the District Council and the Review Officer or for good
cause presented upon a motion made to the District Court by the District Council after action by
the Review Officer pursuant to Paragraph S.f of the Stipulation and Older. Upon mJCh
resignation or removal. all Trial Committee records kept by the departing officer shall be
forwarded to the remaining officer. Upon the appointment of a new Chainnan. any records
llPage
received by the Vice-Chairman from the former Chairman shall be forwarded to the new
Chairman.
B. The Chairman and Vice-Chairman shall perform duties and pn:side in proceedings as
described herein. The Chairman and Vice-Chairman may substitute for each other upon their
written agreement to do so. Each shall be compensated and reimbursed for reasonable expenses
and the amount of such compensation and scope and amount of reimbursement shall be
acceptable to the District Council and committed to a written agreement disclosed to the
government and the Review Officer.
C. The Chairman and Vice-Chairman shall decliI)e to preside in any matter which
presents them with a c o ~ of interest and the remaining officer shall preside in such matter. A
substiblte presiding officer a.g,eed upon by the parties to the Stipulation and Order (except the
Benefit Funds) may be appointed to preside in any matter when both have a conflict.
5 Climes aDd RespoDSeS
A The Review Officer, or the charging member (the "plaintiffj, shall file with the
Chairman (via email. first-class mail or courier) a written, specific charge (which may contain
multiple counts) against a member. The charge instnuneut shall be signed by the Review Officer
or plaintiff as applic::able and be referred to as the "complaint." The Chairman shall log the
compla:i.n4 assign a number to the matter, open a file for the matter, request the addresses of the
accused member (the "defimdant") ftom the District Council (which shall comply with such
request within two business days) and within three business days send the complaint with its
matter number, a plea form (see infra) and a copy of these procedures (by mail or courier service
which provides proof of delivery). to the address of the accused member kept on file with the
District Council. The plaintiff shall include on the charge an email address by which the plaintiff
may be contacted for all purposes related to the matter.
B. The complaint shall state the period of the alleged miscondu.ct, and state filets related
to the alleged misconduct sufficient to give reasonable notice of the conduct in question. For
charges filed by the Review Officer, "misconduct" means conduct described in Section S.f of the
Stipulation and Order. 1be complaint shall be signed by the Review Officer or his designated
representative, or in the case of a member bringingcharges. by the plaintiff member.
C. A defendant must complete a plea form and return it to the Chairman within two
weeks ofdelivery of the complaint. The plea form shall be created by the Chainnan and shall be
labeled "Plea Form." It shall contain the caption for the matter; the number assigned to the
matter and a clear direction to the accused that he must plead either guilty or not guilty to the
charge and indicate his choice by checking an appropriate box on the foniI.. signing the form and
writing his Union ID number on the form and returning it by first class mail or registered mail to
the Chairman at the address indicated on the form. The plea form shall also contain the email
address of the Chairman and opposing party and may contain any other administrative direction
or guidance deemed by the Chairman to be necessary for the efficient eotv.luct of Tnal
Committee business.
JIPage
D. Within three weeks of delivery of a copy of the complaint from the Chairman, a
defendant who bas pleaded not guilty may submit to the Chairman an affidavit with or without
exhibits in response to any charge. The Chairman will distribute said submission to the Panel
and it shall be considered with appropriate weight attached by the Panel and presiding officer as
part of the record in a hearing. Such affidavit must be filed with the Chairman via email and
copied to the plaintiff or Review Officer. depending upon who filed the charges. The original
affidavit must be made available to a Panel upon tequest at the hearing.
B. If a defendant fails to return a plea form to the Chairman as required, he shall be
deemed guilty as charged but may still appear on the hearing date to present evidence and
arguments regarding the penalty to be fixed by the Panel.
6 HeariJlgs
A. A hearing shall be scheduled by the Chairman to take place on the first available day
thirty (30) days after filing of the charges but which will in no event be scheduled to take place
later than sixty (60) days from the date when the charges were filed. The Chairman shall
provide reasonable written notice of said schedule to the parties.
B. In a matter where a member has pleaded guilty via plea form, the bearing shall only
involve the penalty phase of the matter.
7 Representatien and AdvGCag
A. The plaintiffand defendant may be represented before a Panel by a member of a local
union affiliated with the District Councilor by an attorney. Such parties shall bear their own
costs. Representatives or counsel for parties shall file a notice of appearance with the Panel
composed for a matter before proceedings are begun.
B. The Review Officer may be represented before a Panel by a designee. Any charge
filed by the Review Officer may be presented by a District Council Advocate {"Advocate"}
employed or engaged by the District Council provided that the Review Officer confirms such
delegation in a written notice to the presiding officer in a matter. The District Council shall
appoint such Advocate by September 3, 2010. Said appointment shall be subject to review
pursuant to Paragraph S.b.iii of the Stipulation and Order.
C. Upon the expiration of the term of the Review Officer, all charges relating to
violations of the Cousent Decree, federal or state law shall be brought by the Advocate. The
Advocate shall be a member of the Bar ofthe State ofNew York and admitted to practice in the
Southern District ofNew York.
8 Recordation of Proceedings and Preservation of Exhibits
A. The proceedinp before the Hearing Panel shall be reQOtded and. tnmscribed by a
qualified court reporter. The expense of the court reporter shall be paid by the District Council.
4lPage
B. The Trial Committee, under the auspices of the presiding officer, shall provide for the
security of all exhibits admitted into the record of a proceeding until such time as a party waives
appellate rights or said exhibits shall no longer be needed as part of any appeal. Thereafter. they
may be disposed of by the Trial Committee thirty (30) days after a party is served with written
notice (via email or first class mail) that said exhibits may be reclaimed by the party or be
shredded after the thirtieth day such notice was served.
A plaintiff or defendant may request that a member of a local union affiliated with the
District Council appear at a hearing as a witness. The plaintiff or defendant'must submit the
request in writing to the Cbainnan and 'provide the name and local union affiliation of the
member requested to appear along with the date of the hearing. The request must be submitted
no less than seven (7) days prior to the hearing and shall be forwarded to the senior executive
officer of the District Council (whether Supervisor. Executive Secretary-Treasurer or other).
The District Council must within one business day of reeeiving the request mail a letter via first
class mail infOIDling the member of the date, time and place of the hearing, and that his or her
presence has been requested by the plaintiff or defendant to appear at the hearing. The District
Council cannot compel any member to appear as a witness. The Review Officer's authority as
provided for under Section 5(d) of the Stipulation and 0n:Ier shall be applicable to these
Procedures.
10 Requests for AdlO1Il'IUDeIlt ofa Heariag
A party to a matter may request that a bearing date be rescheduled. Such request shall be
granted once on a showing of good cause and thereafter may only be adjourned in the discretion
of the presiding officer. All requests for such rescheduling must be submitted in writing via
email or first class mail to the presiding officer of the Panel as soon as practicable and copied to
any other party by similar means. The request shall describe the reason for the adjournment and
suggest dates for the hearing to occur or be continued. The requester shall have confemd with
the opposing party to determine the availability of the suggested dates. The presiding officer
shall decide whether to grant the request or not, and advise the parties in writing ofbis decision.
If the request is granted, the presiding officer shall set a date for the hearing to begin or resume
which shall not be ten (10) days later than the original hearing date or the last day of the hearing
prior to adjournment.
11 Location ofBearlna and Attenduce
All hearings conducted pursuant to these procedures shall be bekl on the 10* floor of the
District Council, 395 Hudson Street, New York, New York, in the large east meeting room and
shall be open to all ~ . The presiding officer ofa Panel may consent to the use of another
room or direct any persons using the room for another purpose to use it at a different time or use
an alternative space. AU hearings in which the Review Officer is a party shall be open to the
public subject to reasooable security considemtions and room occupancy limitations set by the
City ofNew Yark.
12 Rules for tile Co.duet of tile HeariDg
A. As further descnDed infra, the presiding officer shall sit as the judge in the hearing of
a matter and shaU have the authority and responsibility granted herein.
B. UnJess otherwise stated herein. the hearing shall be conducted pursuant to and in
accordance with the rules and procedures generally applicable to labor arbitrations as
promulgated by the American A1bitration Association, and as provided for under Section S2J of
the Constitution of the United Brotherhood of Carpenters and Joiners of America. Affidavits
shall be received in evidence but will be accorded less weight than live testimony. Direct
testimony may be accomplished via affidavit and accorded the same weight as live testimony if
the affiant is available for cross-examination. Witnesses shall be placed under oath. Post-hearing
briefs may be requested by the Panel before rendering a veroict if authorized by majority vote of
the Panel while in session and on the recoro or authorized by the presiding officer upon the
timely request of a party.
13 Autllorlty of CbaInaaa aDd Vice-Cbalrmaa
A. The Chairman and Vice-Chairman shall sit as presiding officer for a Panel and
preside as judge at all hearings pursuant to these procedures. They shall alternate as presiding
officer from Panel to PaDel. The presiding officer shall rule on all issues of procedure. evidence,
deconun and any other matter which requires a decision regarding procedure, evidence, and
maintenance of a serious, fair and decorous environment. The presiding officer for a Panel shall
have the authority to dismiss duplicative charges in a complaint and any charges not authorized
by the Stipulation and Order or the Constitution of the United Brotherhood of Carpenters and
Joiners of America. The presiding officer shall have the authority to dismiss a complaint which
does not state a cause of action or fails to comply with any requiranent stated herein. The
presiding officer shall state on the record or provide a written statement for the record the basis
for any such action. There shall be no appeal of dismissed charges to the United Brotherhood of
Carpenters and Joiners of America:
B. Only Panel members shall vote on the guilt or innocence of a defendant. The
presiding officer shall not vote but shall have the authority upon motion of a party to (1) enter a
directed verdict when no reasonable Panel member could decide a matter in a contrary way or
(2) enter a 'Judgment" notwithstanding any decision of a Panel when such decision is contnll'y to
the weight of the evidence presented in a matter. The presiding officer shall instruct the Panel
members in regard to their duties and the elements of a charge as may be requested by the
Hearing Panel or deemed necessary by the presiding officer. Such instructions shall be rendered
on the record and in the presence ofthe parties.
C. Any exception to any mling ofa presiding officer must be preserved on the recoro if it
is to be taken as a material point argued on appeaL
D. If substantial evid.eooe of of the Chainman or Vice-Chairman or other
good cause are presented to the Review Officer during the Review Officer's tenure, or to the
Government or District Council after the Review Officer's tenure, either may be replaced upon
the consent of the Review Officer or, after the Review Officer's tenure, the Government and. the
District Council.
14 Filla, of Documents
A. All affidavits, letters, briefs, or other documents created for submission in a matter
shall bear the caption and. number of the matter and. be filed by a party via email sent to the
presiding officer with email copies to the opposing party (which shall also serve as proof of
service).
B. Alternative filing methods may be authorized by the presiding officer in a matter
upon a showing of necessity. All such documents must be served upon the opposing party by the
filing party before they may be admitted into the record of a matter. If the presiding officer
authorizes an alternative method of service, proof of such service must be presented to the
presiding officer before the filed documents can be admitted into the record.
15 The Decisloa. of the Panel; Certalu Modon RIghts
A. Upon the closing of the Review Otlicer's or plaintitrs case at a hearing, a defendant
may move the presiding officer for any charge to be dismissed if the evidence presented. is
insufficient under the law or the UBC Constitution, as applicable, to sustain the cbarge. The
presiding officer may grant such motion but must state the reason or reasons for doing so on the
record or in a written statement for the record. Such dismissal shall be without prejudice.
B. Upon the closing of the record, in the absence of a directed verdict, the Panel shall
then deliberate and reach a ve.nti.ct by majority vote on the charges before the Hearing Panel.
C. Upon informing a defendant of its verdict and the penalty for conviction on a charge,
a written confirmation of the vote and penalty with respect to each charge shall be provided to
the parties. Each voting member of the Panel shall sign said written confirmation, which shall
bear the caption of the matter, the matter number and the date. The presiding officer may rule on
a motion for a directed. verdict within two business days after the decision of the Panel is
rendered.
D. A party may move at the time ofthe verdict or within two business days thereafter for
the presiding officer to issue a ''judgment" (a substitute verdict) notwithstanding the Panel's
verdict as authorized herein or for equitable relief from an 8Ibitrary and capricious or
demonstrably excessive penalty. The presiding officer shall state on the record or provide in
writing for the record within one week ofthe verdict the basis for any such action.
16 Settlemeut orClImes
A. The Review Officer or a plaintiff may agree to settle filed chaIges at any time prior to
the issuance of a decision by a Panel and such settlement shall not be subj4:OCt to any funher
review or consideration. The Review Officer may also settle prospective charges with any
member rather than filing such chaIges with the Trial Committee.
71Page
___Ii
B. Charges brought by a member may be settled only with the approval of the presiding
officer ofa Panel and only after notice bas been provided to the Review Officer for review.
17 Appeals
A. A party to a matter conducted pursuant to these procedures may appeal a decision
issued by the Panel or the presiding officer (where exception has been noted on the record of the
proceedings) pursuant to Section 53 of the Constitution of the United Brotherhood ofCarpenters
and Joiners of America. If a timely appeal is not filed, the decision of the Panel (including any
related or incorporated ruling of the presiding officer) shall be final and put into effect. Appeals
of a not guilty verdict rendered by a Panel are not permitted.
B. It shall be the responsibility of the presiding officer of a Panel to timely provide the
record of the underlying proceedings to the [UBC] Appeals Committee after receiving notice
from the Appeals Committee that an appeal has been filed.
18 Preservation of Trial Records and Inspection
A. The District Council shall preserve electronic copies of the transcripts of all Trial
Committee proceedings for a period ofnot less than three years. Any member within said period
may inspect any such transcript for any reason during business hours and may make notes ofany
transcript for any lawful purpose.
B. Upon the completion of a matter, a party to a Trial Committee proceeding may ask
the presiding officer via signed letter for an electronic copy of the transcript of the proceeding in
which he was a party. The presiding officer shall promptly provide or direct the District Council
to provide a bona fide requester with such copy.
C. The District Council shall keep an electronic record of all decisions of the Trial
Committee and shaH hold and preserve the written decision of the Trial Committee in each
matter after having scanned and digitized said document for the electronic record. Any member
may inspect said electronic record for any lawful purpose during business hours.
Dated: White Plains, New Yode
July 30, 2010
Dennis M. Walsh
Review Officer
',Page
____I!
Office of Dennis M. Walsh
The Review Officer
90 Civil 5722 (SDNY)
Fitzmaurice II: Walsh, LLP
IS Chester Awnue
While Plains, NY 10601

914.431.9058
AMENDMENT OF CHARGE AND TRIAL PROCEDURES RtJl$ 10
Having conferred on July 7,2011, with the Chairman and Vice Cbainnan ofthe District
Council Trial Committee, counsel for the District Council Supervisor, the District Council
Inspector General, the District Council Advocate and StaffCounsel to the Review Officer on,
among other matters, the question ofthe efficacy ofRule 10 of the District Council Charge and
Trial Procedures dated July 30,2010, and on the concurrence ofthe parties to said conference
that Rule 10 should be amended to remove the ten-day provision in the final sentence of said
rule, the final sentence is hereby amended and replaced with the following:
Ifthe request is granted, the presiding officer shall select the earliest appropriate date
and timefor the hearing 10' begin O'r resume and sO' i'!form fhe -relevant parties.
Dated: White Plains. New York
July 8, 2011
Review Officer
,
Exhibit 8
GIroil ~ NOtice of 11. 1.12 trial date hUps:llmtil.google.comlmtillulO/'?ui=2&ik=ceafc9S719&view=pt&q="...
Daniel J. Franco <danieljfranc01@gmail.com>
Notice of 11.1.12 trial date
Susan Swan <sswan@doarlaw.com> Fri, Oct 19, 2012 at 8:54 PM
To: "danieljfranco1@gmail.com" <danieljfranco1@gmail.com>, "bobmakski@hotmail.com"
<bobmakski@hotmail.com>
Cc: MackandTCstaff <MackandTCstaff@doarlaw.com>
Attached please find a notice confirming the trial date for the following cases as well as a copy of the Trial
Process:
127039 Daniel Franco & Robert Makowski v. Michael Bilello
12-7040 Daniel Franco & Robert Makowski v. William Lebo
Thank you,
Susan
Susan Swan
Suite 707
217 Broadway
New York, NY 10007
2126193730 (telephone)
2129625037 (facsimile)
2 attachments
tj Notice of trial date to Daniel Franco, Robert Makowski #12-7-039, 12-7-040.pdf
299K
~ DC Trial Committee Trial Process.pdf
13K
3/12/2013 9: 10 p ~
10fl
.'
New York City District Council of
Carpenters Trial Committee
Walter Mack
James Zazzali
Trial Committee Vice-Chairman
October 19,2012
Via E-mail
Mr. Daniel Franco
Mr. Robert Makowski
Caption: Daniel Franco & Robert Makowski v. Michael Bilello
Daniel Franco & Robert Makowski v. William Lebo
Docket #:
Docket#:
12-7-039
12-7-040
Dear Mr. Franco & Mr. Makowski:
This letter is to contirm that the new trial date for these cases is: Thursday, November 1,
2012. You are the charging parties in this matter. Proceedings wiII start at 4:15 pm at the District
Council, 395 Hudson Street, 10
th
Floor, NY, NY. Contact me as soon as possible if you have a
scheduling problem with this date. There are no adjournments other than permitted under the
Charge and Trial Procedures. No adjournments will be granted on the day of trial.
Also attached is a copy of the District Council Trial Committee: Trial Process
information sheet to help you understand how trials proceed. Previously, we went you a copy of
the District Council Charge and Trial Procedures. This information is also available online at the
District Council website in the members section.
Please note your rights to present evidence at trial (Section 14) and request witnesses on
your behalf at trial (Section 9). If you plan to use documents to present your case, please bring
three copies of each, in addition to your own set, for the other participants in the trial process.
If you have any questions, please do not hesitate to contact my ot1ice. Thank you for your
attention to this serious matter.
Walter Mack, Chairman Trial Committee
(212) 619-3730
MackandTC S taff(zv,doarlaw .com
Exhibit 9
Bcc:
ii
-
Information for Members; NYCDCC Website
Daniel J. Franco <danieljfranco1@gmail.com> Mon, Nov 29,2010 at 1 :57 PM
To: "Frank G. Spencer" <fspencer@nyccarpenter.com>
Cc: Terrence Mooney <tmooney@trrncpa.com>, "Denris M. Walsh" <drnwfw@verizon.net>, Welter Mack
<wmack@doarlaw.com>, John BaUantyne <jballantyne@nyccarpenter.com>, ''Torrance, Benjamin (USANYS)"
<Bel1iamin.Torrance@usdoj.gov>, "LaMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg, Lisa (USANYS)"
<Iisa.zornberg@usdoj.gov>, "Gibbs, Ryan - OIG" <gibbs. dol.gov>
Dear Supervisor Spencer:
Democracy is the most expensive form of government. Democracy is largely enabled by the provisioring of
information to and by the people. Dictatorship is the least expensive form of government, at least monetarily.
Dictatorship is largely enabled by the withholding of information to and by the people. However, the structure of the
UBCJA, in theory, is that of a bottom-up repubtic, i.e. a representative democracy, but in practice it is more likened
to a top-down oligarchy, whereby approximately 2000 'delegates' control the affairs of the nearly 500,000 local union
members.
Crime prevention is more prudent than crime punishment/penalty. It takes far less time, materials and money to
prevent most crimes than it does to prosecute for them. It is patently obvious, at least to me and many other
carpenter union members, that if a person who wishes to steal, take bribes, embezzle, or extort knows that he/she
will be noticed, and noticed sooner rather than later, then that person is far less likely to comrrit a crime or be
pressured to participate in a crime.
I know that the provisioning of information may require the expenditure of additional time, materials and money.
However, a large majority of the provisioning can be done automatically, such as by computers, but where needed to
be done by humans can be done by vetted volunteers. Ultimately, the expenditure of a relatively small amount of
resources can reduce the number and severity of large crimes, that have recently been in the tens of millions to
hundreds of millions of dollars. Therefore, again, at least to me and many others, it is an obviously prudent expense.
As per the conversation Mr. Mooney and I had on Monday, November 15, ~ 0 1 0 , from approximately. 8:30 AM to
12:00 PM, during which I stated that much more information should be available to the NYC local urlon members, at
the very least on the NYCDCC website, Mr. Mooney requested that I send to him a 1st of such informational items.
With the creation of this letter, I think it to be more appropriate to direct such a request to you. Therefore, I
emphatically request that at least the following information be additionally available via the NYCDCC website and in
print upon demand:
1. 2006 UBC Constitution (and every available previous edition). Updated within 30 days of the issuance of
new/amended editions.
2. Current NYCDCC By-Laws (and every available previous edition). Updated within 30 days of the issuance of
3. All the Collective Bargaining Agreements (CBA's). Updated within 30 days of the issuance of new/amended
editions.
4. All the Project labor Agreements (PLA's). Updated within 30 days of the issuance of a new edition/as
amended.
5. Employee Directory of all NYCDCC, NYCDCC Benefit Funds, NYCDCC labor Technical College and NYC
Carpenters labor Management Trust Fund officers, trustees and efTl>loyees, with face-photo and stating
name, position/title, duties summary and direct contact information for all Officers, Directors, Managers,
Agents, and Organizers, inclusive of email address, street address, mobile telephone, and land-line
telephone. Updated/revised weekly.
6. Notice of all NYCDCC employee hirings, dismissals, suspensions, resignations, and retirements answering
who, from where, for what, why, and when. Updated/revised at least weekly.
7. Current NYCDCC Personnel Manual (and every available previous edition). Updated within 30 days of the
issuance of new/amended editions.
8. All Union Charges and Trials, stating parties, dates, outcome, and related entries and exhibits and
documents. Updated/revised at least weekly.
9. All Grievances, stating parties, dates, outcome, and related entries and exhibits and documents.
Updated/revised at least weekly.
10. All Arbitrations, stating parties, dates, outcome, and related entries and exhibits and documents.
11. All complete federal, NYS, and NYC lawsuit information, inclusive of dockets, entries, and exhibits, involving,
by and/or against the NYCDCC, NYCDCC Benefd: Funds, NYCDCC labor Technical College, NYC
Carpenters Labor Management Fund, affiiated NYC carpenters local unions, and NYC carpenters local union
members. Updated/revised at least weekly.
12. FMI Report.
13. Murray HII Survey Results.
14. All OWL dispatch/referral to contractors reports. Updated/revised at least daily.
15. All Business Agent/Manager Reports. Updated/revised at least weekly.
16. All Steward Reports. Updated/revised at least weekly.
17. Duties/Responsibifities of Business Agents/Managers. Updated within 30 days of the issuance of
18. Duties/Responsibilities of Organizers. Updated within 30 days of the issuance of new/amended editions.
19. Duties/Responsibiities of Delegates. Updated within 30 days of the issuance of new/amended editions.
20. Duties/Responsibilities of Stewards. Updated within 30 days of the issuance of new/amended editions.
21. Steward manuals. Updated within 30 days of the issuance of new/amended editions.
22. Union/Request/Company Ratio Chart. Updated within 30 days of the issuance of new/amended editions.
23. Reporting of PAC Expenditures. Updated/revised at least weekly.
24. Reporting of loans to NYCDCC officers and employees. Updated/revised at least weekly.
25. Reporting of all expenditures charge/credit card expenses by NYCDCC officers, representatives, and
employees. Updated/revised at least weekly.
26. Reporting of repayment of expenses by NYCDCC officers, representatives, and employees. Updated/revised
at least weekly.
27. Reporting of "Disbursements for Official Business". Updated/revised at least weekly.
28. lM-213/4, 10, 15, 16,20, and 30 reports. Provided/updated within one week of filing.
29. Companies organized: name, date organized, number of new members. Updated/reVised at least weekly.
30. Work siteS/Projects: address, Ge, carpenter contractors, zoning, square footage, project cost.
31. Notification of contractors that are in arrears with wages and or benefit payments and/or on payment plans.
Updated/revised at least weekly. . .
32. Notification, typically not less than 30 days, of upcoming major functions/events, such as, but not Iimted to,
golf outifljs, fund raisers, and softball tournaments, holiday parties and the mion and company
representatives expected to attend.
33. Notification, within one week, of completed major functions/events, such as, but not lirrited to, golf outings,
fund raisers, softball tournaments, and hoUday parties and the union and company representatives that
attended.
34. List of closely affiliated organi.zations. Updated/revised at least monthly.
35. Awards and honors bestowed upon members, with name of member, date bestowed. Updated/revised at
least monthly.
36. List of 50-year members. Updated/revise at least monthly.
37. List of retirees C'in honorj. Updated/revise at least monthly.
38. List of NYCDCC ("On-the-Toolsj pensioners. Updated/revise at least monthly.
39. List of NYCDCC Officers and Employees pensioners. Updated/revise at least monthly.
40. List of NYC local union member UBC pensioners. Updated/revise at least monthly.
41. List of deceased ("in memoriam"). Updated/revise at least monthly.
42. Instruction/classes, at least online, for: General labor history; UBC History; LMRDA; NLRA; OSHA 1910,
1926, 1904; UCB Constitution; NYCDCC By-Laws; Parliamentary Procedure/Robert's Rules of Order; and
more. Updated/revised at least quarterly.
43. Any and all other information that directly affects the majority of the members, as long as it does not violate
and privacy or confidentiality laws. Updated/revise at least monthly.
44. Notification of any and all starts and endifljs and payments for services, includiflj but not limited to,
spokespersons, attorney, advertisiflj, and surveys, paid by the NYCDCC, NYCDCC Benefit Funds, NYCDCC
Labor Technical College and NYC Carpenters Labor Management Trust Fm, as long as it does not violate
and privacy or confidentiality laws. Updated/revised at least weekly.
45. Have the website design be revised to be more logically organized. (I can provide several design
suggestions.)
There are many more points of information I think should be made available to the membership but I feel the
aforementioned items listed above are a sufficient start.
I thank you for your time and attention to these matters.
Sincerely,
Daniel J. Franco
LU157,UBCJA
Gtm!l-Infonmtionfor MenDers; NYmCC Website https:/lrmil.google.com'rmillulOl?ui=2&ik=ceafc95719&View=pt&q...
Daniel J. Franco <danieijfranco1@gmaiLcom> Thu, Mar 3,2011 at 6:04 AM
Cc: Terrence Mooney <tmooneY@trmcpa.com>, -Dennis M. Walsh" <drJWfw@wrizon.net>, Walter Mack
<wmack@doarlaw.com>, John Ballantyne <jballantyne@nyccarpenter.com>. "Torrance, Benjamin (USANYS)"
<Benjamin.Torrance@usdoj.gov>, "LaMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg. Lisa
(USANYS)" <Iisa.zornberg@usdoj.gov>, "Lanpher, Mark D. (AUSA, SONY, USDOJ)" <mark.lanpher@usdoj.gov>,
"Garcia, Cheryl (OLRFI-NY, OIG, USDOL)" <Garcia.Cheryl@oig.doLgov>, "Gibbs, Ryan - OIG"
<gibbs.ryan@oig.dol.gov>
On November 29, I realized a moment after sending my letter below that I did not include: 46. (Local Union)
Delegates (to the NYCDCC) Meeting Minute Reports. Made available within 7 days.
It is now 95 days since I sent that letter to you, as well as Mr. Ballantyne, Mr. Mooney, Mr. walsh, Mr. Mack,
Mr. Torrance, Ms. LaMorte, Ms. Zomberg, and Mr. Gibbs. It would have been responsible of you to have at
least responded to my letter, but I had no expectation that you would because not responding and, more
significantly, not providing useful detailed information to the members are two of your 'operating' procedures.
These methods of 'operation' are two of your 'signatures'. Nonetheless, if you had implemented just one of my
45 requests for information you could have at least twisted this situation into, as you have done in other previous
situations, "see Franco, I'm doing the right thing. I did at least one thing you requested and gave the members
useful detailed information about ... ". You could haw chosen one point to provide comprehensive, detailed, useful
information about while not providing anything about the other 44. By doing so you could have at least said that
you did something for the membership. But you did nothing. You gave nothing. You have yet to provided the
membership with any truly comprehensiw detailed useful information about our organizations, our employees,
our policies, our procedures, our representatives actions, and our financings. Please correct me how and where
I am wrong, but practically any comprehensive detailed useful information we get since you have been NYCDCC
Supervisor as of August 2009 is due to the Review Office's efforts, which did not begin until June 3,2010; 10
months after you started. I take extreme offense at your continuing willingness to ignore, deflect, redirect,
'misunderstand' and/or answer relevantly questions put to you and to not provide or conceal comprehensive,
detailed, useful information. And 'representing' and 'protecting' the USC is not the same as protecting the
members, at least not the way you, Ballantyne, and your boss McCarron are doing it.
Sincerely,
Daniel J. Franco
[Quoted text hidden}
3/13/2013 1:10 Mol
lofl
GruaU - Information for e r n b e r s ~ NYCOCC Vkbsite https:llmail.google.comlmail/ulOl?ui=2&ik=ceafc95719&View=pt&q ...
Daniel J. Franco <danieljfranco1@gmaiLcom>
Fri, Apr 1, 2011 at 2:29 AM
To: John Ballartyne <jballantyne@llfccarperter.com>
Cc: "Dennis M. Walsh" <dmwfw@verizonnet>
Dear Mr. Ballantyne:
I thank you for your offer during the March 30, RO Forum to begin to implement my request for information and
asked that I forward to you the ernails I had sert to you previously. I-bwever, unfortunately so far, I am unable to
apologize regarding my comments below urtil the NYCOCC begins to provide at least some of the information I
have requested.
Dan
Daniel J. Franco
LU157, UBCJA
---------- Forwarded message ---------
From: Daniel J. Franco <danieljfranc01@gmail.com>
Date: Thu, Mar 3, 2011 at 06:04
Subject: Re: Information for Members; NYCDCC Website
Cc: Terrence Mooney <tmooney@trmcpa.com>, "Demis M. Walsh" <dmwfw@verizon.net>, Walter Mack
<wmack@doarlaw.com>, John Ballantyne <jballantyne@nyccarpenter.com>, "Torrance, Benjamin (USANYS)"
<Benjamin.Torrance@usdoj.gov>, "LaMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg, Lisa
(USANYS)" <lisa.zornberg@usdoj.gov>, "Lanpher, Mark D. (AUSA, SONY, USDOJ)"
<mark.lanpher@usdoj.gov>, "Garcia, Cheryl (OLRFI-NY, OIG, USDOL)" <Garcia.Cheryl@oig.dol.gov>, "Gibbs,
Ryan - OIG" <gibbs.ryan@oig.dol.gov>
On November 29, I realized a moment after sending my letter below that I did not include: 46. (Local Union)
Delegates (to the NYCOCC) Meeting Minlie Reports. Made available within 7 days.
It is now 95 days since I sent that letter to you, as well as Mr. Ballantyne, Mr. Mooney, Mr. WalSh, Mr. Mack,
Mr. Torrance, Ms. LaMorte, Ms. Zomberg, and Mr. Gibbs. It would have been responsible of you to have at
These methods of 'operation' are two of your 'signatures'. Nonetheless, if you had implemerted just one of my
useful detailed information about ...... You could have chosen one point to provide comprehansiVQ, detailed, UI:l.GfU\
information aboli while not prOviding anytt1ng about the other 44. By doing so you could have at least said that
you did something for the membership. But you did nothing. You gave nothing. You have yet to provide the
membership with any truly comprehensive detailed useful information aboli our orgarizations, our employees,
3/13/2013 1:17 A{I;
lof2
Gmail fuformation for Members; NYCOCC Website hUps :llmail.google.comlmail/ulOl?ui=2&ik=ceafc95719&view=pt&q ...
I am wrong, bli practically any comprehensiw detailed useful information we get since you haw been NYCDCC
Sl.4)ervisor as of August 2009 is due to the Review Office's efforts, which did not begin until June 3,2010; 10
months after you started. I take extreme offense at your continuing willingness to ignore, deflect, redirect,
'misunderstand' and/or answer relevantly questions put to you and to not provide or conceal comprehensive,
detailed, useful information. And 'representing' and 'protecting' the LI3C is not the same as protecting the
Sincerely,
Daniel J. Franco
From: Daniel J. Franco <danieljfranc01@gmail.com>
Date: Mon, Nov 29, 2010 at 13:57
Subject: Information for Members; NYCDCC Website
Cc: Terrence Mooney <tmooney@trmcpa.com>, "Demis M. Walsh" <dmwfw@verizon.net>, Walter Mack
<wmack@doarlaw.com>, John Ballantyne <jballantyne@nyccarpenter.com>, 'Torrance, Benjamin (USANYS)"
<Benjamin. Torrance@usdoj.gov>, "LaMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg, Lisa
(USANYS)" <Iisa.zornberg@usdoj.gov>, "Gibbs, Ryan - OIG" <gibbs.ryan@oig.dol.gov>
[Quoted text hidden)
3/1312013 1:17 AM
20f2
Gma'il Infonnation for Members; NYCOCC Website https:IIIlBil.google.comlIlBil/ulO/?ui=2&ik=<:eafc95719&view=pt&q ...
Daniel J. Franco <danieljfranco1@gmail.com> Wed, Jan 16, 2013 at 5:12 PM
To: "Michael R. Bilello" <mbilello@nycdistrictCOlllCil.org>
Cc: "Dems M. walsH' <dmwfw@verizonnet>, Kwame Patterson <KPatterson@nycdistrictcouncil.org>
Gentlemen,
With this email I submit the follow request for information for the members to the current administration of the
NYCDCC.
Respectfully,
Daniel J. Franco
LU157,NYCDCC,UBCJA
UBC# 6027-2876
From: "Daniel J. Franco" <danieljfranc01@gmaiLcom>
Date: Nov 29, 2010 1 :57 PM
Subject: Information for Members; NYCDCC Website
Cc: "Terrence Mooney" <tmooneY@trmcpa.com>, "Dennis M. Walsh" <dmwfw@verizon.net>, "Walter Mack"
<wmack@doarlaw.com>, "John Ballantyne" <jballantyne@nyccarpenter.com>, 'Torrance, Benjamin (USANYS)"
<Benjamin. Torrance@Usdoj.gov>, "laMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg, Usa
(USANYS)" <lisa.zomberg@Usdoj.gov>, "Gibbs, Ryan - OIG" <gibbs.ryan@oig.dol.gov>
Democracy is the most expensive form of government. Democracy is largely enabled by the provisioning of
Dictatorship is largely enabled by the withholding of information to and by the people. However, the structure of
the UBCJA, in theory, is that of a bottom-up republic, i.e. a representative democracy, bl1 in practice it is more
likened to a top-down oligarchy, whereby approximately 2000 'delegates' corttrol the affairs of the nearly
500,000 local union members.
Crime prevention is more prudertt than crime punishment/penalty. It takes far less time, materials and money to
prevent most crimes than it does to prosecl1e for them. It is patently obvious, at least to me and many other
carpenter union members, that if a person who wishes to steal, take bribes, embezzle, or extort knows that
he/she will be noticed, and noticed sooner rather than later, then that person is far less likely to commit a crime
or be pressured to participate in a crime.
I know that the prOvisioning of information may require the expenditure of additional time, materials and money.
However, a large majority of the provisioning can be done al1omatically, such as by compilers, bl1 where
needed to be done by humans can be done by vetted volunteers. Utimately, the expenditure of a relatively small
amount of resources can reduce the number and severity of large crimes, that have recently been in the tens of
millions to hundreds of millions of dollars. Therefore, again, at least to me and many others, it is an obviously
prudent expense.
As per the conversation Mr. Mooney and 1 had on Monday, November 15,2010, from approximately. 8:30 AM to
12:00 PM, during which 1stated that much more information should be available to the NYC local unIon
3/13/2013 1:05 AN
Ion
Grnail - Infonnation for Members; NYCDCC Website https://mail.google.comimail/ulO/?ui==2&ik=ceafc95719&View=pt&q ...
members, at the very least on the NYCDCC website, Mr. Mooney requested that I send to him a list of such
informational items. With the creation of this letter, I think it to be more appropriate to direct such a request to
you. Therefore, I emphatically request that at least the following information be additionally available via the
NYCDCC website and in print upon demand:
1. 2006 UBC Constiiliion (and every available previous edition). Updated within 30 days of the issuance of
2. Current NYCDCC By-Laws (and every available previous edition). Updated within 30 days of the issuance
of new/amended editions.
3. All the Collective Bargaining Agreements (CBA's). Updated within 30 days of the issuance of
4. All the Project labor Agreements (PLA's). Updated within 30 days of the issuance of a new edition/as
amended.
5. Employee Directory of all NYCDCC, NYCDCC BenefIt Funds, NYCDCC Labor Technical College and
NYC Carpenters Labor Management Trust Fund officers, trustees and employees, with face-photo and
stating name, position/title, duties summary and direct contact information for all Officers, Directors,
Managers, Agents, and Organizers, inclusive of email address, street address, mobile telephone, and
land-line telephone. Updated/revised weekJy.
6. Notice of all NYCDCC employee hi rings , dismissals, suspensions, resignations, and retirements
answering who, from where, for what, why, and when. Updated/revised at least weekly.
7. Current NYCDCC Personnel Manual (and every available previous edition). Updated within 30 days of the
11. All complete federal, NYS, and NYC lawsuit information, inclusive of dockets, entries, and exhibits,
involving, by and/or against the NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College,
NYC Carpenters Labor Management Fund, affiliated NYC carpenters local unions, and NYC carpenters
local union members. Updated/revised at least weekly.
12. FMI Report.
13. Murray Hit Survey Results.
16. All Steward Reports. Updated/revised at least weekJy.
17. Duties/Responsibilities of Business Agents/Managers. Updated within 30 days of the issuance of
18. Duties/Responsibilities of Organizers. Updated within 30 days of the issuance of new/amended editions.
19. Duties/Responsibilities of Delegates. Updated within 30 days of the issuance of new/amended editions.
22. UnioniRequesUCompany Ratio Chart. Updated within 30 days of the issuance of new/amended editions.
26. Reporting of repayment of expenses by NYCDCC officers, representati'Jes, and employees.
27. Reporting of "Disbursements for Official Business"- Updated/revised at least weekly.
28. LM-213/4, 10, 15, 16,20, and 30 reports. Provided/updated within one week of filing.
29. Companies organized: name, date organized, number of new members. Updated/revised at least weekly.
30. Work siteS/Projects: address, GC, carpenter contractors, zoning, square footage, project cost.
31. Notification of contractors that are in arrears with wages and or benefit payments and/or on payment
plans. Updated/revised at least weekly.
3/13/2013 1:05 AM
20f3
~ l - Infonnation for Members; NYCDCC Website
https:!/maiLgoogle.com/mail/ulOl?ui=2&ik=ceafc95719&View=pt:&q ...
32. Notification, typically not less than 30 days, of upcoming major functions/events, such as, but not limited
to, golf outings, fund raisers, and softball tournaments, holiday parties and the urion and company
representatives expected to attend.
33. Notification, within one week, of completed major functions/events, such as, but not limited to, golf
outings, fund raisers, softball tournaments, and holiday parties and the union and company
representatives that attended.
34. List of closely affiliated organizations. Updated/revised at least monthly.
35. Awards and honors bestowed upon members, with name of member, date bestowed. Updated/revised at
least monthly.
37. List of retirees ("in honor"). Updated/revise at least monthly.
38. List of NYCDCC ("On-the-Tools'1 pensioners. Updated/revise at least monthly.
41. List of deceased ("in memoriam'1. Updated/revise at least monthly.
42. Instruction/classes, at least online, for: General labor history; USC History; LMRDA; NLRA; OSHA 1910,
1926, 1904; LlCB Constitution; NYCDCC By-Laws; Parliamentary Procedure/Robert's Rules of Order;
and more. Updated/revised at least quarterly.
43. Arty and all other information that directly affects the majority of the members, as long as it does not
violate and privacy or confidentiality laws. Updated/revise at least monthly.
44. Notification of any and all starts and endings and payments for services, including but not limited to,
spokespersons, attorney, advertising, and surveys, paid by the NYCDCC, NYCOCC Benefit Funds,
NYCOCC Labor Techrical College and NYC Carpenters Labor Management Trust Fun, as long as it does
not violate and privacy or confidentiality laws. Updated/revised at least weekly.
suggestions. )
There are many more points of information I think should be made available to the membership but I feel the
Sincerely,
Daniel J. Franco
LU157, UBCJA
3/13/2013 1:05 A'"
30f3
- Information for Members; NYCOCC website
https:llmail.google.com!mail/ulOl?ui=2&ik.=ceafc95719&view=pt&q ...
Daniel J. Franco <danieijfranco1@gmail.com> Wed, Jan 16, 2013 at 5:15 PM
To: "Michael R. Bilello" <rnbilello@nycdistrict.colJ'lCit.org>
Cc: "Dems M. Walsh" <dmwfw@veriz.on.net>, Kwame Patterson <KPatterson@nycdistrictcouncil.org>
Gentlemen,
With this email I submit the follow request for information for the members to the current administration of the
NYCDCC.
Respectfully,
Daniel J. Franco
LU157, NYC DCC , UBCJA
UBC# 6027-2876
From: "Daniel J. Franco" <danieljfranc01@gmail.com>
Date: Mar 3,20116:04 AM
Subject: Re: Information for Members; NYCDCC Website
Cc: "Terrence Mooney" <tmooney@trmcpa.com>, "Dennis M. Walsh" <dmwfw@verizon.net>, "Walter Mack"
<wmack@doarlaw.com>, "John Ballartyne" <jballantyne@nyccarperter.com>, "Torrance, Benjamin (USANYS)"
<Benjamin.Torrance@Usdoj.gov>, "LaMorte, Tara (USANYS)" <Tara.LaMorte2@usdoj.gov>, "Zornberg, Usa
(USANYS)" <Iisa.zornberg@usdoj.gov>, "LaF1>her, Mark D. (AUSA, SONY, USDOJ)"
<mark.lanpher@usdoj.gov>, "Garcia, Cheryl (OLRFI-NY, OIG, USDOL)" <Garcia.Cheryl@oig.dol.gov>, "Gibbs,
Ryan - OIG" <gibbs.ryan@oig.dol.gov>
On I\bvember 29, I realized a moment after sending my letter below that I did not include: 46. (Local Union)
Delegates (to the NYCDCC) Meeting Minl1e Reports. Made available within 7 days.
It is now 95 days since I sent that letter to you, as well as Mr. Ballantyne, Mr. Mooney, Mr. Walsh, Mr. Mack,
Mr. Torrance, Ms. LaMorte, Ms. Zornberg, and Mr. Gibbs. It would have been responsible of you to have at
These methods of 'operation' are two of your 'signatures'. I\bnetheless, if you had implemerted just one of my
useful detailed information about ...... You could have chosen one point to provide comprehensive, detailed, useful
information about while not providing anything about the other 44. By doing so you could have at least said that
you did something for the membership. But you did nothing. You gave nothing. You have yet to provided the
membership with any truly comprehensive detailed useful information abol1 our organizations, our employees,
I am wrong, bLi practically any comprehensive detailed useful information we get since you have been NYCDCC
Supervisor as of August 2009 is due to the Review Office's efforts, which did not begin urti\ June '3, 2010; 10
months after you started. I take extreme offense at your continuing willingness to ignore, deflect,
'misunderstand' and/or answer relevantly questions put to you and to not provide or conceal
detailed, useful information. And 'representing' and 'protecting' the UBC is not the same as protecting the
3/13/2013 1:04 AM
lof4
Omail - Infonnation for Members; NYCOCC ~ b s i t e
https:llmail.google.com!mail/ulOl?ui=2&ik=ceafc95719&view=pt&q ...
Sincerely,
Daniel J. Franco
On Mon, Nov 29,2010 at 13:57, Daniel J. Franco <danieljfranc01@gmail.com> wrote:
Democracy is the most expensi'Je form of government. Democracy is largely enabled by the proviSioning of
Dictatorship is largely enabled by the withholding of information to and by the people. However, the structure
of the USCJA in theory, is that of a bottom-up republic, i.e. a representati'Je democracy, but in practice it is
more likened to a top-down oligarchy, whereby approximately 2000 'delegates' control the affairs of the nearly
500,000 local union members.
Crime pre'Jention is more prudent than crime punishment/penalty. It takes far less time, materials and money
to prevent most crimes than it does to prosecute for them. It is patently obvious, at least to me and many
other carpenter union members, that if a person who wishes to steal, take bribes, embezzle, or extort knows
that he/she will be noticed, and noticed sooner rather than later, then that person is far less likely to commit a
crime or be pressured to participate in a crime.
I know that the provisioning of information may require the expenditure of additional time, materials and
money. However, a large majority of the provisioning can be done automatically, such as by computers, but
where needed to be done by humans can be done by vetted volunteers. Utimately, the expenditure of a
relatively small amount of resources can reduce the number and se'Jerity of large crimes, that have recently
been in the tens of millions to hundreds of millions of dollars. Therefore, again, at least to me and many
others, it is an obviously prudent expense.
As per the conversation Mr. Mooney and I had on Monday, November 15, 2010, from approximately 8:30 AM
to 12:00 PM, during which I stated that much more information should be available to the NYC local union
members, at the very least on the NYCDCC website, Mr. Mooney requested that I send to him a list of such
informational items. With the creation of this letter, I think it to be more appropriate to direct such a request to
you. Therefore, I emphatically request that at least the following information be additionally available via the
NYCDCC website and in print upon demand:
1. 2006 USC Constitution (and every available previous edition). Updated within 30 days of the issuance
of new/amended editions.
2. Current NYCDCC By-Laws (and e'Jery available previous edition). Updated within 30 days of the
3. All the Collective Bargaining Agreements (CSA's). Updated within 30 days of the issuance of
4. All the Project Labor Agreements (PLA's). Updated within 30 days of the issuance of a new edition/as
amended.
5. Employee Directory of all NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College and
NYC Carpenters Labor Management Trust Fund officers, trustees and employees, with face-photo and
stating name, position/title, duties summary and direct contact information for all Officers, Directors,
Managers, Agents, and Organizers, inclusive of email address, street address, mobile telephone, and
land-line telephone. Updated/revised weekly.
6. Notice of all NYCDCC employee hirings, dismissals, suspensions, resignations, and retirements
answering who, from where, for what, why, and when. Updated/revised at least weekly.
7. Current NYCDCC Personnel Manual (and every available previous edition). Updated within 30 days of
the issuance of new/amended editions.
3/13/2013 1:04 AM
20f4
Gmail - lnfonnation for Members: NYCOCC Website
https:l1maiLgoogle.comlmail/ulOl?ui=2&ik=ccafc95719&vicw=pt&q ...
11. All complete federal, NYS, and NYC lawsuit information, of dockets, entries, and exhibits,
involving, by and/or against the NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College,
NYC Carpenters Labor Management Fund, affiliated NYC carpenters local unions, and NYC carpenters
local union members. Updated/revised at least weekly.
12. FMI Report.
13. Murray Hill Results.
16. All Steward Reports. Updated/revised at least weekly.
17. Duties/Responsibilities of Business Agents/Managers. Updated within 30 days of the issuance of
18. Duties/Responsibilities of Organizers. Updated within 30 days of the issuance of new/amended
editions.
19. Duties/Responsibilities of Delegates. Updated within 30 days of the issuance of new/amended editions.
22. Union/Request/Company Ratio Chart. Updated within 30 days of the issuance of new/amended
editions.
26. Reporting of repayment of expenses by NYCDCC officers, representatives, and employees.
27. Reporting of "Disbursements for Official Business". Updated/revised at least weekly.
28. LM-213/4, 10, 15, 16, 20, and 30 reports. Provided/updated within one week of filing.
29. Companies organized: name, date organized, number of new members. Updated/revised at least
weekly.
30. Work sites/Projects: address, GC, carpenter contractors, zoning, square footage, project cost.
31. Notification of contractors that are in arrears with wages and or benefit payments and/or on payment
plans. Updated/revised at least weekly.
32. Notification, typically not less than 30 days, of upcoming major functions/events, such as, but not
limited to, golf outings, fund raisers, and softball tOlJ"naments, holiday parties and the union and
company expected to attend.
33. Notification, within one week, of completed major functions/everts, such as, but not limited to, golf
outings, fund raisers, softball tournaments, and holiday parties and the union and company
representatives that attended.
34. List of closely affiliated organizations. Updated/revised at least monthly.
35. Awards and honors bestowed upon members, with name of member, date bestowed. Updated/revised
at least monthly.
37. List of retirees ("in honor'). Updated/revise at least morthly.
38. List of NYCDCC ("On-the-Tools') pensioners. Updated/revise at least monthly.
41. List of deceased ("in memoriam'). Updated/revise at least monthly.
42. Instruction/classes, at least online, for: General labor history; UBC History; LMRDA; NLRA; OSHA
1910, 1926, 1904; UCB Constitution; NYCDCC By-Laws; Parliamentary Procedure/Robert's Rules of
Order; and more. Updated/revised at least quarterly. .
43. Any and all other information that directly affects the majority of the members, as long as It does not
3/13/2013 1:04 AM
30f4
violate and privacy or confidentiality laws. Updated/revise at least monthly.
44. I\Iotification of any and all starts and endings and paymerts for services, including but. not limited to,
spokespersons, attorney, ad'llertising, and surveys, paid by the NYCDCC, NYCDCC Benefit Funds,
NYCDCC Labor Technical College and NYC Carpenters Labor Management Trust Fun, as long as it
does not violate and privacy or confidentiality laws. Updated/revised at least weekly.
suggestions. )
There are many more points of information I think should be made available to the membership but. I feel the
Sincerely,
Daniel J. Franco
LU157, LBCJA
3/13/2013 1:04 AM
4of4
Exhibit 10
.. '"j ........::
CONSTITUTION
ofthe
UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
AND RULES FOR SUBORDINATE BODIES
UNDER ITS JURISDICTION
ESTABLISHED AUGUST 12, 1881
Constitution as Amended at the
40th General Convention
Effective November 1, 2010
ORDER OF BlTSINESS
1. Call the Meeting to Order.
2. Warden, take Charge of the Door.
3. Salute the Flag.
4. Roll Call of Officers by the Recording Secretary.
5. Reading of Minutes.
6. Report of new Members Initiated or Transferred In
Since Last Meeting.
7. Communications and Bills.
8. Reports of Accidents, Sickness or Death.
9. Appropriations of Money (Drawing Orders for Bills).
10. Reading by President of Receipts from General
Secretary-Treasurer for Moneys Sent to the General
Office (and from District Councils where such exists).
11. Election and Installation of Officers.
12. Reports of Officers, Delegates and Committees.
13. Good ofthe Order.
14. Any Member Out of Work?
15. Can Anyone Report Where Members may Procure
Employment?
16. Unfinished Business.
17. New Business.
18. Detailed Receipts and Expenses (to be read by the
Secretaries).
19. Adjournment.
TABLE of CONTENTS
Section
Page
Name of Organization .
1
Objects ......... .
1
Our Principles . . . . .
2
General Office Headquarters
3
Affil iations . . . .
3
Jurisdiction. . ..
4
Trade Autonomy . 6
Laws....... . 7
General Officers and Elections 7
General President. . . . . . . .10
General Vice President. . . . .13
General Secretary-Treasurer. .13
Board of Trustees. . . . . . .15
General Executive Board.. .17
Supplies for Local Unions. .22
Revenue ...... . .22
General Convention . . . . .22
Order of Procedure. . . . . .25
Duties of Officers at Convention. .25
General President. . . . . . . .26
General Secretary-Treasurer. .26
General Executive Board. . .26
Board of Trustees. . . . . . . .26
Period Covered By Reports . .26
Jurisdiction and Powers of Local Unions. .26
Jurisdiction and Powers of District and Regional Counci1s. .28
Jurisdiction of State and Provincial Councils. .31
Jurisdiction of Auxiliary Unions.......... .
.32
Admission of Local Unions ............ .
.32
Suspended and Lapsed Local Unions and Councils .33
Election and Appointment in Subordinate Bodies . . .33
Section
Vacancies in Local and Council Offices.
Duties of President of Local Union ...
Duties of Vice President of Local Union
Duties of Recording Secretary of Local Union.
Duties of Financial Secretary of Local Union.
Duties of Treasurer of Local Union.
Duties of Conductor of Local Union.
Duties of Warden of Local Union ..
Duties of Trustees of Local Union. .
Duties of Committees of Local Union.
Qualifications for Membership
Apprenticeship . . . . .
Admission of Members.
Finances and Dues .. .
Transfers ....... .
Resignation of Members .
Members Entitled to Funeral Donations.
Application For Donations.
Reduced Dues . . . . .
Offenses and Penalties . .
Charges and Trials . . . .
Appeals and Grievances .
Funds of Local Unions. .
General Strikes and Lockouts .
Label .....
Amendments .
Property...
Pension Plan .
Codification. .
Standing Decisions of the General Executive Board .
Parliamentary Rules . . . . . . . . . . . . . . . . . .
Obligation. . . . . . . .
Page
.39
.39
.40
.40
.41
.42
.43
.43
.43
.45
.45
.48
.49
.52
.59
.61
.63
.64
.65
.66
.68
.73
.77
.79
.80
.83
.85
.86
.86
.87
. . . ..88
.92
Installation Ceremony .........................94
NAME OF ORGANIZATION
A Section 1. This organization shall be known as the United
Brotherhood of Carpenters and Joiners ofAmerica, and shall consist
of an unlimited number of Local Unions, Councils, and members
subject to its laws and usages and shall not be dissolved while there
are three (3) dissenting Local Unions.
B The following abbreviations, when used in the United Brother
hood, shall have these meanings, viz:
U. B.,U. B. C., or United Brotherhood-
United Brotherhood ofCarpenters and Joiners ofAmerica
G. E. B.--General Executive Board.
B. ofT.-Board ofTrustees.
S. C.-State Council.
P. C.-Provincial Council.
D. C.-District Council.
R. C.-Regional Council.
G. P.--General President.
G. V. P.--General Vice President.
G. S. T.--General Secretary-Treasurer.
D. V. P.-District Vice President.
L. U.-Local Union.
R. S.-Recording Secretary.
F. S.-Financial Secretary.
G. O.--General Office.
B. R.-Business Representative.
OBJECTS
Section 2. The objects of the United Brotherhood are: to orga
nize workers, to encourage an apprenticeship system and a higher
standard of skill, to develop, improve and enforce the program and
standards of Occupational Safety and Health, to cultivate friend
ship, to develop good public relations in the community, to assist
each other to secure employment, to reduce the hours of daily labor,
1
to secure adequate pay for our work, to establish a weekly pay day,
to promote the establishment of fringe benefit plans for our mem
bers through the collective bargaining process, to coordinate bar
gaining toward the goal of taking wages out of competition, and by
legal and proper means to elevate the moral, intellectual and social
conditions ofall our members and to improve the trade in every way
possible.
OUR PRINCIPLES
UNION MADE GOODS
Section 3. Members ofthis organization should make it a rule to
purchase goods and services which bear the trade-mark of organized
labor or are made or provided by union members, and to support
businesses and individuals that respect and honor the goals and prin
ciples of the labor movement.
LABOR LEGISLATION
It is ofthe greatest importance that members should vote intelli
gently, hence the members of this Brotherhood shall strive to secure
legislation in favor of those who produce the wealth of the country,
and all discussions and resolutions in that direction shall be in order
at any regular meeting.
LABOR DAY
The working nlen and women of the United States and Canada
are honored each year on Labor Day. Labor Day is of special signifi
cance to the members ofthe United Brotherhood because its founder
(Peter J. McGuire), the father of Labor Day, was a General Officer
of the United Brotherhood. We, therefore, urge each member and
each subordinate body of the United Brotherhood to observe Labor
Day in a manner appropriate to its purpose and urge each member
to participate as fully as may be possible in Labor Day programs in
which his or her Local Union takes part.
2
FAITHFUL WORK
We hold it as a sacred principle that Trade Unionists, above
all others, should set a good example as good and faithful workers,
performing their duties to their employers with honor to themselves
and their organization. We do not recognize the practice of grading
skilled workers.
SHORTER HOURS OF LABOR
We hold a reduction ofhours for a day's work increases the intel
ligence and happiness of the laborer, and also increases the demand
for labor and the price of a day's work. We advocate the adoption of
the Five-Day, Thirty-Hour Work Week and urge all Local Unions to
put this into effect as soon as possible.
OTHER INTERESTS
We recognize that the interests of all labor are identical regard
less of occupation, sex, nationality, religion, or color, for a wrong
done to one is a wrong done to alL We oppose all unlawful dis crimi
nation and harassment against workers, whether based on race, gen
der, nationality or any other basis. We object to prison contract labor
because it puts the criminal in competition with honorable labor for
the purpose of cutting down wages, and also because it helps over
stock the labor market.
GENERAL OFFICE HEADQUARTERS
Section 4. The General Office Headquarters of the United
Brotherhood shall be located in Washington, D.C.
AFFILIATIONS
Section 5. If the International Body is affiliated with the AFL
CIO and the Canadian Labour Congress, Local Unions, with the
consent of their affiliated Council, and Councils may affiliate with
the appropriate Central, State and Provincial Bodies ofthe AFL-CIO
and the Canadian Labour Congress. Tax to the AFL-CIO and Cana
3
dian Labour Congress is to be paid directly from the General Office.
If the International Body is affiliated with the AFL-CIO and the
Canadian Labour Congress, Local Unions, with the consent of their
affiliated Council, and Councils may affiliate with all Provincial,
State and Local Building and Construction Trades Councils where
such bodies exist. The General Executive Board may affiliate the
United Brotherhood with or disaffiliate the United Brotherhood from
any coalition, federation or other group of labor organizations if the
Board determines that such affiliation or disaffiliation is in the best
interest of the United Brotherhood and its members.
JURISDICTION
A Section 6. The jurisdiction of the United Brotherhood of Car
penters and Joiners ofAmerica shall include all branches ofthe Car
penter and Joiner trade, the industrial sector, and any kind of work
being performed by any members of the United Brotherhood. In it
shall be vested the power through the International Body to estab
lish and charter subordinate Local and Auxiliary Unions, District,
Regional, Industrial, State and Provincial Councils in all branches
of the trade, and its mandates must be observed and obeyed at all
times.
In view of technological developments and industrial diversifi
cation, no type of employment category shall be excluded from the
jurisdiction of the United Brotherhood, whether or not spelled out in
Section 7.
The United Brotherhood is empowered, upon agreement ofthe
Local Unions and Councils directly affected, or in the discretion
of the General President subject to appeal to the General Execu
tive Board, where the General President finds that it is in the best
interests of the United Brotherhood and its members, locally or at
large, to establish or dissolve any Local Union or CounciL, to merge
or consolidate Local Unions or Councils, to establish or alter the
trade or geographical jurisdiction of any Local Union or Council, to
fonn Councils and to permit, prohibit or require the affiliation with
4
or disaffiliation from any Council by any Local Union, including
the right to establish statewide, province wide and regional Local
Unions or Councils having jurisdiction over specified branches or
subdivisions of the trade. When action is taken pursuant to this Sec
tion to establish or dissolve any Local Union or Council, to merge
or consolidate Local Unions or Councils or to establish or alter the
trade or geographical jurisdiction of any Local Union or Council,
the General President shall have authority to transfer members from
any Local Union to any other Local Union. The vested rights of the
members shall be presetved and where action as herein described
is taken, the General President and General Executive Board shall
presetve the membership rights of the members of affected Local
Unions, including their right to attend and participate in meetings, to
vote, to nominate candidates and to be nominated and run for office.
In connection with the foregoing, the General President may, upon
finding it appropriate, appoint a committee to hold hearings upon
due notice to directly affected Local Unions or Councils, and make
findings and recommendations.
B The right is resetved to the United Brotherhood through the
International Body to regulate and determine all matters pertaining
to the various branches and subdivisions of the trade. The General
President may designate subdivisions of the trade and may provide
such support as he deems appropriate to further the interests of the
United Brotherhood and its membership in such trade subdivisions.
C To subordinate Local or Auxiliary Unions, District, Regional,
Industrial, State and Provincial Councils the right is conceded to
make necessary laws for Locals and District, Regional, Industrial,
State and Provincial Councils which do not conflict with the laws of
the International Body.
D The United Brotherhood of Carpenters and Joiners ofAmerica
shall have the right to establish supetvision over and to conduct the
affairs of any subordinate body (including the removal of any or all
officers of such subordinate body) to correct financial irregularities
or to assure the performance of collective bargaining agreements and
5
________i'
the responsibility of the subordinate body as a bargaining agent or
to protect the interests and rights of the members or whenever the
affairs of the subordinate body are conducted in such a manner as to
be detrimental to the welfare of the members and to the best inter
ests of the United Brotherhood, subject, however, to the provisions
of Paragraph H of Section 10. The authority granted to the United
Brotherhood herein includes the authority to establish supervision to
prevent secession or disaffiliation by any subordinate body or bod
Ies.
E The United Brotherhood shall enact and enforce laws for its
government and that of subordinate Locals and Auxiliary Unions
and District, Regional, Industrial, State and Provincial Councils and
members thereof.
TRADE AUTONOMY
A Section 7. The broad, evolving trade autonomy of the United
Brotherhood of Carpenters and Joiners of America includes at its
core, but is not limited to, the milling, fashioning, joining, assem
bling, erection, fastening or dismantling of all material of wood,
plastic, metal, fiber, cork and conlposition, and all other substitute
materials, as well as the handling, cleaning, erecting, installing,
repair, renovation, maintenance, and dismantling of all machinery,
equipment and all materials used by members ofthe United Brother
hood.
B Our claim of jurisdiction, therefore, covers all kinds of work
being performed by members of the United Brotherhood and
includes but is not limited to the following classifications: Car
penters and Joiners; Millwrights; Pile Drivers, Bridge, Dock and
Wharf Carpenters, Divers, Underpinners, Timber Workers and Core
Drillers; Shipwrights, Boat Builders, Ship Carpenters, Joiners and
Caulkers; Cabinet Makers, Bench Hands, Stair Builders" Mill and
Factory Workers; Wood and Resilient Floor Layers, and Finishers;
Carpet Layers; Shinglers, Siders; Insulators; Acoustic and Dry Wall
Applicators; Shorers and House Movers; Loggers, Lumber and Saw
6
mill Workers; Furniture Workers; Reed and Rattan Workers; Shingle
Weavers; Casket and Coffin Makers; Box Makers, Railroad Carpen
ters and Car Builders; Show, Display and Exhibition Workers; and
Lathers, regardless of material used; also Public Sector Workers,
Health Care Workers, Tile, Marble and Terrazzo Industry Workers
and Aerospace Workers; and all those engaged in the operation of
woodworking or other machinery required in the fashioning, milling
or manufacturing of products used in the trade, or engaged as help
ers to any of the above divisions or subdivisions, and the handling,
erecting and installing material on any of the above divisions or
subdivisions; burning, welding, rigging and the use of any instru
ment or tool for layout work, incidental to the trade; the erection and
placement of all materials used in lathing procedures; and all work
with and on robotics, included but not limited to, rigging, handling,
installing, maintaining, programming, and use of all stationary and!
or portable robots, this includes the use of all robots used in any
industry, including the nuclear field. When the terms "carpenter(s)"
or --carpenter(s) and joiner(s)" are used, it shall mean all the divi
sions and subdivisions ofthe trade.
LAWS
A Section 8. The Constitution of this organization shall include
general laws of the United Brotherhood and rules for subordinate
bodies under its jurisdiction. The terms -'Constitution" and '-Consti
tution and Laws" shall have the same meaning. All references in the
Constitution to the masculine gender shall automatically include the
feminine gender.
B The Constitution and Laws can be amended or altered in con
formity with the provisions of Section 57 except as provided for in
Section 14A.
GENERAL OFFICERS AND ELECTIONS
A Section 9. General Officers of the United Brotherhood shall
consist of a General President, General Vice President, a General
7
________;"i
Secretary-Treasurer, and one District Vice President from each dis
trict ofthe United Brotherhood, who shall be exempt from all duties
in their respective Local Unions.
B The General Officers shall be elected at the General Conven
tion by a plurality vote ofthe delegates present and voting by secret
ballot. The nominations shall be made on the third day of the first
week of the Convention, and the election shall be held on the fourth
day ofthe first week ofthe Convention.
C The election shall be conducted by an Election Committee, the
members of which shall be appointed by the General President. No
nominee for General Office shall be eligible to serve on said Com
mittee. Upon completion ofthe tabulation ofthe votes, the Election
Committee shall report to the General President the names of the
General Officers elected and same shall be reported to the Conven
tion, and those elected shall hold office for a term of five (5) years
or until their successors are duly chosen and qualified, whichever
is later. Each newly elected officer shall be administered the oath
of ofnce at the General Convention and shall officially assume his
office 45 days after the election or, in the event of an earlier vacancy,
at the time such vacancy occurs.
D A member to be eligible for nomination and election as a
General Officer must be present at the time of nomination, or in
the anteroom on authorized business, or out on official business,
or prevented by accident or sickness or other substantial reason
from being present in which case the candidate shall submit a let
ter of acceptance if nominated, nor shall the member be eligible
unless working for a livelihood in a classification within the trade
autonomy of the United Brotherhood as defined in Section 7 or
in employment which qualifies him or her for membership, or is
depending on the trade for a livelihood, or is employed by the orga
nization as a fun-time officer or representative; provided, further,
that members who are life members, apprentices, trainees or proba
tionary employees shall not be eligible. A member must have been
8
twelve (12) consecutive months a member in good standing in his or
her Local Union and a member of the United Brotherhood of Car
penters and Joiners of America for five (5) years immediately prior
to nomination. The meluber shall be required to establish eligibility
to the Election Committee to qualify under these provisions of the
Constitution and Laws at the time of nomination. To be eligible for
nomination or election as a General Officer, a member must meet
the requirements of Section 31D.
E No General Officer or Representative of the United Brotherhood
shall be subject to charges or trial in any Local Union or Council.
F Where charges are filed against a General Officer or represen
tative of the General Office of the United Brotherhood, the Execu
tive Committee of the District Councilor the Local Union may
dismiss the charges, or the charges shall be referred by the District
Council or Local Union to the General Executive Board. The Gen
eral Executive Board may conduct an investigation and hearing and
dismiss the charges or, in the case of a General Officer, if it finds
upon the entire record that the accused has violated the Constitution
and Laws, may issue a reprimand or may, by a two-thirds vote, rec
ommend suspension from office. No General Officer shall be fined
or expelled and no General Officer shall be suspended from office
except by a majority vote ofthe members voting in a general vote of
the United Brotherhood taken in accordance with the Constitution
and Laws; provided, however, that the General Executive Board
may suspend the accused pending determination of the charges by
a two-thirds vote ofthe General Executive Board. Prior to any gen
eral vote taken under this Section, all Local Unions shall receive
a copy of the charges, a summary of the evidence and position of
the parties, and a report of the findings and recommendations of
the General Executive Board, if any, and the same shall be fully
published to the membership. If the General Executive Board finds
a Representative guilty of charges, the Board may fine, suspend
or expel the Representative and/or terminate his or her employ
9
ment. The authority so granted to the Board does not supersede the
authority of the General President to terminate a Representative.
GENERAL PRESIDENT
A Section 10. The General President shall issue and sign all char
ters, may grant dispensations in extraordinary cases and may fill
any vacancies among the General Officers by consent of a majority
of the General Executive Board. The General President shall have
the authority to appoint any member as a Representative to assist in
carrying on the affairs of the United Brotherhood. Such representa
tive shall have the same qualifications as those required by General
Officers. When directed by the General President, the Representa
tive shall assist and advise the officers and Business Representatives
of Local Unions and Councils. They shall also perform such other
duties as directed by the General President. The compensation for
Representatives shall be fixed by the General President.
B The General President may personally, or by deputy, take pos
session for examinations of all books, papers and other records,
including all financial records, ofany Local Union, Council, or other
subordinate body, summarily when necessary, and the same shall
remain in possession of the General President within the jurisdic
tion of the Local Union, Council, or other subordinate body until a
complete report has been made and filed. During said examination
a representative of the Local Union, Council, or other subordinate
body may be present.
C The General President may issue charters to Auxiliary Unions.
D The General President may authorize the formation of Retiree
Clubs composed of retired members of the United Brotherhood no
longer working at the trade.
E The General President shall appoint a permanent Financial
Oversight Committee comprised ofLocal Union and Council repre
sentatives, and all other committees unless otherwise provided. All
members of the Financial Oversight Committee shall be appointed
10
for a three-year term and shall not serve consecutive terms. The
General President shall designate a member of the Financial Over
sight Committee as chair for a one-year period, and no member
shall serve consecutive periods as chair. The compensation of all
members of committees shall be regulated by the General Execu
tive Board.
F The General President shall have the authority to decide all
points of law, grievances and election appeals, under Section 53G,
except funeral donations. All other appeals shall be decided by the
Appeals Committee established in Section 53, except as otherwise
provided. The General President shall have the power to suspend
any Local Union or Council for violation of the Constitution and
Laws of the United Brotherhood, or for willfully or directly violat
ing the Constitution and Laws or principles of this United Broth
erhood, or acting in such a manner as to undermine its welfare,
after due notice and hearing and subject to an appeal to the General
Executive Board by the subordinate body involved.
G The General President shall supervise the entire interest ofthe
United Brotherhood, and perform such other duties as the Constitu
tion and Laws of the United Brotherhood may require, and may by
virtue ofthe office be a delegate to the Conventions ofthe AFL-CIO
and the Building and Construction Trades Department, and such
other Departments with which the United Brotherhood is affiliated,
and shall submit a quarterly report to the General Executive Board
and shall also submit monthly to the General Secretary-Treasurer
an itemized account of all moneys expended by the General Presi
dent on behalf of the United Brotherhood.
H Whenever it appears to the satisfaction of the General Presi
dent that any Local Union or menlber thereof, or any Council is act
ing contrary to the welfare ofthe United Brotherhood of Carpenters
and Joiners of America, or that supervision should be established
over the conduct of the affairs of any subordinate body as set forth
in Section 6D, the General President may appoint a committee to
hold a hearing, after due notice to such subordinate body or mem
11
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ber. Upon completion of the hearing, the committee shall report its
findings and recommendations to the General Executive Board and
to the member or subordinate body involved. The General Execu
tive Board is empowered to take such action as is necessary and
proper for the welfare of the United Brotherhood of Carpenters
and Joiners of America, subject, however, to the right of appeal to
the next General Convention, to the extent permitted by Section
53G. If the General President determines that an emergency situ
ation exists, the General President may appoint a representative to
assume supervision over any Local Union or Council pending the
holding of a hearing and the completion of the proceedings as pro
vided for in this Section.
I Where an Auxiliary, Local Union, or Council has asked the
assistance of the General Office, the General President may, with
the consent of the General Executive Board, make settlement with
employers, and the said Auxiliary, Local Union, or Council must
accept the same.
J Whenever, in the judgment of the General President, subor
dinate bodies or the members thereof are working against the best
interests of the United Brotherhood, or are not in harmony with
the Constitution and Laws of the United Brotherhood, the General
President shall have the power to order said body to disband under
penalty of suspension.
K The General President shall have the power to grant dispensa
tion on all matters which will be beneficial to the United Brother
hood.
L No two subordinate bodies of the Brotherhood shall negotiate
for the same contract with the same employer but iftwo subordinate
bodies do open negotiations, the General President shall designate
the proper bargaining unit ofthe Brotherhood which shall complete
negotiations for said contract.
M The General President shall have authority to appoint interim
officers and delegates ofnewly established, consolidated or merged
Local Unions or Councils.
12
N The General President shall have the authority to develop poli
cies regarding the UBC membership processing system and other
computer and technological matters pertaining to the United Broth
erhood which shall be binding on all Local Unions and Councils
affi Hated with the United Brotherhood.
o The General President shall have the authority to repudiate any
jurisdictional agreement entered into by any subordinate body.
GENERAL VICE PRESIDENT
A Section 11. The General Vice President, under the supervision
ofthe General President, shall render such assistance to the General
President as may be required and by virtue of the office may be a
delegate to the Convention of the Union Label and Service Trades
Department, AFL-CIO. In case of a vacancy in the office of the
General President, the General Vice President shall become the
General President and perform the duties of that office.
B The General Vice President shall maintain headquarters at the
General Office. The duties of the office shall be to examine and
approve or disapprove of all Local Union and Council Laws. The
General Vice President shall have charge of and issue the Label
and keep a record of same in accordance with the Constitution and
Laws of the United Brotherhood, also keep a record of all union
and nonunion shops, mills and factories, their wages, hours and
conditions for the General Office. This information shall be made
available to Local Unions, Councils, Representatives, and Business
Representatives. The General Vice President shall perform such
other duties as may be assigned by the General President. In the
event of a vacancy in the office of General Vice President, the Gen
eral President may appoint a nlember to fill the vacancy by consent
of a majority ofthe General Executive Board.

A Section 12. The General Secretary-Treasurer shall have the
following responsibilities: preserve all important records, cor
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respondence and documents relating to the business of the United
Brotherhood; conduct all official correspondence pertaining to the
office; sign all charters, if in proper order; have charge ofthe seal of
the United Brotherhood, and affix it to all important official docu
ments; keep a record of membership status of the United Brother
hood's m e m b e r s ~ receive all moneys due from Local Unions and
other sources, giving credit for same; deposit all funds in the name
of the United Brotherhood of Carpenters and Joiners of America in
such banks or other financial institutions as may be designated by
the General Executive Board; invest the funds of the United Broth
erhood in accordance with the Investment Policies approved by the
General Executive Board; make disbursements for general operat
ing expenses, claims and bills legally due and those authorized by
the General Executive Board, in accordance with the Disbursenlent
Policies approved by the General Executive Board and using checks
or similar instruments that are signed by the General Secretary
Treasurer and counter-signed by the General President or General
Vice-President, or by those fiduciaries designated by the General
President and approved by the General Executive Board or through
the use of electronic transfers; examine and pay donation claims in
accordance with the Laws of the United Brotherhood, order Local
Unions to furnish such evidence and infonnation as may be required
to render decisions in donation claims, and may retain such evidence
and papers on file as the case may warrant, furnishing copies upon
the request of the Local Union; keep a correct financial account
between Local Unions and the United Brotherhood, notifying the
Local Unions when two months in arrears, before the fifteenth day
of the third month; submit an itemized statement of revenues and
expenses ofthe United Brotherhood to the General Executive Board
at the quarterly meetings, submit to them all books and vouchers per
taining to the office of the General Secretary-Treasurer for inspec
tion and deliver to the General Executive Board all such books and
vouchers when called on to do so; and perfonn such other duties as
the General Executive Board may require. The General Secretary
Treasurer shall employ clerical assistance in the office ofthe General
14
Secretary-Treasurer at reasonable salaries payable fronl the General
Fund. The General Secretary-Treasurer shall assist the General Pres
ident in the discharge of the duties of that office and shall perform
such other duties as may be assigned by the General President. In
the absence ofthe General President and the General Vice President
from the General Office, the General Secretary-Treasurer shall per
form the duties of the General President under the direction of the
General President and when not engaged at the General Office shall
devote full time to the interest of the United Brotherhood under the
direction of the General President. In the event of a vacancy in the
office ofthe General Secretary-Treasurer, the General President may
appoint a member to fill the vacancy by consent of a majority ofthe
General Executive Board.
B The General Secretary-Treasurer shall publish "The Carpenter"
magazine pursuant to the schedule decided by the General Executive
Board, and mail a copy ofsame to the home address ofeach member;
publish and forward to the Secretary ofeach Local Union a quarterly
Financial Statement of revenues and expenses; compile, and make
available to each Local and Council, directory information including
the addresses and meetings of Local Unions and Councils.
C The General Secretary-Treasurer shall print the Constitution and
Laws ofthe United Brotherhood in English and any other appropriate
language as approved by the General Executive Board, and the inter
pretation of the Constitution and Laws in the English language shall
be the only one by which the United Brotherhood shall be govenled.
D The General Secretary-Treasurer shall make an annual repol1,
and shall perform such other duties as are required by the Constitu
tion and Laws of the United Brotherhood. The General Secretary
Treasurer may by virtue ofthe office be a delegate to the Conventions
of the AFL-CIO and Building and Construction Trades Department.
BOARD OF TRUSTEES
A Section 13. The General President, General Vice President,
General Secretary-Treasurer, and the six (6) District Vice Presidents
15
shall by virtue of their office constitute a Board of Trustees for the
managenlent and control of the I-Ieadquarters and real estate of the
United Brotherhood of Carpenters and Joiners of America in the
City ofWashington, D.C. and elsewhere.
B By virtue of their office, the General President shall be Chair
person and the General Secretary-Treasurer shall be Secretary ofthe
Board of Trustees and it shall be their duty to keep a record of the
meetings ofthe Board ofTrustees.
C The said Board of Trustees shall make a report to the General
Convention of all business transacted in connection with the lIead
quarters and the real estate of the United Brotherhood of Carpenters
and Joiners ofAmerica.
D The said Board of Trustees shall authorize the General Presi
dent and General Secretary-Treasurer to pay all legitimate expenses
in connection with said Headquarters and real estate, subject to
examination and approval ofthe Board when in session.
E The title of the Headquarters and real estate now held by this
United Brotherhood, or which may be hereafter acquired., shall be
vested by proper conveyance in said Board ofTrustees and their suc
cessors in office., to be held by said Board ofTrustees in trust for the
sole use, benefit and behalf ofthis United Brotherhood ofCarpenters
and Joiners ofAmerica or in the name ofthe United Brotherhood of
Carpenters and Joiners ofAmerica.
F Said Board ofTrustees shall have the management and control of
all property, to sell, rent, lease and improve the same in such manner
as the majority of said Trustees shall direct. However., the Headquar
ters or real estate on which it is located shall not be sold, conveyed
or encumbered except in accordance with the following steps: (1)
a Headquarters Oversight Committee shall be appointed, including
the members of the permanent Financial Oversight Committee and
seven additional members from among officers or representatives
of affiliated subordinate bodies of the United Brotherhood; (2) the
fleadquarters Oversight Committee, exercising fiduciary respon
16
sibility, shall independently review the proposed sale, conveyance
or encumbrance and report their recommendation in writing to the
Board of Trustees; (3) approval shall be obtained by a secret bal
lot vote of the combined committees of the Board of Trustees, the
Financial Oversight Committee, and the additional seven members
representing various Councils and Locals of the Brotherhood, or by
a majority vote of the membership of the United Brotherhood vot
ing in a referendum vote taken in accordance with the Laws of the
United Brotherhood.
G All legitimate expenditures in connection with said Headquar
ters and real estate shall be paid by the General Secretary-Treasurer
out of the funds of the United Brotherhood in accordance with the
Constitution and Disbursement Policies approved by the General
Executive Board.
H All income received from rents, lease or sale ofsaid property, or
any part thereof, shall be received by the General Secretary-Treasurer
as provided for in the Constitution and Laws of the United Brother
hood of Carpenters and Joiners ofAmerica, and shall become a part
of the General Fund of the United Brotherhood of Carpenters and
Joiners ofAmerica. An accounting of all such receipts and expenses
shall be published in the regular quarterly Financial Statement sub
mitted by the General Secretary-Treasurer to the Local Unions.
I Members of the Board of Trustees shall receive no additional
compensation for their services in connection with the management
ofthe Headquarters and real estate.
GENERAL EXECUTIVE BOARD
A Section 14. The General Executive Board between Conven
tions, in addition to the powers set forth elsewhere in the Constitu
tion and Laws, shall exercise all the executive and judicial power and
authority ofthe United Brotherhood, except such power or authority
as may be specifically delegated by the Constitution and Laws to
General Officers and Trustees. The General Executive Board shall
17
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have authority to determine the number of District Vice Presidents,
the number of Districts, the geographical area of the Districts and
to make appropriate provisions for the administration of the various
Districts.
B One member of the General Executive Board shall be elected
from each District. Unless altered by the General Executive Board,
the Eastern District shall consist of Connecticut, Delaware, District of
Columbia, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode Island, Vennont, Vrrginia, and
West Vrrginia. The Midwestern District shall consist ofIllinois, Indiana,
Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska,
North Dakota, Ohio, South Dakota and Wisconsin. The Southern Dis
trict shall consist of Alabama, Arkansas, North and South Carolina,
Florida, Georgia, Louisiana, Mississippi, Oklahoma, Tennessee, Texas,
Canal Zone, Virgin Islands, and Puerto Rico. The Western District shall
consist ofAlaska, Arizona, California, Colorado, Hawaii, Idaho, Mon
tana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
The Canadian District shall consist ofthe entire country ofCanada.
C The General Executive Board shall be composed ofthe General
President, General Vice President, General Secretary-Treasurer, and
one District Vice President from each of the above districts of the
United Brotherhood, who between Board meetings shall devote their
entire time to the interest ofthe United Brotherhood, under the super
vision of the General President. The General President shall chair
the General Executive Board and the General Secretary-Treasurer
shall be its Secretary; they shall hold quarterly meetings, or when
required, and shall hold special meetings at the call of the Chair.
All correspondence and appeals for the General Executive Board
shall be sent to the General Secretary-Treasurer, who shall present
same at the next regular meeting of the Board. No General Officers
shall vote on decisions rendered by thenlselves. Proceedings of the
General Executive Board shall be published in pamphlet form and
sent directly to Local Unions, District, Regional, Industriat State
and Provincial Councils.
18
D The General Executive Board shall decide points of law and
appeals that may be submitted to it. An appeal to the General Con
vention shall not operate as a stay of the decision of the General
Executive Board except, however, that the General Executive Board
shall have the authority to grant a stay of its decision or a deci
sion of the Appeals Committee when in its judgment such action
is warranted. A member of the General Executive Board may file
charges alleging a violation of the Constitution and Laws against
any officer or member of any subordinate body and the process
ing and trial of such charges shall be conducted under procedures
to be established by the General Executive Board. The Chairperson
of the General Executive Board shall from time to time designate
members of the United Brotherhood to serve on a panel which shall
constitute a standing Trial Committee, of which any three (3) or
more members may be designated to conduct trial of a case. In all
such trials a complete record of the proceedings shall be made. An
accused found guilty of violating the Constitution and Laws may be
fined, suspended or expelled by majority vote ofthe Trial Committee
subject, however, to appeal to the General Executive Board and the
Convention. Appeal of any such decision must be filed with the Sec
retary of the General Executive Board within thirty (30) days from
the date on which notice of the Trial Committee verdict or penalty
is mailed to the accused. During the period in which an appeal from
such decision may be filed and while an appeal of such decision is
pending before the General Executive Board, the penalty imposed
shall be stayed. When an appeal is filed, a complete record of the
proceedings together with the verdict and penalty of the Trial Com
mittee shall be submitted to the General Executive Board. A finding,
verdict or penalty of the Trial Committee may be affirmed, set aside
or modified on appeal. A decision of the General Executive Board
may be appealed to the Convention under Section 53H.
E The General Executive Board shall have power to authorize
strikes in conformity with the Constitution and Laws of the United
Brotherhood, and when necessary to defend the organization in any
locality against the attacks of employers., combinations or lockouts.,
19
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or any attempt to disrupt or destroy the organization, to support such
locality by levying a per capita assessment and by ordering a cessa
tion of work for any employer involved, irrespective of where such
work is located; enter into agreement with other organizations with
reference to jurisdiction over work; or a general offensive or defen
sive alliance.
F The General Executive Board shall have power to protect the
property and interest of the United Brotherhood in such a manner as
they may deem helpful and beneficial.
G The General Executive Board shall have power to disavow
agreements that may have been entered into by any subordinate Local
Unions or Councils, unless such agreements have been approved by
the General President.
H The General Executive Board shall have power to make agree
ments with employers covering our jurisdiction; provided such
agreements require employers to conform with the trade rules ofthe
district where the work is located, or which provide special terms
and conditions found by the General Executive Board to be appro
priate to a particular industry or type of work. In negotiating pen
sion, health and welfare and other fringe benefit agreements, Local
Unions and Councils shall wherever possible provide for participa
tion therein by contractors and their employees working in the area
under agreements with the United Brotherhood.
I The General Executive Board and its members are fiduciaries
entrusted with responsibility for the assets ofthe United Brotherhood.
In carrying out this responsibility, the General Executive Board shall
establish and control the investment policy governing the investment
of United Brotherhood assets. Such investments shall be made only
with prior approval of the General Executive Board or by one or
more investment managers who have been appointed by the General
Executive Board. A written investment report shall be made to all
Local Unions and Councils on a regular basis. The General Execu
tive Board shall obtain proper surety bonds for all General Officers
20
and Trustees and such employees of the United Brotherhood as it
may deem necessary. The General Executive Board shall require an
annual audit of the accounts and books of the United Brotherhood
by a Certified Public Accountant, and such audit shall be reported in
writing to the General Executive Board. Ille General Executive Board
shall perform such other duties as may be provided for in the Constitu
tion and Laws ofthe United Brotherhood.
J Whenever, by virtue of an increased death rate, a deficiency
is likely to arise in the revenues provided for payment of Funeral
Donations under the Constitution, the General Executive Board shall
have the authority to draw from the funds of each Local Union such
sum for each member in good standing as may be provided against
such deficiency.
K The General Executive Board shall provide for the bonding of
the officers and personnel of the United Brotherhood. The General
Executive Board shall have the authority to provide for the bonding
of officers and personnel of subordinate bodies of the United Broth
erhood. When the General Executive Board provides such bond
coverage through the General Office, all such officers and person
nel must be bonded thereunder to be eligible to hold any office or
employment. The price of such bonds shall be a standing appropria
tion to be paid to the General Secretary-Treasurer upon the receipt of
notice from the General Office.
L The General Executive Board shall have power to define in detail
the trade autonomy and jurisdiction ofthe United Brotherhood.
M The General Executive Board shall be empowered to autho
rize contributions or expenditures in support of or in opposition to
legislation or other political activity, including support of particular
candidates for office, political parties and other entities, to the extent
permitted by law, where such support is deemed by the General
Executive Board to be in the best interests ofthe United Brotherhood
or its subordinate bodies or members, or organized labor, generally
21
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or in a particular area. This authority may be delegated by the Gen
eral Executive Board to the General President.
N Meetings ofthe General Executive Board may be conducted in
person or by telephone. For any meeting of the General Executive
Board, those present shall constitute a quorum, provided that at least
one Resident Officer and a majority of the members of the General
Executive Board are present.
SUPPLIES FOR LOCAL UNIONS
Section 15. All Constitutions, cards and supplies shall be fur
nished by the General Secretary-Treasurer, per order ofthe Financial
Secretary or Recording Secretary of any Local Union or subordinate
body in good standing, and the money for the same will be billed
or shall accompany all orders for supplies when sent to the General
Secretary-Treasurer.
REVENlJE
Section 16. The revenue of the United Brotherhood shall be
derived from a per capita tax from all Local Unions on all members,
applicants and persons paying agency shop or similar fees, also the
amount specified on each new member admitted, charter fees, rent of
office building, interest on bank deposits, income from investments,
subscribers to and advertisements in the Carpenter, fines, supply
sales and other miscellaneous receipts.
GENERAL CONVENTION
A Section 17. The United Brotherhood shall meet in General
Convention in 2000 and every five (5) years thereafter, on a date set
by the General Executive Board, and the Board shall provide a suit
able place for holding such Convention. The General Convention,
while in session, shall be vested with all the executive, legislative
and judicial authority of the United Brotherhood together with an
powers necessary or incidental thereto.
22
B A Special Convention may be called as follows: Whenever
fifteen Local Unions, no two of which are located in the same State
or Province, present to the General Executive Board a resolution
calling for a Special Convention, the General Executive Board
shall consider the matter no later than its next regular meeting. If
the General Executive Board is satisfied that a Special Convention
for the purpose requested is in the best interest ofthe United Broth
erhood, it shall make provision for the holding of such a Conven
tion at the earliest practical date. Whenever the General Executive
Board shall decide that a Special Convention is necessary, it shall
have authority by majority vote to issue a call for a Special Con
vention. A Special Convention shall be subject to the same rules
as a General Convention except that a Special Convention cannot
consider any matter other than as may be stated in the Convention
Call.
e A Local Union shall be entitled to representation in the
Convention for members in good standing in the month that the
Convention Call is issued according to the General Secretary
Treasurer's records, on this basis: 100 members or less shall be
entitled to one delegate; more than 100 members and not more than
500, two delegates; more than 500 and less than 1,000, three del
egates; 1,000 members and less than 1,500, four delegates; 1,500
members and less than 2,000, five delegates; 2,000 and less than
2,500, six delegates; 2,500 and less than 3,000, seven delegates;
a Local Union with 3,000 or more members shall be entitled to
eight delegates plus one additional delegate for every 500 mem
bers over 3,000. State, Provincial, Regional, Industrial, and District
Councils and the Canada Council shall be entitled to representation
by election of one delegate. The General Officers of the Brother
hood (as set forth in Section 9, Par. A) shall receive full accredited
delegate credentials to the Convention from their respective Local
Unions. Each duly elected delegate shall be entitled to one vote in
the Convention, except that delegates elected by Councils shall not
be entitled to vote in the election of General Officers.
23
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I
D General Officers shall be accredited delegates to any Gen
eral or Special Convention of the United Brotherhood by virtue of
their office. The designation of General Officers as delegates shall
not affect the number of delegates to which their respective Local
Unions shall otherwise be entitled.
E A Local Union shall not be entitled to representation which
owes two months' per capita tax to the General Office.
F The election of delegates and alternates shall be held by secret
ballot within the time specified by the General Executive Board. All
members shall be notified by mail to attend the meeting at which the
delegates and alternates are to be elected. To be eligible for nomina
tion or election as a delegate or alternate to a General Convention, a
member must meet the requirements of Section 31D.
G The Recording Secretary shall at once report to the Gen
eral Secretary-Treasurer the name and post office address of the
delegate(s) and alternate(s).
H Each delegate other than a General Officer shall establish claim
to a seat by presenting proper identification and credentials, duly
signed by the President and Recording Secretary ofthe Local Union
or the President and Secretary of the State, Provincial, Regional,
Industrial or District Council the delegate represents with seal
attached. Eligibility of General Officers shall be certified by the
General Secretary-Treasurer.
I No proxy representation shall be allowed. A delegate to the
Convention ofthe United Brotherhood, other than a General Officer,
must hold credentials from the Local Union or Council he or she
represents. No member may be a delegate from or represent more
than one subordinate body.
J The mileage and expenses for the attendance of said delegates
shall be defrayed by the Local Union or Council they respectively
represent.
24
K A quorum for the transaction of business shall consist of a
n1ajority of the delegates attending the Convention. Any delegate
who refuses to recognize and obey the sound of the gavel in the
hands of the presiding officer shall be debarred from further voice
or vote during the session, and the action taken by the presiding
officer shall be reported by the General Secretary-Treasurer to the
Local Union or Council which elected the offending delegate as
their representative.
L The Committee on Constitution and the Committee on Griev
ances and Appeals shall meet in advance ofthe Convention at a time
and place designated by the General President. Members ofthe Gen
eral Executive Board shall not be eligible to act on either of these
committees.
M The Con1mittee on Finance shall examine the accounts of the
General Secretary-Treasurer, and shall verifY the audits made by the
General Executive Board, and shall meet at a time and place desig
nated by the General President.
N The General President shall appoint a Committee on Creden
tials, consisting of not less than five members. The Committee shall
meet at the call ofthe chair. In the event the credentials of a delegate
are protested, the Committee on Credentials shall hear the protest
and submit its findings to the Convention.
ORDER OF PROCEDURE
Section 18. The order of procedure in Convention in the trans
action ofbusiness shall be the same as at the preceding Convention
until such time as the Committee on Rules reports.
DUTIES OF OFFICERS AT CONVENTION
Section 19. The General Officers shall be required to attend the
Convention and they shall have a voice and vote in same, except
that General Officers shall not be pennitted to vote in the election of
General Officers. Their expenses for attendance at the Convention
shall be paid out of the funds of the United Brotherhood.
25
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I
GENERAL PRESIDENT
A Section 20. It shall be the duty of the General President to pre
side at all Conventions ofthe United Brotherhood and conduct same
according to parlianlentary rules and in conformity with the laws
of the United Brotherhood, and immediately after the opening of
the Convention shall appoint a Committee on Rules. The General
President shall appoint such other committees as may be necessary.
Each committee shall consist of not less than five delegates.
B The General President shall submit a report to the Convention.
GENERAL SECRETARY-TREASURER
Section 21. The General Secretary-Treasurer shall keep a cor
rect record of the proceedings of the Convention and shall submit a
report to the Convention, including a report of the United Brother
hood's revenues and expenses.
GENERAL EXEClJTIVEBOARD
Section 22. The General Executive Board shall submit a report
to the Convention.
BOARD OF TRUSTEES
Section 23. The Board of Trustees shall submit a report to the
Convention.
PERIOD COVERED BY REPORTS
Section 24. The reports required by Sections 20B, 21, 22 and 23
shall cover the period beginning on January 1 of the year in which
the last General Convention was held and ending on December 31
ofthe year preceding that in which the General Convention is held at
which the reports are to be submitted.
JURISDICTION AND POWERS OF LOCAL UNIONS
A Section 25. It is the continuing obligation of every Local Union
to organize workers.
26
B Local Unions shall be governed by applicable unifonn bylaws
and have the power to make laws and trade rules which in no way
conflict with the Constitution and Laws of the United Brother
hood, and must be approved by the General Vice President before
becoming law, and shall be filed with the General Vice President;
likewise, all future amendments must be submitted and filed. Local
Unions not affiliated with a District, Industrial or Regional Council
shall have the power to conduct trials of members who have been
charged with violating the Constitution and Laws or violating the
Trade Rules in the Local Union when such violations occur within
the Local Union's jurisdiction and impose such penalties as they
may deem the case requires, subject to Sections 51 and 52, and the
right of appeal under Section 53. Local Unions cannot debar their
members from working for contractors or for employers who are not
connected with the Employers' or Builders' Association, nor shall
Local Unions affiliate with any central organization whose Constitu
tion or Bylaws conflict with those of the United Brotherhood.
C At any regular or special meeting ofthe membership of a Local
Union, duly called for the transaction of any business, those present
shall constitute a quorum, provided seven (7) or more members are
present. For any regular or special meeting of the Executive Com
mittee of a Local Union, those present constitute a quorum, provided
a majority of the members of the Executive Committee are present.
The tenns special meeting and special called meeting have the same
meanmg.
D Local Unions shall have power to regulate and make payment
of sick donations only by an established Bylaw ofthe Local Union.
E A Local Union cannot dissolve itself. A Local Union cannot
withdraw from the United Brotherhood so long as two members in
good standing object thereto.
F In communities where there are not a sufficient number of per
sons eligible for membership in the United Brotherhood to fonn a
Local Union, the Representative., or some other person designated by
the General President., shall have the power to initiate applicants in
27
such localities and provide such members with Dues Books, Consti
tutions, etc. Mernbers so initiated shall be under the jurisdiction and
shall pay dues to the Local Union designated by the Representative.
G Each Local Union is responsible for the carelessness or negli
gence of its officers.
H All Local Unions and Councils are prohibited from sending out
circulars or appeals asking for financial aid from any other Local
Union or Council ofthe United Brotherhood, except by and with the
approval of the General Executive Board.
I The donation coverage of any member may not be changed
from Donation Schedule 1 to Donation Schedule 2, or from Dona
tion Schedule 2 to Donation Schedule 1 without the written approval
of the General President. Members may not change coverage status
from Donation Schedule 2 to Donation Schedule 1 after reaching
their fiftieth birthday.
J The geographical or trade jurisdiction of any Local Union may
not be changed without the written approval ofthe General President.
JURISDICTION AND POWERS OF DISTRICT AND
REGIONAL COUNCILS
A Section 26. It is the continuing obligation of every District and
Regional Council to organize workers.
B Where there are two or more Local Unions located in one city,
they must be represented in a District Council or Regional Coun
cil unless otherwise determined by the General President. District
Councils and Regional Councils shall be composed of Delegates
from Local Unions of the United Brotherhood. They shall be gov
erned by applicable uniform Bylaws and have the power to make
laws and trade rules which in no way conflict with the Constitution
and Laws of the United Brotherhood and which are approved by
the delegates of the Council and the General Vice President. The
General President shall have power to order such Local Unions to
affiliate with such District or Regional and to determine the
28
jurisdictional area and trade autonomy of such District or Regional
Council subject to appeal. No Local Union may withdraw from such
a District Councilor Regional Council without approval ofthe Gen
eral President.
C District Councils and Regional Councils may be formed in
localities other than in cities where two or more Local Unions in
adjoining territory request it, or when in the opinion of the General
President the good of the United Brotherhood requires it. No Local
Union shall affiliate with or withdraw from such a District Council
or Regional Council without the approval of the General President.
District and Regional Councils so formed shall be governed by appli
cable uniform Bylaws and have the power to make laws and Trade
Rules which in no way conflict with the Constitution and Laws of
the United Brotherhood and which are approved by the delegates of
the Councils and the General Vice President.
D At any regular or special meeting of a District or Regional
Council, duly called for the transaction ofany business, those present
shall constitute a quorum, provided seven (7) or more delegates are
present. For any regular or special meeting of the Executive Com
mittee of a District or Regional Council, those present shall consti
tute a quorum, provided a nlajority ofthe members of the Executive
Committee are present. The terms special meeting and special called
meeting shall have the same meaning.
E The jurisdiction of District or Regional Councils shall be deter
mined in accordance with the Constitution and Laws of the United
Brotherhood. The title to all property of the District or Regional
Council shall be held in the name of the Trustees of the District or
Regional Council and/or their successors in office or in the name of
the District or Regional Council. If the property is not directly held
by the Council, but instead by an entity such as a corporation, the
officers ofthat entity shall be officers ofthe Council and/or their suc
cessors sufficient to control the Council's interest in that property. In
the event that real property is held by a District or Regional Council
through a building corporation or other entity that is wholly owned
29
by the District or Regional Council, the officers ofsuch corporation or
entity shall consist solely ofcurrent officers ofthe District or Regional
Council who shall be officers of the corporation or entity by virtue of
their District or Regional Council officer positions. District or Regional
Councils having annual receipts amounting to Fifty Thousand Dollars
($50,000.00) or more from all sources shall engage a certified or reg
istered public accountant for periodic audits, but not less than once
a year, and such audits shall be examined by the Trustees for com
parison with the Trustees' audits who shall report their conclusions in
writing to the District or Regional Councils. The Trustees of a District
or Regional Council shall report annually to the General Secretary
Treasurer on Bond Report Fonns supplied by the General Office.
F A District Council or Regional Council shall have the power to
conduct trials ofmembers or Local Unions within its jurisdiction who
have been charged with violating the Constitution and Laws, violating
the District Council or Regional Council Bylaws and/or Trade Rules
or violating the Trade Rules of a Local Union when such violation
occurs within the District Council's or Regional Council's jurisdic
tion, and impose such penalties as they may deem the case requires,
subject to Sections 51 and 52 and the right of appeal under Section
53. District Councils and Regional Councils cannot debar their mem
bers from working for contractors or employers not connected with
Employers' or Builders' Associations, nor shall District Councils or
Regional Councils affiliate with any central organization whose Con
stitution or Bylaws conflict with those ofthe United Brotherhood.
G Examining Boards may be established by District or Regional
Councils or Local Unions where no District or Regional Cotulcil exists.
H The General President may authorize and charter Regional
Councils to be composed of two or more Local Unions and/or Dis
trict Councils. There shall be a Canada Council, with Bylaws to be
approved by the General Vice President.
The General Executive Board may establish uniform Bylaws
to govern State Councils, Provincial Councils, Regional Councils,
30
I
District Councils, Industrial Councils and Local Unions, not incon
sistent with the Constitution and Laws, which shall be in full force
and effect pending ratification or modification by the next General
Convention.
J The geographical or trade jurisdiction of any Council may not
be changed without written approval of the General President.
JURISDICTION OF STATE AND PROVINCIAL COUNCILS
A Section 27. State and Provincial Councils may be fonned in
accordance with Section 6A ofthe Constitution and Laws. All Laws
of State and Provincial Councils must be submitted to the General
Vice President for approval, and all officers and members of such
Councils shall be held responsible for compliance with all Laws
governing the United Brotherhood.
B State and Provincial Councils shall have the power to make
laws to govern such State and Provincial Councils, which shall in no
way conflict with the Constitution and Laws of the United Brother
hood, and which must be approved by the General Vice President
before becoming law.
C The jurisdiction of State or Provincial Councils shall be the
State or Province for which they are chartered, unless otherwise pro
vided in the Constitution and Laws ofthe United Brotherhood.
D The title to all property of the State and Provincial Councils
shall be held in the name of the Trustees of the State and Provin
cial Councils and/or their successors in office or in the name of the
State or Provincial Council. Ifthe property is not directly held by the
Council, but instead by an entity such as a corporation, the officers
of that entity shall be officers of the Council and/or their succes
sors sufficient to control the Council's interest in that property. In
the event that real property is held by a State or Provincial Council
through a building corporation or other entity that is wholly owned
by the State or Provincial Council, the officers of such corporation
or entity shall consist solely of current officers of the State or Pro
31
I
vincial Council who shall be officers of the corporation or entity by
virtue oftheir State or Provincial Council officer positions. State and
Provincial Councils having annual receipts amounting to Fifty Thou
sand Dollars ($50,000.00) or nlore from all sources shall engage
a certified or registered public accountant for periodic audits, but
not less than once a year, and such audits shall be examined by the
Trustees for comparison with the Trustees' audits who shall report
their conclusions in writing to the State and Provincial Councils.
The Trustees of a State or Provincial Council shall report annually
to the General Secretary-Treasurer on Bond Report Fonns supplied
by the General Office.
JURISDICTION OF AUXILIARY UNIONS
A Section 28. Jurisdiction of Auxiliary Unions shall be as pro
vided for by the Constitution and named in their Charter.
B Auxiliary Unions may make laws to govenl their members in
the same manner as Local Unions, provided that such laws are not
in conflict with the Constitution of the United Brotherhood or the
Local Union or Council's Bylaws in the area in which the Auxiliary
operates.
C Any member in good standing is pennitted to become a mem
ber of a Ladies' Auxiliary Union.
ADMISSION OF LOCAL l J N I O N S
Section 29. Applicants who wish to organize a Local Union
may apply to the General Secretary-Treasurer and request the outfit
necessary for the institution of a Local Union. Issuance of a charter
shall be discretionary with the General President under Section lOA.
If after investigation issuance of a charter is approved, the General
Secretary-Treasurer shall forward the Charter and any administrative
materials necessary to begin operations as a Local Union under the
Constitution of the United Brotherhood. The Charter is at all times
the property ofthe United Brotherhood.
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SUSPENDED AND LAPSED LOCAL lJNIONS AND COlTNCILS
A Section 30. If, at any time, a Local Union, Council or other
subordinate body should withdraw, lapse, dissolve, be suspended
or expelled, or otherwise cease to function as a subordinate body
of the United Brotherhood, all Property, Books, Charter and Funds
held by, or in the name of, or on behalf of said Local Union or other
subordinate body must be forwarded immediately to the General
Secretary-Treasurer for such use or disposition in the interests of
the membership of the United Brotherhood as the General President
in the exercise of his or her discretion may direct or to such Local
Union(s) or Council(s) as the General President in the exercise ofhis
or her discretion may direct.
B The officers and members of said Local Union, Council, or
other subordinate body will be held responsible for compliance with
the above Section, under penalty of being prosecuted by law, and
forfeiture of membership and donation in this United Brotherhood.
C A member of a lapsed or suspended Local Union, if in good
standing, and upon payment of any dues or assessments then unpaid,
can be cleared for transfer to the nearest Local Union in the vicinity,
upon application to the General Secretary-Treasurer. Once a mem
ber is cleared for transfer by the General Secretary-Treasurer, such
member can be transferred to the nearest Local Union without the
personal attendance of the member.
D In no event shall the United Brotherhood be liable for the obli
gations or debts of a subordinate body, including a subordinate body
which has withdrawn, lapsed, dissolved, been suspended, expelled,
or otherwise ceased to function as a chartered subordinate body of
the United Brotherhood.
NOMINATION, ELECTION AND APPOINTMENT IN
S-UBORDINATE BODIES
A Section 31. The officers of a Local Union shall be a President,
Vice President, Recording Secretary, Financial Secretary, Treasurer,
33
Conductor., Warden and three Trustees. The officers shall constitute
the Executive Committee ofthe Local Union. A Business Represen
tative who is not a member ofthe Executive Committee shall attend
the meetings of the Executive Committee with voice but without
vote. No member may hold more than one office or be a candidate
for more than one office in a regular election, in the same subordi
nate body., unless dispensation to combine the two offices has been
granted by the General President. The offices of Financial Secretary
and Treasurer may also be combined by a properly adopted By law
of the Local Union that has been approved by the General Vice
President. In elections held to fill vacancies, a member who holds
an office must resign said office in writing before accepting nomina
tion as a candidate for another office in the same subordinate body
(unless the offices are combined by dispensation) and all existing
vacancies, including those left by such resignations, shall be filled by
the same nominations and election. Neither the President, Treasurer,
Financial Secretary nor Recording Secretary can act as Trustee.
D Where Local Unions are affiliated with a District, Industrial
or Regional Council, the services of any Business Representatives,
Assistant Business Representatives, and Organizers shall be pro
vided by and through such Council and such Business Represen
tatives, Assistant Business Representatives., and Organizers shall
be appointed by the Executive Secretary-Treasurer of the Council.,
subject to approval of the Executive Committee of the Council, and
shall be employees ofthe Council. All Business Representatives and
Assistant Business Representatives shall be required to participate
in any training program for Business Representatives which shall be
established by the United Brotherhood., and all Organizers shall be
required to participate in any training program for Organizers that
may be designated by the General President. Local Union officers
shall be required to participate in any training program established
by the United Brotherhood for the Local Union officer position they
hold. Council delegates shall be required to participate in any train
ing program for Council delegates established by the United Broth
34
erhood. An appointed Business Representative, Assistant Business
Representative, or Organizer shall serve at the discretion of the Dis
trict, Industrial, or Regional Council. No member may be appointed
to or hold the position of Business Representative, Assistant Busi
ness Representative or Organizer while receiving a pension under
the United Brotherhood of Carpenters Pension Plan.
e The regular tenus of elected officers shall be three years in
Local Unions and three or four years in District, Industrial and
Regional Councils, or until their successors are elected, qualified and
installed.
D A member cannot hold office or the position of Delegate or a
Committee position, or be nominated for office, Delegate or a Com
mittee position, ifreceiving a pension under the United Brotherhood
of Carpenters Pension Plan, or unless present at the time ofnomina
tion, except that the member is in the anteroom on authorized busi
ness or out on official business, or prevented by accident, sickness,
or other substantial reason accepted by the Local Union or Council
from being present; nor shall the member be eligible unless working
for a livelihood in a classification within the trade autonomy of the
United Brotherhood as defined in Section 7 or in employment which
qualifies him or her for membership, or is depending on the trade
for a livelihood, or is employed by the organization as a full-time
officer or representative; provided, further, that members who are
life members shall not be eligible. A nlernber must have been twelve
(12) consecutive months a member in good standing immediately
prior to nomination in the Local Union and a member of the United
Brotherhood of Carpenters and Joiners ofAmerica for two consecu
tive years immediately prior to nomination, unless the Local Union
has not been in existence the time herein required, and must remain
a member in good standing at all times in order to remain in the
position to which he is elected or appointed. A member who retires
after being elected nlay complete the term for which elected unless
receiving a pension under the United Brotherhood of Carpenters
Pension Plan. Contracting members are not eligible to be nominated
35
for or hold an officer, delegate, or Committee position, nor shall a
member who has been a contracting member until six months have
elapsed following notification by the nlember to his or her Local
Union in writing that he or she has ceased contracting.
E Nomination ofofficers and delegates ofLocal Unions shall take
place in May and the election shall take place in June. All members
shall be notified by mail of the time, date and place of the nomi
nating meeting and of the election, and the notice(s) shall specify
all offices to be filled. Notice shall be by letter or postcard, or by a
notice conspicuously placed on the front page of the union news
letter or newspaper, and must be sent to the members' last known
address as reported to the Recording Secretary under Section 44F
Notice in newspapers or similar publications shall not constitute
proper notice, but may be used as a supplementary notice. Members
shall receive not less than fifteen days' notice of nominations and
elections, and where a combined notice is used it shall be mailed
not less than thirty days prior to the date of the election. Notices of
nomination and election shall be mailed not more than sixty (60)
days prior to the date of such nominations and/or election. Where
District Council officers are to be elected by delegates to the Council
in any year in which the affiliated Local Unions hold regular election
ofsuch delegates, the election ofDistrict Council officers shall be by
the incoming delegates and not by the outgoing delegates. In Local
Unions that are not affiliated with a District, Regional or Industrial
Council, if Business Representatives or Assistant Business Repre
sentatives are elected, their qualifications, nomination, and election
shall be governed by the provisions ofthis section and the same rules
which apply to Local Union officers shall apply to such Business
Representatives.
F The election of officers and delegates shall be by secret ballot.
Ballots shall be prepared in advance listing the names of all can
didates nominated for election. The nominees receiving a plurality
of votes shan be declared elected. Write-in votes shall neither be
authorized nor permitted in the election of Officers or delegates in
36
any Local Union, District, Industrial, Regional, State or Provincial
Council.
G All Local Union elections shall be conducted by an Election
Committee appointed by the President of the Local Union. For
Council elections, all elections shall be conducted by an Election
Committee appointed by the Executive Secretary-Treasurer of the
Council, or by the President ofthe Council ifno Executive Secretary
Treasurer position exists or if such position is vacant. No nominee
for office or nominee for delegate shall be eligible to serve on such
Committee. To be eligible to nominate a member for a Local Union
officer, delegate or Committee position, a member must be a mem
ber in good standing of the Local Union at the tinle of nominations.
The Financial Secretary shall be available with all necessary records
to establish eligibility of members to be nominated for and to hold
office and to vote in any election. For purposes of determining the
eligibility of members to be nominated for and to hold office and to
vote in any election, the UBC membership processing system shall
be used to determine whether the length of membership and mem
bership in good standing requirements have been met, along with
other relevant information. If more than one polling place is used, a
list of eligible members shall be available at each location. The Elec
tion Committee shall tabulate the vote and report to the Local Union
or Council. The Chairperson ofthe Election Committee shall declare
the result ofthe balloting and announce the name ofthe elected can
didate. In the event of a tie between two candidates, the tie shall be
broken by a coin toss. In the event of a tie between more than two
candidates, the tie shall be broken by a runoff election. If the runoff
election is conducted on the same date as the original election, the
notice ofthe election must have so indicated. When voting machines
are used the Tellers shall examine the machines before the start of
the voting to see that they are properly set. A candidate, or his or her
observer, may also examine the machines in conjunction with the
Tellers. After the polls have closed the Tellers shall review the result
of the election, fill out and sign the tener sheets giving the names of
the candidates and total vote each received, which sheet shall be held
37
in safe-keeping by the Recording Secretary. The Recording Secretary
shall preserve all ballots used and unused and all records pertaining
to the election for one year following the date of the election.
H Where required or pennitted by law, a qualified candidate for
office shall be pennitted to examine the membership list contain
ing the names and addresses of all the members once within thirty
days prior to the election, and a Local Union or Council shall honor
reasonable requests from candidates to have their campaign litera
ture mailed by the Union at the candidates' expense. A candidate for
office may designate a member in good standing as an observer at
the poll and tabulation of the ballots. More than one observer may
be appointed by each candidate as needed to adequately observe the
polls and tabulation. Observers must be members in good standing.
The Election Committee shall detennine the number of observers
pennitted in each election.
I The installation of Local Union officers shall take place on the
first meeting in July. In case an officer does not appear for instal
lation within two regular meetings thereafter., the office must be
declared vacant. All Local Unions and Councils shall provide the
United Brotherhood an accurate and current listing of their officers,
Council delegates, organizers, and representatives immediately fol
lowing their election or appointment by entering such infonnation
on the UBC membership processing system. Any interim changes
shall be entered on the UBC membership processing system imme
diately following such changes.
J A Local Union or Council may adopt a By law providing that an
officer or representative duly nominated and elected in accordance
with the Constitution and Laws shall, by virtue of his or her office,
be a delegate to a General Convention ofthe United Brotherhood or
any other subordinate body with which the Local Union or Council
is affiliated. The notices of nominations and election, and the ballot,
must advise the members that the candidate elected to the office or
position will be a delegate to the General Convention of the United
Brotherhood or other subordinate body.
38
I
VACANCIES IN LOCAL AND CO{TNCIL OFFICES
A Section 32. If any officer shall fail to discharge the duties ofthe
office for three successive meetings, without satisfactory excuse, the
office shall be declared vacant by the President. This provision shall
also apply to the position ofBusiness Representatives and delegates.
Failure to attend a regular or special called meeting without satisfac
tory excuse shall constitute failure to discharge duties ofthe office at
that meeting.
B When vacancies occur in any elective office of a Local Union
or in the position of delegate to a Council from a Local Union, the
President of the Local Union may appoint a qualified member to a
fill the vacancy pro tern, until such time as an election is held to fill
the vacancy. When a vacancy occurs in any elective office of a Coun
cil, the Executive Secretary-Treasurer of the Council may appoint a
qualified member to fill the vacancy pro tern, until such time as an
election is held to fill the vacancy. If no Executive Secretary-Trea
surer position exists or such position is vacant, the President of the
Council may make such pro-tern appointment.
C Any officer or Business Representative may be removed after
due trial upon charges preferred in confonnity with Sections 51 and
52 ofthe Constitution and Laws.
D In the absence of both the President and the Vice President, the
Recording Secretary shall call the meeting to order and those present
shall elect a President pro tern.
E Any Local Union or District Council Officer, elected Business
Representative, Delegate or committee member, who applies for
and is issued a Transfer Card from his Local Union shall be deemed
thereby to have resigned his office or position.
D{TTIES OF PRESIDENT OF LOCAL {INION
A Section 33. The President shall preside at all meetings, preserve
order and enforce the Constitution and Laws of the United Brother
hood; shall decide all questions of order, subject to an appeal to the
Local Union. The President shall determine all questions of eligibil
39
ity for office, subject to an appeal to the General President under
Section 53G. The President shall have the deciding vote in case ofa
tie, except in cases of a secret ballot vote.
D The President shall appoint all cOll1ll1ittees or such other offi
cers as may be necessary, unless otherwise ordered, and shall have
the power to order the Recording Secretary to call special meetings
when requested in writing by five members in good see
that bonds are procured for officers and shall perform such other
duties as are required by the office. Members must be notified of
special meetings in wrIting sent to their last known address and stat
ing the date, time and place of the meeting and the business to be
transacted. No business not stated in the notice shall be transacted.
Special meetings nlay be held in conjunction with regular meetings.
C Any member entering the meeting in a state of intoxication or
who disturbs the harmony thereof, or uses profane or unbecoming
language during the meeting shall be admonished by the Chair. If
the member again offends, he or she shall be admonished again; and
for the next offense may be excluded from the room. The fact that a
member is admonished or excluded from the room under this Sec
tion shall not constitute a bar to the filing and processing of charges
against the meluber based on his or her conduct at the meeting. A
visiting member shall be subject to these Laws. The Chairperson
shall strictly enforce this Section.
DUTIES OF VICE PRESIDENT OF LOCAL UNION
Section 34. The Vice President shall assist the President in the
discharge of the official duties and shall perform the duties of Presi
dent in the event of the absence of the President. In the event of the
death, removal or resignation ofthe President, the Vice President shall
fill the office ofPresident, until such time as a President is elected.
DillIES OF RECORDING SECRETARY OF LOCAL UNION
A Section 35. The Recording Secretary shall keep the correct
minutes of each meeting, read and preserve all documents and cor
40
respondence, issue all summons for special meetings, have charge
of seal and affix the same on all official documents, and conduct
all official correspondence. Minutes of meetings shall be safely pre
served as a permanent record ofthe Local Union, in a form approved
by the General Office.
B The Recording Secretary shall report to the Local Union the
expenditures at the close of each meeting and perfoml such other
duties as the Local Union may direct, or as prescribed in the Consti
tution and Laws of the United Brotherhood.
C The Recording Secretary, when properly instructed, shall notify
all members of the Local Union to present their Dues Books to the
Trustees during the first month of each quarter for the purpose of
comparing them with the books ofthe Financial Secretary.
DlJTIES OF FINANCIAL SECRETARY OF LOCAL UNION
A Section 36. The Financial Secretary shall receive all moneys
paid into the Local Union and ensure that such moneys are entered
on the lJBC membership processing system and shall without undue
delay see that same is deposited either by paying same to the Trea
surer who shall give a receipt for money received, or by directly
depositing same in the Local U n i o n ~ s name in such bank or banks
as may be designated by the Local Union. The Financial Secretary
shall keep a record of all applications for membership and a correct
account of each member, with full name and address, on the UBC
membership processing system. The Financial Secretary shall ensure
that the names and addresses of all new officers are entered into the
UBC membership processing system, with the correct beginning and
ending dates for terms ofoffice, and that such information is kept up
to date.
B The Financial Secretary shall enter and date each payment on
the member's Dues Book, if applicable, and sign the same, and shall
record all receipts on the UBC membership processing system and
report same to the Local Union.
41
C The Financial Secretary shall report to the Local Union as to
the numerical and financial standing of the Local Union for the pre
ceding month at a membership meeting of the Local Union on a
monthly basis and shall be bonded as required by the Constitution
and Laws ofthe United Brotherhood.
D Local Unions having an established business office shall have
the power, by regularly passed motion, to designate the books and
other property to be kept at the office, and to delegate such duties
to the Financial Secretary as may be deemed expedient for proper
transaction of its business. Where no established business office is
maintained, the Financial Secretary and other officers shall securely
maintain, on the Local Union's behalf: any records or other property
that may be in their possession, and shall make such records and other
property available to authorized officers and representatives upon
request.
E The Financial Secretary shall have full control of all supplies,
and shall issue the same, subject to orders of the Local Union.
F The Financial Secretary shall ensure that the per capita tax is
promptly sent to the General Secretary-Treasurer each month for the
month preceding, together with the portion of initiation fees payable
to the United Brotherhood.
DUTIES OF TREASURER OF LOCAL l T N I O N
A Section 37. The Treasurer shall receive from the Financial Sec
retary all moneys collected and give receipt for and deposit same
in the name of the Local Union in such bank or banks as may be
designated by the Local Union. The Treasurer shall make no dis
bursement without the sanction of the Local Union. All checks of
a Local Union must be signed by two or more officers of the Local
Union. The Executive Committee ofthe Local Union shall designate
which officers shall have authority to sign checks on behalf of the
Local Union, except that the Trustees of a Local Union shall not be
permitted to sign checks of a Local Union.
42
B The Treasurer shall make an itemized statement the first meet
ing of each quarter for the preceding quarter, to the Local Union, of
all moneys received and paid out, and submit books and vouchers
for inspection at any time when called upon, and perform such other
duties as the Local Union may require.
C All moneys shall be payable by check, nloney order, electronic
transfer, or other form of payment as authorized by the General
Secretary-Treasurer. If a disbursement is made by a Local Union
by electronic transfer, in addition to any necessary approval of the
membership required under Section 54, the disbursement by elec
tronic transfer must be approved, in writing, by two officers of the
Local Union prior to the disbursement and be in compliance with
any additional requirements established by the General Secretary
Treasurer for payments by electronic transfer.
D The Treasurer shall be bonded as required by the Constitution
and Laws ofthe United Brotherhood.
DUTIES OF CONDUCTOR OF LOCAL UNION
Section 38. In the case of those Locals which desire to use the
additional oral initiation ceremony, the Conductor shall obtain the
names of all candidates awaiting initiation and report the same to
the President and shall conduct the candidate through the initiation
ceremony, and shall perform all duties pertaining to the office, and
shall be furnished an assistant when necessary.
DUTIES OF WARDEN OF LOCAL UNION
Section 39. The Warden shall take charge of the doors at the
meeting and see that no one but members shall enter.
DlJTIES OF TRlTSTEES OF LOCAL UNION
A Section 40. The Trustees shall have the supervision of all funds
and properties ofthe Local Union, subject to such instructions as they
receive from time to time from the Local Union. The title to all prop
43
erty of the Local Union shall be held in the name of the Trustees of
the Local Union and/or their successors in office or in the name of
the Local Union. If that property is not directly held by the Local
Union, but instead by an entity such as a corporation, the officers of
that entity shall be officers ofthe Local Union and/or their successors
sufficient enough to control the Local Union's interest in the property.
In the event that real property is held by a Local Union through a
building corporation or other entity that is wholly owned by the Local
Union, the officers of such corporation or entity shall consist solely
of current officers of the Local Union who shall be officers of the
corporation or entity by virtue oftheir Local Union officer positions.
B It shall be the duty of the Trustees to see that the Treasurer or
Financial Secretary deposits all moneys received in such bank(s) as
the Local Union designates. The Trustees shall see that the Record
ing Secretary of the Local Union notifies the bank(s) of the names
ofthe officers duly authorized to sign checks for withdrawals on the
account, and that all disbursements are made by check, money order,
electronic transfer, or other form of payment as authorized by the
General Secretary-Treasurer, except that a petty cash fund for either
the Financial Secretary or the Treasurer is permitted. If a disburse
ment is made by a Local Union by electronic transfer, in addition to
any necessary approval of the membership required under Section
54, the disbursement by electronic transfer must be approved, in
writing, by two officers ofthe Local Union prior to the disbursement
and be in compliance with any additional requirements established by
the General Secretary-Treasurer for payments by electronic transfer.
C The Trustees shall audit all books and accounts ofthe Financial
Secretary and the Treasurer, audit all receipts and accounts of any
other person authorized to collect funds, examine the bank book(s)
monthly, and shall report to the Local Union monthly in writing, and
annually to General Secretary-Treasurer on Bond Report Fonus sup
plied from the General Office; and shall perform such other duties as
are provided for in the Constitution and Laws ofthe United Brother
hood or as the Local Union may direct. Local Unions having annual
44
receipts amounting to Fifty Thousand Dollars ($50,000) or more
from all sources shall engage a certified or registered public accoun
tant for periodic audits, but not less than once a year. Such audits
shall be examined by the Trustees for con1parison with the Trustees'
Audits and the Trustees shall report their conclusions in writing to
the Local Union. If a Local Union is affiliated with a Council, the
audit report of the certified or registered public accountant shall be
provided to the Council annually.
DlTTIES OF COMMITTEES OF LOCAL UNION
A Section 41. All Committees shall perform the duties assigned to
them within the time specified, and shall report in writing. Eligibility
to serve on a Committee is governed by Section 31D, and no per
son shall be exempt from serving on a committee when called upon,
except the Recording and Financial Secretaries, unless excused by
vote of the Local Union, or who is already a member of some other
committee.
S The first person named on a comn1ittee shall chair the commit
tee until another is chosen by the committee.
C Any committee member who neglects or fails to perform any
duty required by the Constitution and Laws of the United Brother
hood may be removed by the President, with the exception of mem
bers of the Executive Committee.
QUALIFICATIONS FOR MEMBERSHIP
A Section 42. Members admitted before January 1, 1994 and
before reaching age 60 shall be covered by Donation Schedule 1
or Donation Schedule 2 and may be eligible for a funeral donation
under the provisions of Section 48. Members admitted on or after
January 1, 1994 shall not be covered by Donation Schedule 1 or 2
and shall not be eligible for any funeral donation provided in the
Constitution.
B Members in good standing who, on or after January 1, 1987
have or attain 50 years of continuous membership in the United
45
~
...______ 1
Brotherhood shall not be required to pay dues to any Local Union
and the Local Union in which they hold membership shall not be
required to pay per capita tax with respect to then1 to the United
Brotherhood. Such members shall, nevertheless, retain all rights
and privileges as well as other obligations ofmembership, and shall
pay working dues while working in the jurisdiction of any Local
Union or District Council that has established such working dues,
work fees or supplemental working dues pursuant to Section 45C.
C A candidate to be admitted to membership in any Local Union
of the United Brotherhood must not be less than seventeen (17).
D A candidate must be ofgood moral character and competent to
command standard wages. Candidates shall not be denied the right
to membership because of their particular sex, race, color, creed or
national origin.
E A candidate for membership cannot join any Local Union other
than the one in the district in which the candidate is employed unless
permission is granted by the Local Union or District, Regional, or
Industrial Council where employed.
F A men1ber who has been expelled from any Local Union or by
a District, Regional or Industrial Council ofthe United Brotherhood
shall not be eligible for membership in any other Local Union with
out consent of the Local Union or District, Regional or Industrial
Council, and only then by a m ~ o r i t y vote of the members present
at a meeting of the Local Union or District, Regional or Industrial
Council from which the member was expelled.
G Any member incapacitated by age or accident may be permit
ted to obtain employment at less than the regular scale of wages
with the consent ofthe union by obtaining a Privilege Card from the
District, Industrial, or Regional Councilor the Local Union where
no such Council exists.
H Members who contract work or become supervisors must com
ply with the Constitution and Laws of the United Brotherhood.
46
I No member ofthe United Brotherhood can remain in or beconle
a member of more than one Local Union, or any other organization
of carpenters and joiners, or any mixed union of building trades
workers, or any organization whose jurisdictional claims overlap
or infringe upon those ofthe United Brotherhood, under penalty of
expulsion. Any member who accepts employment under nonunion
conditions during the time of a strike or lockout, or being employed
as an armed guard during a strike or lockout, shall not be entitled to
any donations. If a nlember is accused ofholding membership con
trary to this Section, the Executive Committee of the Local Union
or District, Industrial or Regional Council shall give the member
due notice of the charge, shall afford the accused a hearing and a
full opportunity to present a defense. If after hearing the Executive
Committee finds that the member holds membership contrary to
this Section, the member shall be permitted thirty days in which
to resign or withdraw from any conflicting membership and to so
notify the Executive Committee. Ifthe member fails to do so, his or
her membership shall be revoked.
J No member of a Local Union shall be eligible to vote for Offi
cers or Delegates unless such member has been at least 12 consecu
tive months a member ofthe Local Union and is in good standing in
the Local Union at the time ofvoting, except where the Local Union
has not been in existence the time here required. Retired members
not working at or depending on the trade for a livelihood shall not
be entitled to vote on trade movements affecting wages or working
conditions or on ratifications of contracts. For purposes of deter
mining eligibility to vote, the UBC membership processing system
shall be used, along with other relevant information. The method
of contract ratification, which may include a vote of the member
ship, shall be decided by the Regional, Industrial or District Council
where such a Council exists or by the Local Union if such Local
Union is not affiliated with a Regional, Industrial, or District Coun
cil and is not mandated by the Constitution and Laws.
47
APPRENTICESHIP
A Section 43. The United Brotherhood may establish Standards
for apprenticeship and training programs, including skill upgrading,
covering trades and industries within the United Brotherhood's juris
diction. Where such Standards have been established, it shall be the
responsibility of District Councils or Regional Councils, or ofLocal
Unions where no District or Regional Council exists, to develop and
implement programs complying with the Standards and approved
by the United Brotherhood. A graduate of an approved apprentice
ship program shall be recognized within the United Brotherhood as
a journeyman at his or her trade.
D Individuals participating in approved apprenticeship and skill
training programs may be admitted to membership in 'the United
Brotherhood prior to attaining journeyman certification, at the fol
lowing reduced initiation fees: the initiation fee before attaining
second year apprenticeship status shall be 20 per cent of"the journey
man fee; when admitted as a second year apprentice, 40 per cent
of the journeyman fee; when admitted as a third year apprentice,
60 per cent of the journeyman fee; and when admitted as a fourth
year apprentice, 80 per cent of the journeyman fee. Participants in
apprenticeship and training programs shall be subject to the lawful
agreements, conditions and procedures required by the Councilor
Local maintaining the program. Participants in approved appren
ticeship and skill training programs who are merrlbers of the United
Brotherhood shall comply with all lawful agreements, conditions,
rules, and procedures of an apprenticeship program maintained by
a Councilor Local. Any member who violates this rule may be sub
ject to a fine, suspension or expulsion after due notice of the charge,
opportunity to defend, and hearing.
Each Regional and District Council, and each Local Union that
is not affiliated with a Regional or District Council, shall contrib
ute 10 cents ($.10) per hour worked to the Carpenters International
Training Fund ("Training Fund") for each employee working in con
struction under a collective bargaining agreement of the District or
48
C
Regional Council or Local Union that does not provide for contribu
tions to the Training Fund. In the event that a collective bargaining
agreement of a Regional or District Councilor Local Union that is
not affiliated with a District or Regional Council provides for contri
butions to the Training Fund and the required contribution for each
employee working under the agreement in construction is less than
10 cents ($.10) per hour worked, the Regional or District Council or
Local Union shall contribute to the Training Fund an amount equal
to the difference between 10 cents ($.10) and the amount of the per
hour contribution provided for in the collective bargaining agreement
for each hour worked under the agreement by an employee working
in construction. Payments made to the Training Fund pursuant to
this provision shall be due by no later than the first day of the third
month following the month in which the work was performed. Con
tributions to the Training Fund pursuant to this provision shall be a
standing appropriation and shall not require the vote of the Local
or Council. The General Executive Board is authorized to reduce
the amount of contributions payable by any Local Union or Council
pursuant to this section in the event that the Board determines, in its
sole discretion, that a reduction is warranted. This provision shall be
effective as ofJuly 1, 2011.
ADMISSION OF MEMBERS
A Section 44. The General President shall authorize the use of a
Membership Application form containing the Obligation. Where an
applicant signs such an application, and makes a payment, thereby
becoming bound by the Obligation, action of the investigating
committee or approval of the membership shall not be required for
admission to membership. A candidate qualified and who desires
to become a member of any local union of the United Brotherhood
must fill out and sign the regular application. The Financial Secretary
shall forward completed membership applications to the General
Secretary-Treasurer and shall enter the names and addresses of all
applicants and new members into the UBC membership processing
system.
49
B The application ofthe candidate must be presented to the Finan
cial Secretary, with the full initiation fee, which (except for appren
tices) shall be not less than Forty Dollars ($40.00) for individuals
who work in construction and not less than Twenty-Five Dollars
($25.00) for individuals who do not work in construction, and a sum
equal to the current month's dues. An applicant may be permitted to
pay the initiation fee in installments over a period not to exceed 90
days. In such cases the applicant shall deposit dues for each month
commencing with the month of application. When the applicant is
accepted into membership his or her membership shall date from
the day of application. If an applicant fails to complete payment of
the initiation fee within 90 days (or such period not to exceed an
additional period of 60 days which may be granted by the Local
Union for good cause), the applicant shall forfeit all amounts paid
for dues or initiation fees and can only join by filing a new applica
tion to be processed in accordance with this Section. The initiation
fee and dues paid shall be retained by the Local Union or District or
Regional Council, except for per capita to the United Brotherhood
for all months for which dues were deposited whether or not the
applicant becomes a member. Applicants for membership permitted
to pay the initiation fee in installments shall not be eligible to trans
fer until six (6) months after completing all installnlent payments.
While an applicant he or she shall not be eligible to transfer.
C The new merrlber shall be supplied with a Dues Book, or the
equivalent, and a copy of the Constitution and Laws of the United
Brotherhood and Bylaws and Working Rules of the District. Local
Unions using check-off's are not required to issue dues books., except
when a transfer is granted under Section 46, or as otherwise needed.
D Each member will be entitled to all the rights and privileges ofthis
Brotherhood as prescribed in the Constitution and Laws ofthe United
Brotherhood by strictly adhering to the Obligation as prescribed.
OBLIGATION
I do, of my own free will and accord, solemnly and sincere(v
promise-on -my sacred honor-that I will never reveal-by word
50
or deed-any of the business of this United Brotherhood-unless
legally authorized to do so. 1 promise to abide by the Constitution
and Laws-and the will ofthe majority-observe the By Laws and
Trade Rules-established by Local Unions andCouncils-affiliated
with the United Brotherhood-and that 1 will use every honorable
means-to procure employment for brother and sister members.
1 agree that 1 will ask for the Union Label-and purchase union
made goods-andemploy only union labor-when same can be had.
And I further agree that-if at any time it should be discovered
that I have made any misstatements-as to my qualifications for
membership-I shall be forever debarred from membership-and
donations in this order. I pledge myselfto be obedient to author
ity-orderly in the meetings-respectful in words and actions-and
charitable in judgement ofmy brother and sister members. To all
ofthis I promise andpledge---my most sacred word and honor-to
observe and keep-and the same to bind me-as long as I remain
a member ofthis Brotherhood. And I further affirm and declare
that I al1l not now affiliated with-and never will join or give aid
comfort-or support to any organization that tries to disrupt any
Local Union-District Council-Regional Council-State or Pro
vincial Council or the International Body-ofthe United Brother
hood ofCarpenters andJoiners ofAmerica.
E Members in good standing may visit any Local Union.
F Each member is required to keep the Recording Secretary and
Financial Secretary properly notified of correct place of residence
and any change of same, and shall be assessed administrative costs
of One Dollar ($1.00) ifthis information is not kept current.
G A member can remain a contractor or enter into the business of
contracting, provided the member becomes signatory to and com
plies with the United Brotherhood collective bargaining agreement
covering his work, obeys trade rules and complies with the Constitu
tion and Laws of the United Brotherhood. Any violation of this rule
shall be punished after due trial by a fine or expUlsion. A contracting
member shall not be eligible as an officer, business representative,
51
I
or delegate of a Local Union or eligible to vote for officers, business
representative(s), and delegates and shall not be eligible to vote on
the wage question.
H An ex-member desiring to rejoin the United Brotherhood may
be readmitted only as a new member, subject to such readmission fee
as provided for in the Bylaws of the Local Union or Council where
application for membership is made. The Local Union or Council
readmitting the ex -member shall ascertain the reason he or she was
dropped from membership and if dropped for nonpayment of dues,
shall collect an additional sum of Fifty Dollars ($50.00). Also if
said ex-member owed any fines or assessments at the time of being
dropped from membership in the Brotherhood, the Local Union or
Council readmitting such ex-member shall collect the amount of the
indebtedness and forward it to the Local Union or to the Council to
which it is due. If an ex-member does not pay any such indebtedness,
the ex-member may not be accepted for readmission unless dispensa
tion is granted by the General President. An ex-member desiring to
rejoin a Local Union in the same subdivision ofthe trade in which he
previously held membership shall not be required to take an examina
tion with respect to his qualifications in that subdivision ofthe trade.
I The General Executive Board shall have the power to set the
maximum initiation fee for all Local Unions and District Councils.
Special dispensation to lower the initiation fee may be granted by
the General President for organizing purposes by written request for
periods up to twelve months and same may be renewed.
FINANCES AND DUES
A Section 45. The minimum dues in all Local Unions shall be
established in an amount not less than Fifteen Dollars and Eighty
Cents ($15.80) per month for Schedule 1 Local Unions and Thir
teen Dollars and Ninety Cents ($13.90) per month for Schedule 2
Local Unions, to be paid by all members. The minimum dues shall
be increased by the amount by which the per capita tax provided in
Section 45D, E or F is increased by action of any Convention of the
52
United Brotherhood, as of the effective date of any such increase in
per capita tax. Whenever, in the judgment of the General President,
the dues established by any Local Union or per capita tax by a Dis
trict Council appear inadequate to enable the Local Union or District
Council to function properly and in accordance with the Constitution
and Laws of the United Brotherhood, the General President shall
have the authority to make a survey of the finances of such Local
Union or District Council. Upon completion of the survey the Gen
eral President shall submit a report to the General Executive Board.
The General Executive Board is authorized and empowered upon
the basis of the survey to establish the proper amount of such dues.
The General Executive Board is also authorized and empowered to
establish a nlinimum fee to be paid by each member for a working
card. The amount ofmonthly dues payable by each member to his or
her Local Union shall be increased by the amount by which the per
capita tax provided in Section 45D, E or F is increased by action of
any Convention of the United Brotherhood, as of the effective date
of any such increase in per capita tax. When a Local Union raises its
dues, initiation fee or levies an assessment, a secret ballot vote shall
be taken at a special or called meeting. All members shall be notified
by mail oftime, place, and purpose ofthe vote. All members in good
standing shall be eligible to vote. All assessments must be approved
by the General President.
B Monthly dues are due on the first day of each month, but a
member does not fall in arrears until the last day of the month in
which the member owes three months' dues. No officer or mem
ber shall be exempt from paying dues or assessments, nor shall the
same be remitted or canceled in any manner. Credit for payment of
any month's dues will not be granted based on partial payments but
only on full payment ofthat month's dues. All non-checkoffmonthly
dues shall be considered paid on the date that payment is received at
the Local Union.
e Any Local Union, District Councilor Regional Council may
establish working dues, dues checkoff, supplemental work dues or
53
work fees payable to the Local Union or Council by members work
ing in its jurisdiction. If a member who owes such dues or fees fails
to pay them as provided by the Local Union, District Council, or
Regional Council, such dues or fees shall be charged to the member
by the Financial Secretary by notice in writing that same must be
paid within 30 days to entitle the member to any privilege, rights or
donations. If the member does not make payment of arrears within
the time prescribed, the member shall not be in good standing and
he or she shall be notified in writing by the Financial Secretary that
unless the amount owing is paid within thirty (30) days thereafter his
or her name shall be stricken from membership. Notices shall be sent
to the last known address of the member as reported by the member
to the Local Union. In cases of such assessments, working dues or
fees owed to a District or Regional Council, notice to the member
by the District or Regional Council shall satisfy the requirements of
this Section. No officer or Business Representative, and no mem
ber receiving benefits of a collective bargaining agreement, shall be
exempted from paying dues or fees established pursuant to this Sec
tion, nor shall the same be remitted or canceled in any manner.
D Each Local Union shall pay to the General Secretary-Treasurer
Forty Dollars ($40.00) on each new member admitted (except first
year apprentices) who works in construction, and except as provided
in Section 50, Eleven Dollars ($11.00) per month for each mernber
in good standing working in construction and each non-member
working in construction for whom an agency shop or similar fee is
received. All such revenue shall be used for the general management
ofthe United Brotherhood.
E Each Local Union shall pay to the General Secretary-Treasurer
Twenty-Five Dollars ($25.00) on each new member admitted who does
not work in construction, and except as provided in Section 50, Seven
Dollars ($7.00) per month for each member in good standing not work
ing in construction and each non-member not working in construction
for whom an agency shop or similar fee is received. All such revenue
shall be used for the general management ofthe United Brotherhood.
54
F Local Unions whose members were classified as Benefit
Schedule 1 members as of December 31, 1993 shall be subject to
the per capita rates set forth in Section 45D on January 1, 1994 and
thereafter. Local Unions whose members were classified as Benefit
Schedule 2 members as of December 31, 1993 shall be subject to
the per capita rates set forth in Section 45E on January 1 ~ 1994 and
thereafter. Local Unions having members who, prior to January 1,
1994, received the United Brotherhood disability donation or joined
at age 60 or older, shall pay Six Dollars and Ten Cents ($6.10) per
month effective January 1, 1996, for each such member to be used in
the general management of the United Brotherhood, and each such
member who received a disability donation prior to January 1, 1994
shall pay the minimum dues set forth in Section 45A, unless eli
gible for reduced dues under Section 50. No exception shall be made
except upon written approval of the General President.
G The per capita tax shall be held as a standing appropriation. An
order for the same shall be signed by the President and Recording
Secretary without requiring a vote of the Local Union. Per capita
tax includes the amounts prescribed under Sections 45D, 45E, 45F
and 50 for all members, applicants on applicant billing, persons for
whom an agency shop or similar fee is received, and members on
reduced dues as provided in Section 50. United Brotherhood of Car
penters and Joiners ofAmerica Pension Plan contributions required
under Section 59 shall also be a standing appropriation.
H The term "general management of the United Brotherhood" as
used in Sections 45D, 45E, 45F and 50 shall include the establishment
and maintenance of a Defense Fund. The General Executive Board is
authorized to establish and maintain such a Defense Fund, to allocate
a portion of the assets of the United Brotherhood to establish such
a Fund and to allocate a portion of the per capita tax of the United
Brotherhood to the maintenance ofsuch a Defense Fund. The alloca
tion of the per capita tax to the Defense Fund may be increased or
decreased from time to time as determined by the General Executive
Board. The Defense Fund shall be established and maintained for the
55
purpose of enabling the United Brotherhood to combat the forces
at work throughout our jurisdiction which seek to destroy or limit
the United Brotherhood and its subordinate bodies in achieving our
legal aims of protecting the rights of its members and prospective
members and in carrying out the objects and principles of the orga
nization.
I A member who owes three months' dues shall be automatically
reported as in arrears on theUBC membership processing system
on the last day of the third month and per capita tax deducted only
for the third month. When the member pays dues to keep within the
six months' limit, but does not square the current month, starting
with the third month of his or her arrearages or any month thereaf
ter, arrears tax will be charged for the dues paid for that month or
months. When the member squares his or her arrearage by paying
all back dues and the current month's dues, per capita tax for the
unpaid months will be charged.
J It is the duty of the members of a Local Union to see that the
per capita tax ofthe Local Union is promptly paid. Therefore, when
a Local Union is three months in arrears to the United Brotherhood
or to a District Council in payment of per capita tax, the General
President may suspend payment of all donations to the Local Union
or its members, and such Local Union shall not be entitled to repre
sentation in a District, State or Provincial Councilor other chartered
body ofthe United Brotherhood. When a Local Union is six months
in arrears to the United Brotherhood or to a District, Industrial, or
Regional Council in payment of per capita tax, its charter may be
revoked by the General President. The Local Union shall be so noti
fied and shall, upon notice by the General President, cease to exist
and shall return its charter to the General Secretary-Treasurer, and
the Local Union and its members shall comply with the provisions
of Section 30. The General President may grant dispensation for
the Local Union to continue to operate provided it agrees to and
complies with arrangements established by the United Brotherhood
for payment of arrearages.
56
K A member who owes the Local Union two months' dues shall be
notified by mail, in anAddress Correction Requested envelope, at last
known address by the Financial Secretary, not later than the fifteenth
(15
th
) day of the second month that such dues are late and that pay
ment should be made immediately. A member who owes the Local
Union three months' dues shall be notified by maiL, in Address Cor
rection Requested envelopes, at last known address by the Financial
Secretary, not later than the fifteenth (15
th
) day of the third month of
said delinquency, that ifsaid arrearages are not paid before the last day
of the third month that the menlber will no longer be in good stand
ing, will not be entitled to vote on union matters, will not be entitled
to the Password, or a seat, or office in any meetings of any Local
Union or Council, and will be suspended from benefits of funeral
donation, until the member squares up entirely all ofthe indebtedness
(including dues for the month in which the member squares up the
arrearages). Such member shall further be notified that he or she will
not be entitled to any donations during the time of such arrearages or
for a three-month period from the date of squaring all arrearages.
L A member who owes three months' dues or who has not squared
his or her arrearage in full shall not be entitled to a seat, or office in
any meetings of a Local Union or Council and is not in good stand
ing and is not entitled to vote.
M A member who owes a Local Union five months' dues shall be
notified by mail, in Address Correction Requested envelopes, at the
last known address by the Financial Secretary not later than the 15th
day ofthe sixth month of said arrearage. Unless dues are paid by the
end of the sixth month, the merrlber's name shall be stricken from
the list ofmembership without a vote ofthe Local Union.
N Local Unions may impose an assessment not to exceed Five
Dollars ($5.00) for each notice mailed pursuant to the requirements
of Paragraphs K and M, above, to be paid by the member to whom
such notice is sent.
o All fines imposed and assessments legally levied including
strike assessments, and working dues, dues checkoff, supplemental
57
work dues or work fees duly established under Section 45C, shall be
charged by the Financial Secretary to the member from whom due,
and the member shall be notified in writing that same must be paid
within thirty (30) days to entitle the member to any privilege, rights
or donations. If the member does not make payment within the time
prescribed, the member shall not be in good standing and he or she
shall be notified in writing by the Financial Secretary that unless the
amount owing is paid within thirty (30) days thereafter his or her name
shall be stricken from membership, except in case of a fine where an
appeal is pending. Notices shall be sent to the last known address of
the member as reported by the member to the Local Union. In cases of
fines, assessments or such dues or fees owed to a District, Industrial or
Regional Council, notice to the member by the District, Industrial or
Regional Council shall satisfY the requirements ofthis Section.
p It shall be the duty ofa metuber's home Local Union to promptly
charge and collect, in accordance with the provisions of Sections
45C and 450, all fines imposed and assessments legally levied, and
all dues and fees imposed under Section 45C, against such member
by any other Local Union, District Council, Industrial Council, or
Regional Council, upon written request of such other Local Union
or Council, and to forward same to the Local Union or Council to
which the amount is owed. Ifa Local Union fails to comply with this
duty the General President may suspend payment of all donations to
the Local Union or its members.
Q A member who owes a fine or assessment may continue to pay
dues unless and until stricken from membership under Section 450.
R Effective July L, 2011, all District and Regional Councils and
Local Unions that are not affiliated with a Council shall pay a per
capita tax to the General Secretary-Treasurer equal to Five Cents
($.05) for each hour worked by members ofthe United Brotherhood
in construction under a collective bargaining agreement within the
jurisdiction of the Council or unaffiliated Local, as applicable, per
month. Such per capita tax shall be paid to the General Secretary
Treasurer for each month beginning with July of 2011 by the first
day of the third month following the month in which the work was
58
performed. This per capita tax shall be held as a standing appropria
tion and shall not require a vote ofthe Council or the membership of
an unaffiliated Local Union. This per capita tax shall be in addition
to any per capita tax owed by a Local Union that is not affiliated with
a Council pursuant to Sections 4S-D, 4S-E, 4S-F or SO.
TRANSFERS
A Section 46. A member who desires to transfer from one Local
Union to another Local Union must surrender his or her working
card to the Financial Secretary, who shall clear the member for trans
fer on the UBC membership processing system if such member is
eligible for transfer. Any Local Union or Council may make applica
tion for a transfer on behalf of a member at the member's request.
To be qualified to be cleared for transfer, a member must have been
a member of the United Brotherhood of Carpenters and Joiners of
America for at least six (6) months, be in good standing, and have
paid all monthly dues owed, including the current dues for the
month in which the clearance is to be issued. It shall be compulsory,
except in case of strike or lockout, for the Local Union to clear such
member for transfer, providing the nlember has no charges pend
ing and pays all arrearages, together with current month's dues. All
dues in excess ofmonth of issue shall be refunded to the member or
be refunded upon request to the Local Union accepting transfer. A
menlber against whom charges are pending and who desires to trans
fer may be required to deposit a sum not to exceed One Hundred
Dollars ($100.00) in escrow with the District or Regional Council
or Local Union where no District or Regional Council exists. Clear
ances for transfer shall expire thirty (30) days from date of issue. It
shall be optional with the Local Union or Council to clear a member
for transfer in a jurisdiction where a strike or lockout is in effect. A
member may leave such jurisdiction without a clearance for trans
fer to seek work in another jurisdiction where no strike or lockout
exists, provided the member presents a statement over the seal of
the Local Union or Council in which membership is held, showing
that a strike or lockout is in effect in said jurisdiction. A District or
Regional Council may by a Bylaw properly adopted and approved
59
restrict the use of transfers among Local Unions within the District
or Regional Council area.
B It is compulsory for the member to report to the office of the
Local Union or District or Regional Council, to request a transfer
into the Local Union before securing work, and comply with all local
laws. And, in no case shall the Financial Secretary accept dues other
than to secure a transfer from a member working in the jurisdiction
of any other Local Union or Council without the consent of such
Local Union or Council. It shall be the duty of the Financial Secre
tary accepting dues from a member for transfer who is working in
another jurisdiction to immediately report same to the Councilor
Local Union where no Council exists.
C A member who desires to work in another jurisdiction and who
does not wish to transfer membership, shall before going to work
notify the Local Union, District Council, or Regional Council in the
jurisdiction where work is secured. The metnber shall be subject to
any working dues or other charges established in the area pursuant to
Section 45C or 55B. The member shall not be required to pay build
ing or other assessments payable by members of the Local Union!
District or Regional Council in the jurisdiction in which the work
is secured, unless the General President approves of the application
of such assessment to members from other areas who are working
within the jurisdiction ofthe Local Union or Council. Such member
will be required to notify the Local Union or Council upon his or
her departure from their jurisdiction. The General Executive Board
may establish procedures to govern Working Permits with respect
to specially trained workers employed by specialty or specialized
contractors who hold agreements with United Brotherhood. Subject
to the approval of the General Executive Board, where the General
President finds it to be in the best interest ofthe members, locally or
at large, the General President may establish such policies or proce
dures with respect to Working Permits as the General President may
find to be appropriate.
D No Local Union shall have the right to collect dues again for the
month paid on a member in transfer status. The Local Union clearing
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the member for transfer shall pay to the General Secretary-Treasurer
the tax for said member for the month only in which the clearance
for transfer is issued, and membership will remain in the Local
Union clearing the member for transfer until the member transfers
into another Local Union. When a Local Union transfers a member
into its Local Union, the member shall be considered, for per capita
tax purposes, a member of the Local Union effective the first day of
the month following the month in which the transfer was issued.
E Any General Officer, while employed by the United Brother
hood, shall not be required to take a transfer from the Local Union in
which the General Officer holds membership at the time of election
or appointment.
F On entering a Local Union a member who has been cleared
for transfer shall present his or her Dues Book or its equivalent to
the Local Union office. If the clearance for transfer on the UBC
membership processing system and Dues Book are in order, and the
identity of the member established, the nlenlber shall be admitted
to the Local Union as a member thereof, provided there is no strike
or lockout in effect in that district, and the membership shall be so
notified at the next regular meeting.
G The Local Union clearing the member for transfer shall refund
to the merrlber all dues in excess of the current month. The Finan
cial Secretary who transfers the member into the Local Union shall
immediately report the same to the Financial Secretary who cleared
the member for transfer.
RESIGNATION OF MEMBERS
A Section 47. A member can withdraw or sever connection with
the United Brotherhood by submitting a clear and unequivocal res
ignation in writing to the Local Union. A member who resigns can
only be readmitted as a new member.
B A member in good standing who resigns with current dues paid
may be given an Honorary Resignation Card indicating honorary
withdrawal from the United Brotherhood if the member truthfully
61
I
affinns in writing that he or she is leaving the industry unless it is
known that the resignation has been submitted for the purpose of
violating Trade Rules. Such card shall be furnished by the General
Secretary-Treasurer on application by the Local Union. Within 24
months of honorary withdrawal, an ex-member who in fact left the
industry may be readnlitted to membership without payment of any
initiation fee. If such member pays all back dues for the period of
withdrawal, he or she will maintain the previous initiation date and
as per Section 45K will regain donation status three months after the
date of readmission but time during which the nlember is on with
drawal shall not be counted as time in good standing for the purpose
of computing donations. If the member chooses not to pay all back
dues but commences paying dues as of the current month, he or she
will be given a new initiation date as of the date of readmission and
shall be treated as a new member. In either event, voting rights in
accordance with Section 42J will be reestablished upon completion
of 12 months' consecutive membership in the Local Union follow
ing readmission, and such member cannot be nominated for or hold
office under the tenus of Section 31 until 24 consecutive months
after readmission. The foregoing readmission privilege may not be
used more than once in a 3-year period. When a member resigns,
or is expelled, or an applicant as covered by the Constitution and
Laws of the United Brotherhood, who works to the detriment of the
United Brotherhood, the Local Union, District Council, or Regional
Council may place a special initiation fee against such person, not to
exceed Fifty Dollars ($50.00) over their regular initiation fee for new
or ex-members as provided for in their Bylaws.
CONDITIONAL WITHDRAWALS
C A member employed under an industrial agreement (non
construction member) at time of layoff (involuntary cessation of
employment) whose dues are paid up for the current month may
request conditional withdrawal. If within 24 months the member
reapplies, the member can reactivate his or her membership in the
Local Union in which conditional withdrawal was granted without
62
payment of initiation fee. If at the time the member so reactivates
membership the member pays all back dues, he or she will maintain
the previous initiation date and as per Section 45K will regain dona
tion status three months after the date ofreactivation of membership
at the Local Union level but time during which the member is on
conditional withdrawal will not be counted as time in good stand
ing for the purpose of computing donations. If the member chooses
not to pay all his or her back dues but commences paying dues as
of the current month, he or she will be given a new initiation date
as of the date of readmission and shall be treated as a new member.
When any member on conditional withdrawal reactivates his or her
membership, voting rights will be reestablished immediately after
reactivating membership but such members cannot hold office or be
nominated for office until 24 consecutive months after reactivation
ofmembership at the Local Union level and must satisfY the require
ments of Section 31.
MEMBERS ENTITLED TO FUNERAL DONATIONS
A Section 48. A funeral donation is payable for an eligible mem
ber, according to the Donation Schedules below. An eligible member
is a person admitted to membership in the United Brotherhood before
January t, 1994, who was not over sixty (60) years of age at the time
of admission, who dies while in good standing and at least three
months after fully squaring any arrearages in monthly dues, and who
has at least thirty (30) years' continuous membership under Schedule
1 or 2 at the time ofdeath. Members admitted before January 1, 1994
shall retain the Schedule classification they had as of December 31,
1993 subject to the provisions of Section 251, provided that members
who work in construction shall not be eligible for Schedule 2 status.
Donation Schedule 1: An eligible member with thirty (30) years'
continuous membership and Schedule 1 status at the time of death,
qualifies for a $1,000 funeral donation.
Donation Schedule 2: An eligible member with thirty (30) years'
continuous membership and Schedule 2 status at the time of death,
qualifies for a $300 funeral donation.
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II
B The purpose of the funeral donation is to see that the deceased
member is respectably interred; therefore, on the death of a member
in good standing as defined in Section 45, the donation shall be paid in
the following order ofpriority: (1) To any person (including the estate
of the deceased member) presenting satisfactory proof that he or she
has paid the funeral bill, in an amount not to exceed the full donation
or the amount ofthe bill, whichever is the lesser; (2) ifno satisfactory
proof, as called for in (1), is received within sixty (60) days after
the member's death, or if there is a remainder after payment is made
under (1), the full donation, or the remainder, may be paid to (a) the
surviving spouse, if any; (b) ifthere is no surviving spouse, to one or
more of the surviving children, if any, in amounts to be determined
in the sole discretion of the General Secretary-Treasurer; (c) if there
are no surviving spouse or children to the estate of the deceased. If
it appears to the satisfaction of the General Secretary-Treasurer that
there are insufficient assets of the deceased to warrant opening of an
estate, payment may be made in the sole discretion of the General
Secretary-Treasurer, to the person who has accepted responsibility to
see that the deceased is respectably interred.
C All revenues of the United Brotherhood, including those pro
vided for payment of Donations under the Constitution, are part of
the United Brotherhood's assets for the general management of the
union and may be subject to the claims of general creditors of the
United Brotherhood. If claims of general creditors of the United
Brotherhood or other circumstances should require use of such rev
enues, it could be necessary to reduce or terminate Donation pay
ments provided for under the Constitution.
APPLICATION FOR DONATIONS
A Section 49. The person applying for donation shall present to
the Local Union concerned a certificate of death, and, if approved
by the Local Union, the same shall be forwarded by the Financial
Secretary to the General Secretary -Treasurer, with the United Broth
erhood's donation application form properly completed and with all
other papers required.
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B All applications for donations with respect to members whose
death occurs prior to January 1,2006 must be filed with the General
Secretary-Treasurer within six months from the date ofdeath, failure
to do so shall invalidate the claim. All applications for donations
with respect to members whose death occurs on or after January
1, 2006 must be filed with the General Secretary-Treasurer within
twelve months from the date of death, failure to do so shall invali
date the claim. If a claim is disapproved by the General Secretary
Treasurer, the party or parties shall have the right to appeal to the
General Executive Board any time within three months from the
date of disapproval.
C Upon receipt of a claim, the General Secretary-Treasurer shall
investigate the same and, if approved, shall at once forward to the
Financial Secretary a bank check or draft for the amount ofthe dona
tion due and payable to the person entitled to receive it.
D Any officer, member or Local Union making use of improper
means to obtain donations, or who shall make false statements or know
ingly presents or signs any claim ofa fraudulent character for donations,
upon proof thereof when properly charged and if found guilty, may be
fined, suspended or expelled from the United Brotherhood.
REDlJCED DlJES
A Section 50. Dues for members who are no longer working at the
trade, who are age 65 or older, and who have not less than 30 years' con
tinuous membership, shall be Six Dollars ($6.00) per month. The Local
Union shall pay to the General Secretary-Treasurer Four Dollars ($4.00)
per month per capita tax for each such member. All such revenue shall
be used for the general management ofthe United Brotherhood.
B Dues for members who are no longer working at the trade and
who are totally disabled shall be Six Dollars ($6.00) per month.
The Local Union shall pay to the General Secretary-Treasurer Four
Dollars ($4.00) per month per capita tax for each such member. All
such revenue shall be used for the general management ofthe United
Brotherhood. For purposes ofthis section, a member shall be consid
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ered totally disabled ifdrawing a Social Security Disability pension,
or a Canada Pension Plan or Quebec Pension Plan Disability Pen
sion in Canada.
OFFENSES AND PENALTIES
A Section 51. Any officer or member found guilty after being
charged and tried in accordance with Section 52, for any of the fol
lowing offenses, may be reprimanded, fined, suspended or expelled
only by a majority vote of the members of the Local Union present
at a regular meeting, or of the delegates to the District or Regional
Council having jurisdiction ofthe offense. No Industrial Local Union
or Industrial Council, however, may reprimand, fine, suspend, or
expel a member unless such member is an officer ofa Local Union or
Councilor was an officer of a Local Union or Council at the time of
the alleged offense. In cases ofIndustrial Councils, reprimands, fines
or suspensions of membership rights may be imposed by majority
vote of the Executive Committee. Expulsions may be ordered only
by majority vote of the delegates to the Industrial Council.
(1) Causing dissension among the members of the United
Brotherhood.
(2) Advocating division of the funds of the United Brotherhood or
any subordinate body thereof.
(3) Advocating separation ofany subordinate body from the United
Brotherhood.
(4) Misappropriating the funds of any subordinate body, or any
nloneys entrusted to him or her by a member or candidate for
the account of any subordinate body_
(5) Improper harassment ofany member ofthe United Brotherhood.
(6) Defrauding the United Brotherhood or any subordinate body.
(7) Furnishing to any unauthorized person, without the consent of
the Local Union, a list of the membership_
(8) Divulging to any unauthorized person, the business of any
subordinate body without its consent.
66

(9) Crossing or working behind a picket line duly autholized by
any subordinate body ofthe United Brotherhood.
(10) Failure to meet transfer procedures before going to work in a
locality where a strike or lockout is pending or in effect.
(11) Lumping for any owner, builder, contractor, manufacturer or
employer.
(12) Violating the Obligation.
(13) Soliciting or accepting contributions, by a candidate for any
elective office or position, from other than members of the
United Brotherhood.
B Any member charged with violating the Bylaws and Trade
Rules of the locality in which he or she is working nlay be charged
and tried in accordance with Section 52, and if found guilty may be
fined in an amount not in excess of Three Hundred Dollars ($300)
by the Local Union, District Council, Regional Council, or Industrial
Council having jurisdiction, except that no Industrial Local Union or
Industrial Council may conduct a trial with respect to charges filed
against a member or impose a fine against a member unless such
member is an officer of a Local Union or Council.
C No officer, representative or member ofthe United Brotherhood
or any Council or Local Union shall be subject to charges or trial
based on their actions in complying with or assisting or cooperating
in implementing any instructions, directions or rulings oftheUnited
Brotherhood or any General Officer.
D A nlerrlber against whom charges have been preferred, may
attend meetings until the charges have been disposed of. An offi
cer, business representative, delegate, or committee member may be
suspended from office by a majority vote ofthe members of a Local
Union at a regular meeting, or by a majority vote of delegates to a
District Council or Regional Council or members of the Executive
Committee ofan Industrial Council while the case is pending. Where
a Local Union is affiliated with a District or Regional Council, only
the District or Regional Council shall have the authority to vote such
67
a suspension. Where a Local Union is affiliated with an Industrial
Council only the Industrial Council Executive Committee shall have
the authority to vote such a suspension. An officer or Business Rep
resentative may be suspended without pay but if such an officer or
Business Representative is found not guilty of all charges, by a Trial
Committee or on appeal, he or she shall be entitled to recover all
back pay withheld from the Local Union, District or Regional Coun
cil, or Industrial Council.
CHARGES AND TRIALS
A Section 52. Any member charged with an offense under Section
51 or Bylaws or Trade Rules shall be given a fair and impartial trial,
and must exhaust all remedies allowed by Sections 52 and 53 before
taking the case to the civil courts.
B A member must be charged and tried within the jurisdiction of
the Local Union, District Council, Regional Council, or Industrial
Council where the offense was committed. Where a District Council,
Regional Council or Industrial Council exists, all charges shall be
filed in and tried by the District Council, Regional Council, or Indus
trial Council. Provided, however, that the General Executive Board
shall have jurisdiction to initiate and conduct trials pursuant to the
provisions ofSection 14D. Where a District Council, Regional Coun
cil or Industrial Council is under supervision, the General President
may authorize the filing and processing of charges in an affiliated
Local Union. Furthermore, no charges may be filed in or tried by
an Industrial Local Union or Industrial Council unless the member
charged is an officer of a Local Union or Councilor was an officer of
a Local Union or Council at the time ofthe alleged offense.
All charges must be in writing, must specify the particular Para
graph of Section 51 or the particular Bylaw or Trade Rule violated,
and must contain a brief statement ofthe facts upon which the charge
is based.
D When charges are filed in the Local Union, District Coun
cil,Regional Councilor Industrial Council, they shall be referred
68
C
promptly to the Executive Committee of the Local Union, District
Council, Regional Council or Industrial Council.
(I) The Executive Committee shall dismiss any charge alleging a
violation described in Section 51 A that is filed more than six
(6) months after the date the violation occurred or reasonably
should have been discovered; any charge alleging a Bylaw or
Trade Rule violation that is filed more than thirty (30) days
after the violation occurred or reasonably should have been
discovered; and any charge that the Committee determines
is without sufficient foundation or does not conform to the
provisions of Paragraphs B and C above.
(2) If the Executive Committee determines that charges conform
to the provisions of Paragraphs B and C above, the member
shall be notified in writing to appear before the Executive
Committee. The charges shall then be processed according to
one of the following alternatives:
(a) The Executive Committee may dismiss the charges for a
reason stated in Paragraph 1 above or because the accuser
fails to appear before the Executive Committee after being
notified in writing to appear before the Committee.
(b) The Executive Committee may refer the charges for trial to
the Local Union or District or Regional Council, or to the
Trial Committee of the Industrial Council.
(c) A Local Union, District CounciL, Regional Council, or
Industrial Council may adopt a procedure whereby an
accused may plead guilty to specific charges, agree to pay
a fine or to a reprimand acceptable to the accused and Local
Union or Council and waive trial and all appeals (other
than an appeal alleging violation ofthe waiver agreement).
The waiver agreement must recite the Sections allegedly
violated and the specifications for the charges.
E All charges referred to a Local Union, District Council, or
Regional Council must be read at a meeting, and the member must
69
be notified by registered or certified mail by the Recording Secretary
ofthe Local Union or Council to be present at such meeting, and at
the same time shall be furnished by the Recording Secretary with a
copy ofthe charges specified. Ifa standing Trial Committee has been
established, the notice shall list the names of the members of the
Trial Committee and advise the accused merrlber ofhis right to strike
from said list any three names which appear thereon, and the accuser
shall at the same time be furnished with that list and notified of his
right to strike three names. The notice shall be sent to the
last known address. In the case of an Industrial Council, the accused
shall be furnished by the Secretary of the Executive Conunittee with
a copy of the charges, sent to the member's last known address.,
together with a list ofthe names ofthe members ofthe standing Trial
Committee and the member shall be advised of his right to strike
from said list any three names which appear thereon. At the same
time the accuser shall also be furnished with a list of the names of
the members ofthe standing Trial Committee and notice ofhis right
to challenge three members thereof.
F A Trial Committee consisting of five members of the Local
Union or five delegates to the District or Regional Council shall be
selected as follows:
(1) The Local Union, District Council., or Regional Council
shall nominate eleven members or delegates. The Recording
Secretary ofthe Local Union or District Council shall place their
names in the ballot box and the Vice President shall draw the
same from the box and call the names aloud until five have been
drawn. The accused and the accuser shall have the alternative
of each challenging any three members ofthe Trial
the member so challenged shall not serve. When the five have
been selected, they shall constitute the Trial Committee and the
case shall be given to them for trial.
(2) In the alternative a LocallJnion, District or Regional
Council may appoint or elect a standing Trial Committee
consisting of eleven members. If the Local Union., District
Council, or Regional Council receives timely challenges in any
70
case, the names of the challenged members shall be stricken
from the list. After the time for challenges has expired, the
Local Union, District Council, or Regional Council President
shall appoint five members of the standing Trial Committee to
hear the case and the case shall be given to them for trial.
(3) The President of an Industrial Council shall appoint a standing
Trial Committee consisting of eleven members from among
the members of the Local Unions affiliated with the Industrial
Council. If the Secretary receives timely notice of challenges
in any case, the names of the members challenged shall be
stricken from the list. After the time for challenges has expired,
the Secretary shall appoint five members of the standing Trial
Committee to hear the case and the case shall be given to them
for trial.
G Any officer or member who is a party to or directly interested
in any case in a Local Union,District Council, Regional Council,
or Industrial Council, shall not be permitted to act as a member of
the Trial Committee. Members of the Local Union Executive Com
mittee (where charges are processed in a Local Union), or mem
bers of the District Council, Regional Council or Industrial Council
Executive Committee (where charges are processed in a District
Council, Regional Council or Industrial Council) shall not be per
mitted to act as members of the Trial Committee. Where sufficient
eligible delegates are not available to form a Trial Committee panel,
a District or Regional Council may draw upon members of affiliated
local unions.
H At the request of the Chairperson of the Trial Committee, the
Recording Secretary of the Local Union or the Secretary of a Dis
trict Council, Regional Council, or Industrial Council, shall, without
delay, summon the accused and accuser in writing, together with all
witnesses whose names have been submitted in writing, and the case
shall be tried on such date(s) as the Chair shall determine.
I The accused and the accuser may appear before the Trial Com
mittee in person and/or by counsel (who shall be a member of the
71
United Brotherhood), and shall be entitled to be present at all times
when the Trial Committee is receiving evidence. All testimony shall
be accurately recorded in writing. There shall be only one official
transcript of the proceedings as authorized by the Local Union,
District Council, Regional Council, or Industrial Council Executive
Committee and the Trial Committee Chairperson shall prohibit the
recording or other transcription of the proceedings other than by the
designated official reporter. Persons who are not members may be
called as witnesses by either side. No member shall be suspended,
expelled or fined in an amount in excess of Two Hundred and Fifty
Dollars ($250.00) unless the proceedings of the Trial Committee
shall have been properly recorded by a competent stenographer who
need not be a member. If the accused fails to appear, the Trial Com
mittee shall proceed with the trial as though the accused were pres
ent. In the event that the accuser fails to appear, costs of the trial not
exceeding Fifty Dollars ($50.00) may be charged against the accuser
and the charges shall be dismissed by the Chairperson of the Trial
Committee forthwith.
J The following trial procedure shall be observed:
(1) The Chairperson shall read the charges and ask the accused if
he or she is "guilty" or '-not guilty." If the plea is "guilty" the
Trial Con1mittee shall so fmd and shall report its verdict to the
Local Union, District Council, Regional Council, or Industrial
Council Executive Committee without further proceedings. If
the plea is '-not guilty" the trial shall then proceed.
(2) The accuser's case shall be presented first.
(3) Witnesses shall be called into the trial room one at a time, and
will leave upon completing their testinl0ny, subject to recall by
either the Trial Committee or any of the parties.
(4) The accuser's witnesses shall be called first.
(5) Each party or his or her counsel shall have the right to cross
examine witnesses presented by the other party.
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(6) Before the Trial Committee shall begin their deliberations, all
other persons shall leave the trial room.
K When the committee has come to a decision in the case, the
Chairperson of said committee shall so notifY the Local Union,
District Council, Regional Council, or Industrial Council Executive
Committee. The committee shall submit a full report ofthe case with
their verdict in writing to the Local Union, District Council, Regional
Council or Industrial Council. The Local Union, District Council,
Regional Council or Industrial Council Executive Committee shall
notifY the accused of the meeting at which the committee's report
will be presented, and that if the finding is guilty that any penalty to
be imposed will be considered at that meeting. The notice shall be
mailed to the accused and accuser at their last known addresses not
less than ten (10) days before the meeting at which the committee
will report.
L If the finding is guilty, the Trial Committee shall recommend
in its report such legal penalty as it deems proper, which then must
be approved by a majority of the members present. There shall be
no debate or review of the case by the Local Union, District Coun
cil, Regional Council, or Industrial Council Executive Committee,
except that the accused and the accuser shall be allowed to plead for,
or state their side. The Chair shall announce the penalty. The accused
member and the Local Union to which the member belongs shall be
promptly notified of the verdict and the penalty.
M The penalty imposed upon a member may be set aside or
reduced by a majority vote of the nletnbers of the subordinate body
which inlposed it before an appeal is filed. After an appeal is filed
the penalty may be reduced or set aside only with the approval ofthe
General Executive Board.
APPEALS AND GRIEVANCES
A Section 53. A member who has been found guilty of a charged
violation under Section 52 may file an appeal with the General Sec
retary-Treasurer in accordance with the provisions of this Section.
73
~
No appeal shall be permitted from a verdict of a Trial Committee
finding a member not guilty of charges filed against him or her. All
appeals received in proper form shall be referred by the General
Secretary-Treasurer to an Appeals Committee for decision, subject
to a final appeal to the General Executive Board; provided however,
that cases involving expUlsions from membership may be appealed
to the General Convention.
B The Appeals Committee shall be appointed by the General
President and shall consist of five (5) members. The Chairperson
of the Appeals Committee shall be designated by the General
President and all members of the Appeals Committee shall serve
at the discretion of the General President. Three (3) members shall
constitute a quorum of the Appeals Committee and the Appeals
Committee may decide any case referred to it by a majority vote of
the members present and voting at any meeting at which a quorum
is present. Where the circumstances warrant, and subject to the
approval of the General President, the Chairperson of the Appeals
Committee may designate one or more n1enlbers of the Appeals
Committee to conduct a hearing or other investigation in any case
and report findings and recommendations to the next meeting ofthe
Appeals Committee. The decisions ofthe Appeals Committee shall
be reported by the Chairperson to the General Secretary-Treasurer
who shall notify the parties of said decisions.
C The penalty imposed by a Local Union, District Council,
Regional Council, or Industrial Council shall not be effective while
an appeal to the Appeals Committee is pending except as provided
herein. Except as provided in Sections 53C(1) and (2) below, penal
ties shall be stayed and shall not be enforced during the time pro
vided for filing an appeal under Section 53D.
(1) No appeal can be entertained by the Appeals Committee where
any sum ofmoney in excess ofFifty Dollars ($50.00) is involved
unless the appellant has first paid to the Local Union, District
Council, Regional Council, or Industrial Council Fifty Dollars
74
($50.00) on account, to be held until the appeal is decided by
the Appeals Committee, and if said appeal is decided against
the appellant, the full amount imposed must be paid before a
further appeal can be taken.
(2) In all cases where the fine is Fifty Dollars ($50.00) or less, the
member fined shall pay the full amount to the Local Union,
District Council, Regional Council, or Industrial Council
inlposing same.
(3) When a fine is imposed by the Local Union, District Council,
Regional Council, or Industrial Council and an appeal is taken,
any payment of said fme shall be held by the body assessing
same until said appeal is finally and completely decided.
D An appeal to the Appeals Committee shall be filed within sixty
(60) days from the date the penalty was imposed. (An appeal is
considered as filed on the date it is received at the General Office
of the United Brotherhood as provided in Section 53I.) A copy of
the appeal shall be mailed or delivered to the Local Union, District
Council, Regional Council, or Industrial Council imposing the pen
alty. Every appeal shall contain:
(1) A brief statement ofthe case and the grounds relied upon by the
appellant.
(2) The penalty, the date imposed and the Local Union, District
Council, Regional Council, or Industrial Council which
imposed it.
All appeals must be sworn to before a Notary Public. If a fine is
involved, the appeal must be accompanied by a receipt showing pay
ment of the amount required by Paragraph C above.
E When an appeal is filed, the Local Union, District Council,
Regional Council, or Industrial Council shall file an answer which
shall include the following:
(1) A copy of the charges.
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II
(2) A copy of the minutes and/or transcript of the Trial Committee
setting forth the evidence submitted at the trial.
(3) The report of the Trial Committee.
(4) The penalty placed against the appellant, the vote thereon, and
the date imposed.
(5) The Council's or Local Union's response to the appeal filed by
the accused.
(6) If the charges alleged violations of Bylaws or Trade a
copy of the applicable Bylaw or Trade Rule provisions.
The answer must be sworn to before a Notary Public and must be
filed with the General Secretary-Treasurer within thirty (30) days
after notice that 'the appeal has been accepted. A copy ofthe answer,
together with a complete record ofthe Trial Committee proceedings,
shall be served upon the appellant by the Local Union or Council
that approved ofthe penalty.
F If a Local Union, District Council, Regional Council, or Indus
trial Council fails to file an answer in accordance with the require
ments of Section 53E, the Appeals Committee shall nevertheless
have the power to decide the appeal on the evidence before it.
G Any member, or any Local Union, Regional, State or
Provincial Councilor Industrial Council having any grievance may
appeal to the General President within thirty (30) days from the date
the grievance occurred. All protests directed to the conduct ofnomi
nations or elections, or election procedures, in any subordinate body
may be appealed to the General President within thirty (30) days
from the date of the election. All grievances and election protests
shall be in writing and shall contain a brief statement ofthe grounds
relied upon. Decisions of the General President on protests directed
to the conduct of nominations or or election procedures"
shall be final. Decisions ofthe General President on grievances may
be appealed to the General Executive Board, whose decision shan
be final. Also, decisions of the General Executive Board in an cases
76
involving geographical jurisdiction, mergers, consolidations, and
formation of Councils shall be final.
H All appeals fron1 decisions of the General President or the
Appeals Committee to the General Executive Board must be filed
with the General Secretary-Treasurer within thirty (30) days from the
date of receipt of the General President's decision or notice of the
decision ofthe Appeals Committee. Also, any appeal from a decision
of the General Executive Board to the General Convention must be
filed with the General Secretary-Treasurer within thirty (30) days from
the date ofreceipt of the decision ofthe General Executive Board.
I An appeal, protest, grievance or answer shall be considered as
filed under this Section on the date it is received at the General Office
ofthe United Brotherhood; if received on a Monday or the day after
a holiday they shall be considered as filed on the last preceding day
on which the General Office was open for business.
J All members and all Local Unions and Councils are required to
exhaust the administrative remedies provided in this Section before
commencing proceedings in any court or any agency provided by law.
This provision shall not supersede or limit the right to petition law
enforcement authorities to remedy alleged violations of criminal law.
FlTNDS OF LOCAL lJNIONS
A Section 54. The General Funds or property of a Local Union
or Council shall be used only for such purposes as are specified in
the Constitution and Laws of the United Brotherhood and as may be
required to transact and properly conduct its business, viz.: Payment
of salaries and donations to sick members; purchasing stationery,
books, cards, printing, payment of rent, or any legally authorized bill
against the Local Union or Council. But under no circumstances shall
any ofthe General Funds be used for loans or donations to members,
Contingent Funds, credit union sponsored by the Local Union or
Council, or for political or religious purposes, except as approved by
the General President. Violation ofthis Section subjects the offending
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Local Union or Council to the penalty ofsuspension. Funds to be used
for any other purpose must be handled through a Contingency Fund.
B No donation for any purpose, except sick donations, shall be
given except by a majority vote of members present, and cannot be
declared valid at the meeting of its introduction, but nlust layover
to the next meeting (except in case of appeals for aid from Local
Unions on strike with sanction ofthe General Executive Board).
C The funds or property of a Local Union cannot be divided in
any manner among the members individually, but shall remain the
property ofthe Local Union for its legitimate purpose.
D All moneys paid out of the funds of a Local Union with the
exception of per capita tax, cost of bonds of financial officers and
payments required under Section 59B must be by majority vote of
the members present. No appropriation ofmoney can be voted after
10:30 p.m.
E Any Local Union charging more than the minimum dues as
prescribed in Section 45Aor any Council may create a special Relief
and Contingent Fund for use aside from the General Fund. Local
Unions may use all dues in excess of the above dues, proceeds of
entertainments, and may levy an assessment for said fund in accor
dance with the provisions governing special assessments. Councils
may use any revenue in excess of that required for proper operation
ofthe Council for such Contingency Fund.
F This fund may be used for the relief ofaged members, organiza
tions, or for any other purpose the Local Union may decide, except to
support a dual organization, for partisan politics, religious purposes,
or investments in a credit union sponsored by the Local Union, or for
any purpose that may be inimical to the interests ofthe United Broth
erhood; provided, however, if property is purchased with said fund
the property shall be held in the name ofthe Local Union or Council
of the United Brotherhood of Carpenters and Joiners ofAmerica, as
specified in the Constitution of the United Brotherhood. The tenn
partisan politics does not include support of or financial contribution
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to a candidate for s t a t e ~ provincial or local office provided such sup
port or contribution is not contrary to law, is approved by vote of the
members or delegates to the body, and is based not on party politics
or the candidate's political affiliation but is based on the candidate's
position as a supporter and advocate of objects, principles and legis
lative goals of our organization.
GENERAL STRIKES AND LOCK01JTS
A Section 55. Strikes and lockouts in Local Union or Council
areas shall be financed by the Local Union or Council as provided in
Paragraph B of this Section, together with such funds of the Local
Union or Council as it may appropriate or provide for by separate
assessment. The United Brotherhood shall not be financially respon
sible for such strikes or lockouts and shall not, by approving strike
action in a Local Union or Council area or by assigning a repre
sentative to assist a Local Union or Council in settling a dispute or
negotiating an agreement, assume financial responsibility for a strike
or lockout. The General Executive Board may, in its discretion, grant
supplemental financial assistance to a Local Union or Council in the
event of a strike or lockout, in such amount and under such terms
as the General Executive Board shall determine to be appropriate
and consistent with the interests of the entire United Brotherhood.
A Local Union or Council seeking or obtaining such supplemental
financial assistance shall comply with the following provisions set
forth in Section 55. The authority of the General Executive Board
as established in this Section may be exercised by the General Presi
dent, in consultation with the General Secretary-Treasurer, subject
to such rules as the General Executive Board may from time to time
adopt. Requests for financial assistance, together with all supporting
information, shall be submitted to the General President.
B Members affected by a strike but who are permitted to work in a
bargaining area where a strike is in progress shall pay an assessment
to the District Council, Regional Council, or Local Union an amount
not less than two hours' pay for each day worked during the strike
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for the purpose of establishing a strike and defense fund. Such fund
shall be used to provide benefits for members unemployed because of
the strike and to pay bills and other expenses incurred in connection
therewith. A Local Union or Council which has an adequate reserve
in its strike fund may request dispensation from the General President
to reduce the amount ofthe assessment payable under this Section.
LABEL
A Section 56. The following design shall be the official label of
this United Brotherhood.

B The following design shall be the official emblem ofthe United
Brotherhood.
C The General Office shall, as soon as possible, through the good
offices of some District Council, Regional Council, or Local Union
in each State or Province, have the label registered. Registry is to be
in the name of the United Brotherhood of Carpenters and Joiners of
America, and the expense to be borne by the General Office. After
such registry, each District Council, Regional Council, or Local
Union where no District or Regional Council exists, shall apply to
the General Vice President for sanction to use the label and give such
infonnation pertaining to conditions in that district as required, and
after receiving sanction from the General Vice shall issue
labels of the foregoing design, with name or number of the District
Council, Regional Council, or Local Union issuing same, printed in
its proper place on the label, to such shops and mills in that district as
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are entitled to same, and all labels must be secured from the General
Office, which shall furnish them at cost under the conditions set forth
herein.
D No agreement shall be made or renewed with any firm granting
the use of the label after April 1, 1916, unless all shops and mills of
the firm have an eight-hour work-day or less and employ only mem
bers ofthe United Brotherhood, except where dispensation has been
granted by the General President upon application from the District
Council, Regional Council, or Local Union.
E Each shop, mill or factory shall have a Shop Steward who shall
have supervision over the label, stamp, or die; it shall be the duty of
the Steward to see that said label, stamp, or die shall not be placed
on any manufactured article other than that which is made under the
agreement. Said label must be applied to the article in the shop or
mill where manufactured and must at no time be removed for use
from the shop or nlill. It shall be the duty ofthe Shop Steward to see
that the agreement with the District COlmcil, Regional Council, or
Local Union is carried out in its entirety.
F The Shop Steward shall be appointed by the Business Repre
sentative or elected by the employees of the shop, mill or factory
where employed.
G Under no circumstances shall employers be permitted to handle
labels or have them in their charge, nor shall anyone but a member
ofthe United Brotherhood be permitted to attach them, and the Shop
Steward shall at all times keep them securely locked up, so that no
one else may have access. All labels shall be attached to finished
product by members of the United Brotherhood in such a manner
that they cannot be removed therefrom without destroying the label.
H Each label except decal shall have the factory, shop or mill
number stamped thereon. Wherever a label except decal is applied
without the factory number thereon it shall be regarded as forged.
The factory number, in conjunction with the name of the District
Council, Regional Council, or Local Union issuing said label, will
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thus pennit recognition of the product of any particular factory in
any part of the jurisdiction ofthe United Brotherhood.
I It shall be the duty of the Secretary of each District Council,
Regional Council, or Local Union issuing labels to keep a correct
and accurate account of all labels received from the General Office,
their numbers and the shops to which they have been issued, and to
furnish all information regarding the use of the label which may be
called for by the Council or the General Vice President.
J The Shop Steward shall receive and account for the use of the
labels and make a report to the District Council, Regional Council,
or Local Union monthly, or oftener if required, and to the General
Vice President upon request.
K Upon request of the General Vice President, a representative
shall be sent to investigate the conditions ofany mills using the label,
and upon receipt ofreport the General President shall furnish a copy
ofsame to the General Vice President.
L In case of any violation of an agreement or grievance against an
employer, the label shall be withdrawn when ordered by the General
Vice President.
M The General Vice President, with the sanction of the General
Executive Board, shall have the power to order the withdrawal of
the label from any factory, shop or mill, upon charges duly made,
and shall have power to regulate and investigate the issuance of the
label in accordance with the Constitution and Laws of the United
Brotherhood. The General Vice President shall have power to grant
dispensation for use of the label, stamp or die where such will be
benefi cial to the Organization.
N It shall be the duty of all District Councils, Regional Councils,
Local Unions and each member to promote the use and installa
tion of trim and shop-made carpenter work, hotel, bank, bar, store,
and office fixtures, and of church, school, household furniture, etc.,
bearing the Union Label, and to make it generally known to the
members ofthe Local Union that it is necessary to all mill and shop
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members and the United Brotherhood that products made in facto
ries, shops or mills where only members ofthe United Brotherhood
are employed should be installed by fellow-members.
o Where owner or architect specifies that union materials shall
be used on any job or building, none other shall be handled by the
membership of our Brotherhood, under penalty of suspension from
P The misuse of the Union Label or Stamp by the Shop Steward
shall subject the Shop Steward to charges and if found guilty, after
being charged and tried, he or she shall be fined not less than Fifty
Dollars ($50.00) and removed as Shop Steward for the first offense,
and for the second offense shall be expelled.
Q No member shall use or authorize the use of any copy or replica
or other duplication of the label or emblem of the United Broth
erhood or any part thereof for any personal, commercial or other
unofficial use without the express written approval of the General
Executive Board or the General Vice President.
AMENDMENTS
A Section 57. The Constitution herein contained can be amended
or altered at regular sessions of the Convention by a majority vote
of the delegates present.
B All amendments to the Constitution submitted by Local Unions,
District, Regional, Industrial, State or Provincial Councils for the
consideration of the Convention shall be filed with the General Sec
retary-Treasurer not later than sixty days preceding the holding of
the Convention, and the said amendments shall be published in "The
Carpenter" in the issue immediately following the expiration of the
filing deadline by the General Secretary-Treasurer. Proposed amend
ments must list the Section and paragraph that is to be amended and
must be typewritten, signed by the President and Secretary of the
Local Union or Council, and under Official Seal. No further amend
ments shall be considered by the Constitution Committee, other than
those submitted in accordance with the above or submitted to the
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Constitution Committee by the General Executive Board; however,
amendments offered from the floor to any Section while it is being
reported on by the Constitution Committee may be taken under
advisement by the Constitution Committee.
C At any time the General Executive Board deems a new law or
amendment is necessary to govern the United Brotherhood, they may
recommend a clause to the LocalUnions to be submitted to a general
vote in accordance with this Section; and should a majority vote of
the n1etnbers voting at a special called meeting support the recom
mendation, it shall become a law. No new laws or amendments shall
be submitted for a vote of the Local Unions between Conventions
in which the result ofsuch vote would not become a law six months
prior to the holding ofthe General Convention.
D Any Local Union may submit an amendment to the Constitution
of the United Brotherhood. The proposed amendment must be sent
to the General Secretary-Treasurer, who shall publish it in "The Car
penter" one month prior to the next regular meeting of the General
Executive Board, and if approved by that body, it shall be submit
ted to a general vote. A proposed amendment which is endorsed at
meetings called for that purpose by at least thirty (30) Local Unions
located in as many States and/or Provinces, and provided further
that the members of the Local Unions which endorse the proposed
amendment constitute at least twenty-five (25) percent of the total
membership of the United Brotherhood as of the date the proposal
is submitted, approval of the General Executive Board shall not be
required.
E All proposed amendments to the Constitution must be submitted
separately listing the section and paragraph that is to be amended.
F Whenever a general vote of the members is taken, a statement
shall be submitted along with it by the parties sending it out, giv
ing their reasons why such amendment should become a law, and
the General Secretary-Treasurer shall state the number and location
of the Locals that have endorsed same. It shall require a majority
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vote of the members voting, by secret ballot to decide, and said gen
eral vote under Seal of the Local Union. shall be returnable to the
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General Secretary-Treasurer within six weeks from date of circular
calling for the vote, and the result, pro and con, in each Local Union
shall be published in pamphlet form containing a copy of amend
ment or amendments voted on and distributed to all Local Unions
in the same manner as the monthly Financial Statement. It shall be
unlawful for any Local Union to report nlembers as having voted on
any referendum unless they are present and voting. Any Local Union
or Union official that conspires to wilfully make a false report on
votes cast on a referendum shall be subject to charges under Section
51 of the Constitution of the United Brotherhood of Carpenters and
Joiners ofAmerica.
PROPERTY
Section 58. All officers, Business Representatives and assistant
Business Representatives, at the expiration of their term of office,
when removed from their offices or positions, when suspended
under Section 5ID, when they resign from their offices or positions,
or when their offices or positions are declared vacant, shall deliver to
their successors or to the Local Union, Council, or the United Broth
erhood, as applicable, all books, papers, records, moneys and other
property in their possession belonging to the Local Union, Council,
or the United Brotherhood, and they shall not be relieved from their
bonds or obligations until this Law is complied with. A member who
has served as a financial officer of a Local Union or Council shall
be entitled to have an audit made of his or her financial books and
records after he or she ceases to hold the financial officer position,
provided that he or she submits a timely written request for an audit
to the Local Union or Council involved. Any request for such an
audit must be submitted to the Local Union or Council involved, in
writing, by no later than thirty (30) days after the member ceases to
hold the financial officer position involved. In the event an audit is
not made in accordance with the foregoing, a financial officer suc
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ceeding to office shall be entitled to have an audit nlade of his or
her predecessor's financial records. Delivery of financial books and
records to the Trustees or auditor selected by the Local Union or
Council shall constitute compliance with this section. The cost of
such audit is to be borne by the Local Union or Council.
PENSION PLAN
i<\ Section 59. There shall be established and maintained by the
United Brotherhood a Pension Plan for such officers and representa
tives as may be eligible, including such other employees as nlay be
necessary to maintain qualification of the Plan as a tax exempt trust
within the meaning of the U.S. Intenlal Revenue Code. The Pension
Plan shall be known as "United Brotherhood ofCarpenters and Join
ers ofAmerica Pension Plan."
B The United Brotherhood and each Local Union, District,
Regional, State, Provincial and other Councils shall pay each month
to the Trustees of the Pension Plan the contributions owed with
respect to each officer, representative, and employee covered by the
Plan, which shall be a standing appropriation and shall not require
a vote of the United Brotherhood, Local Union or Council. The
General Executive Board is authorized to detennine the amount of
contributions payable to the Pension Plan.
C The Trustees ofthe Pension Fund shall be appointed by the Gen
eral President with the approval ofthe General Executive Board.
CODIFICATION
Section 60. All Laws or parts ofLaws previously enacted by the
United Brotherhood, and standing decisions of the General Execu
tive Board, in conflict with the Constitution of the United Broth
erhood, are hereby repealed and the General Executive Board is
hereby authorized and empowered to make any needed changes as
required by the vote ofthe delegates to the Convention ofthe United
Brotherhood.
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STANDING DECISIONS OF THE
GENERAL EXECUTIVE BOARD
1887 February 15--A Union not holding meetings at least once
a month forfeits its charter and is not eligible to donations.
September 17--Grading wages is demoralizing to Union
principles and to the welfare of the trade and no Local
Union should adopt the system of grading wages.
1888 March 100A Local Union can fix a fine as penalty for
non-attendance ofmembers at a monthly meeting.
1891 July 16--All donations are forfeited by a suspended
Union the same as a suspended meruber. A suspended
Union cannot be entitled to any donations other than those
prescribed for a new Union.
1897 April 7-Working Cards can only be issued through the
Local Unions or District Councils ofthe United Brotherhood
and without discriminating charge in any locality against
outside members.
April 9-Every part of the Ritual is just as binding on
members as is the Constitution and Laws of the United
Brotherhood.
1898 April5--Members violating Trade Rules and called out on
strike are not entitled to strike donations.
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PARLIAMENTARYR'lTLES
Rule 1. On motion, the regular order of business (see inside front
cover) may be suspended by a two-thirds vote of the meeting at any
time, to dispose of any urgent business.
Rule 2. All resolutions and resignations must be submitted in
writing.
Rule 3. Any conversation by whispering or otherwise, which is cal
culated to disturb a member while speaking, or hinder the transaction
of business, shall be deemed a violation of order.
Rule 4. Partisan politics or sectarian discussion shall not be permit
ted in the meeting under any circumstances.
Rule 5. All questions of a parliamentary nature not provided for in
these Rules shall be decided by Roberts' Manual.
MOTION
Rule 6. A motion to be entertained by the presiding officer must
be seconded, and the mover as well as the seconder must rise and be
recognized by the Chair.
Rule 7. Any member having made a motion can withdraw it by
consent of the seconder, but a motion once debated cannot be with
drawn except by a two-thirds vote.
Rule 8. A motion to amend an amendment shall be in order, but no
motion to amend an amendment to an amendment shall be permit
ted.
Rule 9. Any member may call for a division of a question when the
sense will admit thereof.
DEBATE
Rule 10. A motion shall not be subject to debate until it has been
stated by the Chair.
Rule 11. A member who wishes the floor shall rise and respectfully
address the Chair, and if recognized by the Chair, shall be entitled to
the floor.
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Rule 12. Iftwo or more members shall rise to speak at the same time,
the Chair shall decide which is entitled to the floor.
Rule 13. Each member, when speaking, shall confine his or her
remarks to the question under debate and avoid all personal, indeco
rous or sarcastic language.
Rule 14. No member shall interrupt another while speaking, except
to a point of order, and shall definitely state the point, and the Chair
shall decide the same without debate.
Rule 15. If a member while speaking be called to order, he or she
shall take his or her seat until the point of order is decided, when, if
decided in order, he or she may proceed.
Rule 16. Ifany member shall feel personally aggrieved by a decision
ofthe Chair, he or she may appeal to the Local Union from the deci
SIon.
Rule 17. When an appeal is made from the decision of the Chair, the
Vice President shall then take the Chair, and shall state the appeal
to the meeting in these words: "Shall the decision of the Chair be
sustained as the decision of the Union?" The member will then have
the right to state the grounds of appeal, and the Chair will give the
reason for the decision, thereupon the Union will proceed to vote on
the appeal, without further debate, and it shall require a majority vote
to sustain such appeal.
Rule 18. No member shall speak more than once on the same subject
until all the members desiring the floor shall have spoken, nor more
than twice, without unanimous consent, nor more than five minutes
at anyone time.
Rule 19. The presiding officer shall not speak on any subject unless
he or she retires from the Chair, except on points oforder and appeals
from the decision of the Chair, and in case of a tie shall have the
deciding vote.
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PRIVILEGED QUESTIONS
Rule 20. When a question is before the no motion shall be
in order except: (1) to (2) to lay on the table; (3) for the
previous question; (4) to postpone to a given time; (5) to refer or
re-commit; (6) to amend. And these motions shall have precedence
in the order herein arranged. The first three of these motions are not
debatable.
Rule 21. When the previous question is moved and seconded, it
shall be put in this form: "Shall the main question be now put?" If
this is carried, all further motions, amendments and debate shall be
excluded and the main question put without delay.
Rule 22. Ifa question has been amended, the question on the amend
ment shall be put first. Ifmore than one amendment has been offered,
the question shall then be put as follows: (1) amendment to the
amendment; (2) amendment; (3) original proposition.
Rule 23. When a question is postponed indefinitely it shall not come
up except by a two-thirds vote.
Rule 24. A motion to adjourn shall always be in order, except: (1)
when a member has the floor; (2) when members are voting; (3) when
it has been decided to take the previous question.
TAKING THE VOTE
Rule 25. Before putting a question to vote, the presiding officer shall
ask: "Is the Union ready for the question?" Then it shall be open
for debate. If no member arises to the presiding officer shall
then put the question in this form: "All in favor of the motion say
'Aye,'" and after the affirmative vote is expressed, "Those of the
contrary opinion say 'No. '" After the vote is taken the Chair shall
immediately announce the result.
Rule 26. When the presiding officer has commenced taking a
no further debate or remarks shall be allowed unless a mistake has
been made, in which case the mistake shall be rectified and the pre
siding officer shall again take the vote.
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Rule 27. Before the presiding officer declares the vote on a question,
any member may ask for a division of the h o u s e ~ then the Chair is in
duty bound to comply with the request, and a standing vote shall then
be taken, and the Conductor shall count the same.
Rule 28. Every member present shall vote on all questions before the
Union, unless personally interested or excused by the Union.
Rule 29. When a blank is to be filled, the question shall be taken first
upon the largest sum or number, or the longest or latest time.
Rule 30. When a question has been decided it can be reconsidered
only at the same meeting or on the next regular meeting night.
Rule 31. A motion to reconsider must be made and seconded by two
members who voted with the prevailing side.
Rule 32. All questions, unless otherwise provided, shall be decided
by a majority of all votes cast.
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OBLIGATION
I do, of my own free will and accord, solemnly and sincerely
promise--on my sacred honor-that I will never reveal-by word
or deed-any of the business of this United Brotherhood-unless
legally authorized to do so. I promise to abide by the Constitu
tion and Laws-and the will ofthe majority-observe the By Laws
and Trade Rules-established by Local Unions and Councils
affiliated with the United that I will use every
honorable means-to procure employment for brother and sister
members. I agree that I will ask for the Union Label-and pur
chase union-made employ only union labor-when
same can be had. And I further agree that-ifat any time it should
be discovered-that I have made any misstatements-as to my
qualifications for membership-l shall be forever debarred from
membership---and donations in this order. I pledge myself to be
obedient to authority--orderly in the meetings-respectful in words
and charitable injudgement ofmy brother and sister
members. To all ofthis I promise andpledge--my most sacred word
and honor-to observe and keep-and the same to bind me--as
long as I remain a member of this Brotherhood. And I further
affirm and declare-that I am not now affiliated with-and never
will join or give aid-comfort-or support to any organization
that tries to disrupt any Local Union-District Council-Regional
Council-State or Provincial Council or the International Body
ofthe United Brotherhood ofCarpenters and Joiners ofAmerica.
PRESIDENT.-[To Newly Initiated Member.]-You have now
been admitted into the United Brotherhood of Carpenters and
Joiners ofAmerica and you are entitled to all the rights. benefits
and privileges as a member thereof, as specified in the Constitu
tion, and having assumed the duties and honors ofa member ofthe
United Brotherhood, we extend to you the hand offellowship
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[After that the President will return to his (her) chair, give ONE
DISTINCT RAp, when the members take their seats. He (she) will
address the Conductor. ]
PRESIDENT.-Brother (Sister) Conductor, you will now lead the
newly initiated Brother (Sister) to the Financial Secretary's desk,
where he (she) will hand in his (her) name and address, and comply
with all other requirements ofthe Constitution and the laws ofthis
union. He (she) will then obtain his (her) card ofmembership.
[NOTE-The Financial Secretary in the meantime should have
the card of membership p r e p a r e d ~ to avoid delay. After complying
with this, the Conductor will escort the new member to his (her)
seat.]
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INSTALLATION CEREMONY
(For Installation of all General, Local or District Officers.)
[NOTE-The President shall appoint an Installing Officer who will
take the President's Chair and call the officers elect to take their
places in front ofhim (her). He (she) will RAP TIIREE TIMES, and
the members will all arise and remain standing. He (she) will then
administer the following obligations to them collectively:]
INSTALLING (Sisters): Please raise your
right hand and repeat after me the following obligation: You will
each ofyou use your name where 1 use mine:
I, ________ , __, do hereby solemnly and sin
cerely pledge my honor in the presence ofthe members ofthis Order
here assembled-to perform the duties ofmy office as prescribed in
the Constitution and prevented by sickness or some
unavoidable accident-that I will deliver to my successor in office
all books, papers, and other property-ofthe United Brotherhood
that may be in my possession at the close ofmy official term. All of
this I most sincerely promise---with afull knowledge that to violate
this pledge-is to stamp me as a person devoid ofprinciple-and
destitute of honor--only worthy of the scorn and contempt of my
Brothers and Sisters.
[At the close of the obligation, the Installing Officer will RAP
ONCE, and the members will be seated. He (she) will then say to
the officers elect:]
INSTALLING OFFICER.-Brothers (Sisters) you have been cho
sen by this Order to each one serve it in his (her) respective official
capacity, and you may well foel proud ofthe honor conferred upon
you. You will now proceed to your respective official stations, and
enter upon the duties assigned to you by the Constitution and the
laws ofthis union.
[The Installing Officer will then surrender the Chair to the incoming
President. ]
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PLATFORM
1. Municipal service wholly divorced from partisan politics.
Tenure of office during good behavior, and promotion for
meritorious services.
2. Eight-hour service for all employees engaged directly or
indirectly on municipal work.
3. Payment of wages weekly, and equal pay to women for equal
work perfonned with men.
4. Revision and simplification of all municipal laws.
5. Direct through the initiative and referendum.
6. Sanitary and safety inspection of all places where labor is
employed.
7. Abolition of contract prison labor.
8. Prohibition of child labor under 17 years.
9. Compulsory education.
10. Payment of wages in lawful money.
11. Prohibition of alien ownership of land.
12. Adoption of legislation requiring the election of all public
officials by direct vote ofthe people.
Exhibit 11
Duties shall include but are not limited to:
The management and supervision of all field activities of the District Council.
Supervise manage and co-ordinate Rep centers.
Regional Managers will work and co-ordinate operations through the Assistant and Council to the EST.
Restructure the Representative system.
Work to establish ongoing Representative training, starting with jurisdictional training and procedural
training for grievances.
Co-ordinate Representative Activities when needed.
Co-ordinate Representative Activities with Compliance Officer and or Inspector General when requested
bV said offices.
Report to Executive SecretarvlTreasurer in regards to field activities.
Co-ordinate and direct joint Representative and Labor Management Activities when necessary.
Co-ordinate and direct joint Representative and Organizing Activities.
Oversee Representative accountability.
Co-ordinate Representative Rotation.
Take Human Resource evaluation reports on Representatives and take appropriate actions if and when
necessary.
Co-ordinate Representatives with the Grievance Department when necessary.
Co-ordinate and confer with Councils General labor law and litigation Attorneys when necessary.
Supervise Organizing directives with the Director of Organizing.
Handle inter-trade personal relations.
Co-ordinate multi-trade organizing activities with the Director of Organizing.
Establish an Organizing Research Department.
Co-ordinate training courses for Organizers.
Report any deficiencies in Organizing to the Executive Secretary/Treasurer.
Co-ordinate organizing activities with the Political Action Department.
Establish ongoing Steward Training Courses, (Contract understanding, Jurisdiction, Compliance).
To be Compensated under the NYCDC salary program band of Executive at the rate of $185,000.00 per
Annum which may be increased or decreased by 5% each year if such adjustment is approved by the
Delegate body and may not receive any other compensation from the District Council, other than fringe
benefits equivalent to those paid to rank and file members as set forth in the collective bargaining
agreement covering the greatest number of members.
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Review Officer
Interim Report 3
2011-12-05
Exhibit 13
NYCDCC
Personnel Policy
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Personnel Policy Manual
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Employment Guidelines
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For EmploYeeJ
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NEW 'YORK CITY and VICINITY
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DISTRICT COUNCIL OF CARPENTERS
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395 Hudson Street
New York., New York
TelephoDe: (111) 366-7300
Eff'eedve January 31. 2011
Rev. Oetober 1, 2011
N ~ K 1 York CitJI and Vicirliry District Council
OfCarpeniers
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Welcome!
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1 [ have been appointed by Douglas J. McCarron, General President of [he United
I Btolherhood of CarpenteJS and Joiners of America as the Supervisor of the New York City and
! Vicinity District Council ofCnrpenters.
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! On behalf of the New York City and Vicinity District Council of Carpenters
.II ("New Y c>rk City District Council" or "District Council"), I welcome you. You are Il. member of
a team of Djstrict Council leaders and employees w ~ goal and mission it is to advance the
l interests of Union carpenters nnd to serve the needs of our memben and their families during
Iheir working yeal's and in retirement To ()W' membefship and the employers we deal with. you
ale the New York City District Council.. The District Council wants all woo come into contact
I with \IS to be treated fairl)' and in II manner that our members c.tn be proud of.
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I This manual wiU provide guidelines for the terms and conditions of employment
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I at the New York City District Council. The New York City Distriet Council is an equal
\ opportunity employer. No employee or applir;;ant shall be discriminated <1galnst in his or her
I terms and conditions of employment or pay beea.use of race, religlon, creed, color, national
II origin. IP. gender, disability, marital or veteran status, citizenship. or sexual preference or any
other basis prohibited by applicable law. .
Please review and refer to this I'tmnual regularly, You wiUobaerve that there are
some potiey changes introduced with this version of the Penonnel Policy Manual. Ifyou have
any questions about this manual or any suggestions. please feel freo to contact me.
Very tnjY Y ~ : .
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i 7':...,.L-A.,!/P.rU.e,t .
i Frank Spetfcer .
Supervisor
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i ;The Purl!2" of this Manual
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'J This manual is designed to communicate our policies and procedures to all our
I employees. The manual will acquaint you with your employment obligations and
!responsibilities. Then will be many things to tearn about your new job. and this is a good place
Ito start. We could not possibly cover everything. however, so please consult your manager who
Ican provide you with additional infonnation and help whenever possible.
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: This Manuat contains the policic5 and praetices in effect at the time of publication. An
1pre\liously issued manuals are superseded by this Manual. In addition. any polioy, benefit
i statement, or memorandum that is inconsistent with this Manual is superseded. Although the
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1manual will be revised due to changes in policies and procedures., we cannot
trepublish the booklet every time a change occurs. Some material, therefore. becomes obsolete.
IThe District Council reserves the tight to change the policies and procedures set forth in the
manual. with the exception of the at-will employment policy. However, any such changes musi
be in writing and must be signed by the Executive Secretary Treasurer or Supervisor of the
Council. Any written changes to this Handbook will be distributed to all employees so that
j employees will be aware of the new policies or procedures.
i Nothing in this manual constitutes a promise by the New York City Dlstri.:t Council
Ito give or maintain any beuefit or to continue indefinitely the employment of any person.
i Emp!oytDent is for no derudte duration. No mftllager or other J*epresentative. of the New
IYork City District Council has the authority to guarauUe employmeut of Iny person for
Iany definite period of time.
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, All employees of the New York City Dis.riet Council are employe.es "at-wil,.. This
means tbat you may volutarily disco.tinue yoor employment at any time (or any reUOD.
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Similarly, the District Council retain. the right to termmat" the employment of any pa-son. .
or without cause" with or witbout nodee., for any Dot otherwise prohibited by .
I If you have any questions about any benefit. term, or procedure described in this manual,
Iplease contact your manager. ._ .
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lcontents
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II. Equa1 Employment Opportunity...._ .............. _ ....... " ................................ " .......m .. .... .. .. ...... .. .. ..
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, E. Informal ResolutiOn .............................................. _ ...................... -....................... _ ......................... _ ........ _.
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, F. Investigation ofComplainlll ........... _....................._.................. _ .................................................................. 10
ll. O. ::::::::::::::::::::::::::::::::::::::::::::::::::::::=:::::::::::::::::::::::::::::::::::=::::::::::::::::::::::::::::::::::::::::::::::::
In. Recruitmcnt ........................... _ .......... _ ........... __....-.--...................w .... _ ...... _._ _ ........ ........ - .. ....... II
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IIV. EmploymtJlt. Work Hours aud Wages .................................. -... ..................................... _ ................... _ ........... \3
j A. Eligibility to WOfk for tho DillmCl Council .......................................... _m.................................................... J
. B. rll'St Six Months of Employment ...................... _ ......... _ ............................................................................... 14
C. W(>i'k Hours- Administrative Staff................................................................................................................ 14
D. WOfk Hour&- Job Reforml DcparIment (Oul ofWOt'k Lbt) .......................................................................... 14
E. Worlt Hours-Inspector General's Office ..................................................................................................... IS
'F. Wan: Hours- Mal'lllgernent Staff .........................................................._....................................................... !5
G. Payroll e.nd Wages ............................... _ ...................................................... _ ................................................ IS
II. Ovwtime and Double Time..... _ ....... _:.......................... _ ............................................................................... L6
r. PerfonnanCband Salary Reviow.s ..... _ ................................................................................... _ ...................... 16
V. Fringe .._.............. _ ............................................................. _ ..................... ; ......................................... 17
VI. Holidaylll .......* ........................................_........................._ .................._................................................_.......... 11
VII. Vacation ........ _ ................................. _ .............. _........... _ ........................................................................ _ ...... _ .. 18
VIII.l.eave Policies ._............................................ ; .................. _..;.................................... _ .......... -.................... _ .._.. \ 9
I A. Sick Days ..:..._ .................................. k 19 ......_"........._ ..........................._ ....................................... _ ..................
. S. Family and Medical Leave Act.................................................................................................................... 19
C. Salary Continuance (Short Term Di:s.bility) ........................................ _ ...... " ............................................... 22
D. Penonal Oa)'$ ................................................................................................................................................. 23
E. Bereaveml!1lt Leave ..................... _ ................................................................................................................ 23
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IIX. Sub$la.nec Abuse Drugs and Alcohol ................................................................................................................ 1.4
tX. Health and Safely.._ ....................... _ ................ _ ...................................................... _ ........................................ 24
I A. General Pol.ic:y._.............._ ...................................... _ .......... _ ...................... __ ..... .._.__ ........................... _ .. 24
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B. Injuries. Accidents and. Emersencies .. _...................................................... __ ..... _ ...... _ .......................... .-... 25
I C. Employees Who Leave Early Due 10 aD Accldent .......................... _ ................................... __ .... _ ....... _ ....... 25
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iXL DisciJ?'ine and DiKIlargc .......................................................................................... ; ....................... ................ 16
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: C. Employee Complaints ............. P ................................. __ .................................. ; .... ; ......................................... 28

: B. lob Abandonment .......... _.................. .....__.................................................................................................. 29
: C. Di!iCbarge fOr Willful MiSl;Onduct ............. ....... " ............. ....._ .............. _ ...... _.........................._._............ 29
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B. Late!1eS$ and Attendanc:e .............. u ._ .............................................................._ ....................... )0
C. Time Keepin& DoeullICnCalion ............... ...... _ ............. _ ...... _.m ...... ............................................................ 30
D. Smoking ........................... _ ................................................. " .................... _ .. _ ......... ...... _ .......... _._ ............ 31
E. Tc=!ephonl U$C.................._._........... _ .. _ ....................................................................................................... 31
F. Eatcrtairuncmt and Gifts ....... _ .. _ ........ _._ ............................................................................. _ ....................... 31
G. Fit for Duty ......................................................................................................m ll .................._ ......_ ...............
H. Confidentiality aad Release of lnfOl1l1lllion ............................................................. ; ..................................... ) I
I. Employee Recorda ........... _ .......................................... ................. _ ................ _ ..___................_m............. 32
J. 'Employment Verifications........................................................................................................... _.............. _32
K. Public Relations ........................ _ ............................................... ., .................................................................. 32
L. Public R.cpn:scntilCions on Blogs. Social Networking Sites, and Other Internet Sites ._................. _ ............ n
M. Outside En1ploymcnL ..................................................................................................................................... 33
N. Intimlile RellCionships in the WOt:kplace._....................................................... _ ........................................... 33
O. St_ofEmet'&enc:y...................... ........................... _ ................................................................................... 34
, P. Storage ofEleccronk: Fitcs .. _ .................................................................................................................... 34
iXlv.Electronic Inform.n Syste:ms (Computera. E-mail, Voice Mail, Internet acass}._....................................... 34
: A. Business Us. ................... _ ........... _...................................................................... _ ........................................ 3,5
'I B. Aece.ss to electronic Infonnalion ....._ ........................................................................................................... 35
C. No Privac;y lUghts .......................................................................................................................................... 36
I D. Snforcomentof'Policy.......................................................................................... _ ........................................ 36

B. General Advice to Travdm ............ .............. " ..................................... _.................. _ ........... _ ................... 44
C. Expense Repon Guide(jnes...............__....... ............... _ ....................................................... _ .................... 45
D. Employee AQ;ountabi\ity ..............................__............... ............................................................................. 46
E. Management Accountability ......................................................................._ ..... : ........................................... 46
F. Intimal Review' Aoccss.......................... " ................. _ .....................................;_......................................... 46
O. Expense Category Guidelines ................................................................ ....... :: ...................................... , ..... 47
Exhibit A .......................................................................................................................... ;; ......................................... 55
Exhibit B ............................................................................................ _ ........................ :.; ...... ; ..................................... 57
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i I. Equal Employment Opportunity
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! The New York City District CoWlCil is committed to a cQUegial work environment in
Iwhich all individuals are treated with respect and dignity. Each individual has the right to work
Iin a professional atmosphere that promotes equal opportunities and
[practices, i.ncluding sexual harassment. Therefore, we expect that all relationships among
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ees will be business.-like and free of bias. prejudice and han!ssment.
! The New York City District CoWlci1 is an equal opportunity employer. No employee or
!applicant shall be discriminated against in his or her terms and conditions ofemployment or pay
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because of his or her race. religion, creed. color. national origin or ancestry. age. gender,
,disability or medical condition, marital or veteran status. citizenship or sexual preference or any
lother basis prohibited by applicable law. Terms and conditions of employment include
recruitment. training, assigrunent. benefits, promotions, t:mnsfers. terminations,
,performance review feedback. disciplinary actions, and participation in Union activities. Any
',' action which gives rise to recognized and prohibited discrimination in any form will not be
Itolerated and will be treated immediately and severely. Managers and Department Heads are
Iencouraged to re\liew this policy with their support staffregularly.
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Anti-Harassment Policy
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Employees are entitled to work in 11 harassment-free environment. No employee should
100 to any fonn of physical or verbal harassment including sexual harassment.
iHarassment is defined as engaging in a course of vexatious comment OT conduct that is known or
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ought reasonably to be known (0 be unwelcome. Harassment may .be, verbal, physical, visual
conduct or comments that are based on a person's protected characteristic or stat.us, such as sex,
color. race. sexual orientation, ancestry, religion, national origin. .age, physical handicap or
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perceived handicap. mental condition, disability, marital status, citizenship status or other
protected group status. "The Union will not tolerate harassing conduct which affects tangible job
benefits. whicll interferes unreasonably with an individual's work performance or which creates
an intimidating, hostile or offensive working envirorunent. Verbal forms of ha."8SSInent inolude
epithets. slurs. negative stereotyping and Wlweioome remarks about an individual's body.
!color. physical c;haracteristics. appearance or talents, questions about a person's sexual practices
land patronizing terms or remarks, Physical fonns of harassment include but are not limited to
Iphysical interference with normal work, impeding or blocking movement, assault. unwanted
Iphysical contact, staring at a person's body in ill threatening or intimidating way, Of engaging in
ihoslile acts which. relate to a protected status. Visual harassment includes tbe display ofobscene
'photographs, calendars, posters. cartoons, drawings, gestures. lewd objects, unwelcome notes or
iletters and any other written or graphic material which denigrates or sbQws hostility or aversion
ltoward an individual. because of a protected cha:racteristic, that is OD walls, bulletin
!boards or elsewhere on the Union's premise or circulated in the workplace. Hamssment includes
jretaliation for having reported or tlu'eatened to report harassment a pe;rson's
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characteristic or status.
The probibitions against unlawful discrimination and harassment also may apply to non
employees with wbom District Council employees como into contact in connection with [heif
employment with us. This kind of behavior is at. District Council and any
work.r.elated setting outside the office such as during business trtps. conferences and bus.lness
:related social events.
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If you feel discriminated against or harassed (sexuaUy or otherwise) by a non-employee
Iin connection with your employment, you should use the procedure contained herein.
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i PenoN wbo violate our barassment poUey and ,enoDs fouad fo bave retaliated
lapinst any employee who complains of harassment -or who with an
inveatigation of a barus..eat eomplaiDt. will be subject to appropriate action
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The Couneil encourages all employees to repmt any incidents of harassment furbidden by
this policy immediately so that complaints can be CJ,wck:ly and fairly .resolved. Complaints
should be brought to the attention of the employee's manager. the. manager. Human
Resources, or the SupervisorlExecutive Secretary Treasurer. They sho.uld Pc specific and should
include the names of the individuals involved and the names of any witnesses. Management who
reecive complaints or who observe behaviors that they believe constitute harassment or
ItdiscrimiOlltiOn are required to immediately notifY Human Resources or the SUperVisorlExccudve
Secretary Treasurer. You should also be aware that the Pcdmat Equal Employment Opportunity
iCommission and state and local agencies inVC$tigate and prosecute complaints of prohibited
i harassment in emplo:yrnent. Ifyou think you have been barassed or that you have been retaliated
lagainsr for resisting or.compJaining. you may mo a complaint with the' appropriate agency.
B. Sexual Harassment
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Sexual harassment in any form is iUegaland will not be tolerated. Sex:ual harassment is
defined as unwelcome or uawanted verbal, physical or visual couduct of a sexual natut"C when:
! the employee's submission to such conduct is made either explicitly or implicitly
I a term or condition of the individual's employment; , '1.
I the employee"s submission to or rejection of tho conduCt is used as the basis for
, decisions affecting biring, evaluation, promotion or olber aspeett. of'employment; andlor
this conduct bas the purpose or effect of unreasOna6ly interfering with an
I individual's work performance or creates an intimidating. hostile or offensive work
environment.
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a'<amples of .sexual harassment include. but are not limited to: unwanted sexual
advances. demands for sex.ual favors in exchange for favorable treatment or continued
lemployment; repeated sexual jokes. unwelcome flirtations. advances or proposition; coerced
!sexual acts; verbal abuse of a sexual nature. graphic, verbal commentary about an individual's
ibody, sexual prowess or sexual deficieacies; leering. wbistling, toUChing. pinching. or assault;
isuggestive. insulting. or obscene comments or gestl1res; and/or displays in the workplace of
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Isexually suggestive objects or pictures. This policy covers of women by of men
Iby women, and of same sex harassment. further, employees are cautioned that consensual
\ roiationships of a highly pe[Sonai andIor iatimate natute within the work eovironment may later
: become the basis for sexual harassment complaints.
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I Complaints should be brouaht to the attention of the employee"! manager, the manager's
Imanager. Ruman Resources. or the SupervlsotlExecutivc Secretary Treasurer. They should be
!specific and should inelude the names of the individuals involved and lhc names of any
Iwitnesses. Management woo receive complaints or who observe behaviors that they believe
Iconstitute harassment or discrimination are required to immediately notify Human Resources or
Ithe SupervisorJE.xecurive Secretary Treasurer. .
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Violence in the Workplace
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I The District C<>uncil has a zero tolerance polic), for acts or tbreah of violel'lCe in the
All have the right to expect a place of emplDyment that is free from
behaViOr that can be considered abusive,. disorderly. or disruptive. Any violent
behavior Dr behavior that creates a climate of violence. nostility. or,'intimidatioll wiU not be
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tolerated, regardless of origin. Proaetive measures will be taken to minimize the potential for
violent acts. Each and every act or threat of violence will result in an immediate and finn
response that could, depending on the severity of the incident andIor other relevant
considerations. include tenoination of employment. Anyone that exhibib: tt.:eat:enina behavior or
""'" actually t:tueasens to oommit or commits a violent act 0.0 Union property or time will be removed
as quickly 8$ safety permits aDd. remain away from the job pending the outcome of an
investigation.
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This policy includes, but is not limited to, the following behaviors and situations:
Violent Ut threatening pbysiw contact (including fights. pushing, and physical
I intimidalion.)
Threats
abusive or harassing phone calls
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Threatening messages posted on the internet or sent via email
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Unlicensed, unauthorized possession ofa weapon on Union property
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. Destructive Of sabotaging amoos against the Union"s Or Clmptoyees' personal
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. Stalking
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Violation ofa restraining order .',. .
I Threatening acts or abusive language that leads totensiOD within the work.
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, Any person who makes substantial th:reaIs. exhibits 'threatening behavior. or
engages in violent acts on District Council property shall be removed from the pt'emises
as safety permits, and shall remain off the premises pending the outcome of an
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investigation.
Employees who feel they are victims of violence in the workplace, are being duealened.
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lor have concerns that there arc violent acts occurring in the workplace can report concerns or
iincldenls to his or her manager. the manager"s manager, Hwnan Resources, or the
'SupervisorlExecutive Secretary Treasurer. They should be specific and should include the
!names ot the individuals involved and the names of any witnesses. Management woo.receive
'I complaints or who observe bebaviotS that they believe constitute haraSsment or discrimination
are required to immediately notify Human 'Resource$ or the SupcrvisorlExecutive Secretary
!Treasurel', The Inspector General's Office must also be notified immediately by Human
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Employees who witness violence or threats ohioIcnce must repOrt it as outlined nbove.
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I AU employees who obtain a protective restraining order, which lists the District Council _
ipremises as being a protected acca, must provide to their immediate supervisor a copy of any
Itemponuy or permanent protective or restraining order. Additionally, a copy must be furnished
! to the Inspector General's Office immediately.
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D. Disability
A disabled individual is a person with a physical or mental itnpaitment that substantially
limits a major life activity or has a record of or is regarded as bavingsUchimPainnent. Major
life activities are generaHy daily tasks. An impairment is a physiological disorder that affects
'one of the body's systems or a mental or psychological disorder (no! a cultural or common
personality trait). Consistent with this policy and applic::ablc \aw,;:the District Council will
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... __ lCOnsider foe employment. and reasonably accom.modatc.qualified individuab who demonstrate
! the ability 10 perform essential job functions and satisfy the requisite sKill, experience, education
! aru;l other jobrelatcd requirements of the position, where SUch ac;qommOdaUon docs nQt exact an
undue hardship. Pre-emplOymCllt inquiries are made only regarding an applic:ant's ability to
perfonn the duties of the position. The Union reserves the right to request certification from an
employee's physician to support a requ_ for a. mcdieallybased accommodation.
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IE. Informal Resolution
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[ The District Council encow:ag..::s individuals who believe that they are being harassed to
! promptly notify tile offender that his Or her behavior is unwelcome. If for any reason an
!individual does not wish to confront -the otl'endordirectiy. or if such It does not
end the harassment, the individual should notify his or.ller mapager, his or her
imanager's manager. or Human Re8<Iurces. There may be instances ill an individual seeks
only to discuss matters witbone of the designated Union and such discussion is
encouraged. If the individual so requests. the Uoion representative whO is notified may talk. to
the alleged hlUaSser on tbe individual's behalf. ' ,: _
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F. . Investigation ofComplirints
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! The New York 'City District Council will promptly aU complaints of
I discrimination 01 illegal harassment. Complaints should be brought 10 the attention of the
f employee's manager. the manager. Human or the SupervisorlExecutive
I, Secretary Trcasuter. They 3hould be specific and should inclutle the names of the individuals
, I' involved and the names of any witnesses. Management who receive 'C<Xnplaints or who observe
behaviors that they believe constitute harassment or discrimination are required to immediately
'I' notify Human Resources or the SuporvisorlBxecutive Secretary Treasurer. The Union will not
allow for retaliation against anyone for reporting sexual harassment discrimination, assisting
. tn making a complaint of harassment or coopetatinS in a harassment
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! The Union's policy is to investigate all such complaints thoroughly and promptly. To the
; fullest extent possible, the Union wiU keep complaints and the terms of their resolution
Iconfidential. Investigation of .such complaints wilt, hOwe1fer. generally require disclosure to the
I accused part)' and to other witnesses in order to gather pertinent facts. Iri all cases. lhe person
l who initiated this procedure will be infonned of the findings and disposition of the matter at the
Iconclusion ofthe investigation.
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! AU information will be held in strictest confidence and will be disclosed only as
appropriate or on a need-la-know basis as dctennined by the Union. If an investigation confirms
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that harassment has occurred, the Union will take actioG. lip to and iDcIuding
termination of employment, as appropriate.
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I The Union that false accusations can have on innOcent people
Iand the integrity of the Union. If after investigation. the that a person
I and a false of retaliation. will be: subject '0
idlSC1phnary action. up to and Including termination Clf ,Further. Witnesses to
: investigations are ,expected to be hotttst forthcoming during the investigatory process.
IObstruction or failure toeoopel'ate with an investigation may lead to d:i:SCiplinary action. .
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Retaliation
I Retaliation is any adverse action taken again$t an employee or former employee because
Ibe or she exercised his or her rights to report wrongdoing. including harassment Retaliation
Iinclude::
, Employment actions, such as discipline, termination, refusal to hire, and denial of
promotions.
Threats and unjustified negative evaluations
, Actions that ate likely to deter reasonable people frOnt pursuing their rights.
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I In ordec to allow the Union an opportunity to review and resolve aliegations of WI"Ongful.
\mllCOnduct and take .......i.. "'ion .. app...,.wc, =p'o,... any \...
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Ithat he or she reasonably believes constitute a violation of any law Union policy. Reports of
Imisconduct may be surfaced to the employee's manager, the manager's manager. Human
IResources. or the lDspector General's Office. or the party designated in a specific policy to
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receive a particular type of complaint The Union has a zero..tolerancepoHcy for retaliation. No
employee shall retaliate in whole or in part against another employee because he or she bas
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disclosed alleged wrongfUl conduct to UDion management or a public body. Any employee
found to have violated this policy shall be subject to disciplinary action. up to and including
termination. Any employee who beli.c:ves he or she has been retaliated against because of his
or her prior disclosure of wrongful conduct should report the alleged retaliation to his or her
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manager. the manager, Human.,R.esources. or the SupervisorlExccuti'Ye Secretary
Treasurer. He or she should be specific and should include the names of the individuals involved
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Iand tbe names ofany witnesses.. Management who receive complaints or who observe behaviors
thal they believo constitute retaliation an::: req,uimJ to immediately notify Human Resources or
!the Supervisor1Exccutive Secretary .
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: A report of retaliation. made in good faith. will not cause in any way to
Iret:aliatory act10lL However, an employee's report of a violation will not necessarily insulate that
'employee from disciplioary actiOIl. Further, if'he 01:' she is found to ha'ltikhowingly made a false
report of rctaliationor any form of harassment. the accuser may be disciplined for deliberately
making a false accusation.
\ II. Investigations
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An employees are expected to cooperate with investiPtions conducted by the inspector
jGeneml's Office. Employees must provide candid, honest aoswers to qucstiorlS ukcd of them.
IregardJess of whether they have lodged the complaint, are the subject of the complaint. or a
!witness. Obstructing or faiUI18 to cooperate with an investigation will lead to d.isciplinary
I ; action, up to and including termination..
Pursuant to Section 5(e)1 of tho Stipulation and Order refPUdlng appointment of a
Review Officer. ALL officers and employees ofthe ,District Council arc required
to report any misconduct 01' questionable acts promptly II.> the R.eview .Qfticer. A.fter the Review
tean expires, all employees ace required. to report any misoon4uct or questionable acts
j(i.ncluding theft) promptly to the Office of the lnspector General. l' iamployees who wspee.t
)'wrongdoing or corruption are required to report their suspicions oo:.,the Inspector General's
10ffice. Failure to report suspected wrongdoing may result in disciplinary action, up to and
!including tennination ofemployment." .
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Recruitment
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All employees involved in any aspect of the recnriting process will treat applicaot$ with
respect. The entire process of recruiting will be conducted fairly and honestly and all
I&Pphcants, unsuccessful as well as successful, will be treated with dignity. AU applicable federal
land state law rn.u& be adhered to during the recruitment process. .
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It is the policy of the Union. to provide emplaymeot opportlmities regard to
sex, age, religion" sexual orientation. national origin. handicap.
unfavorable discharge from military or any other classification protected by law. Our
. poliey applies to all employment decisions including recruitment" selection. hiring. training,
promotions. transfers. appnisals, pay. benefits. discipline. separation. Union activities, and other
!terms and conditions ofemploymellt.
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IA. Employment Sources
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The District Cou.ncil has the option to tum to any one or a number ofthe sources below to
flnd candidates for open positioDS: will be by a of
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I at least two members who have ditect contact With the caodidalc. and a thud pCdOD who ather
also bas dilect CODtaet with the caudiu. or contrillutDS to tbc decision making process after
'. gathering data from all parties who met with the caadidatc dlreetly as pad of a n:cauitruent
Iprocess. Potential C8Ddidate sources i.ncludc. bat are not 11mited tao internal candidates;
Icandidates who apply to job postiDgs and candidates soun::ed through employment apncit:s.
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IB. Selection Process , 1:
O.nce qualified appUeents (otbet' than Council Representative Cbdidates who must have
successluIly completed the 1 day and 3 day processes as detarminccl bj theUBC and as set forth
in the &y-Laws) have been ide:ntified. ODe or. combination ofthe following *PI may be used
to ascertain eaodidalcr. .
Telephone pre-screening interview (conducted to qwmtity information needed but
not identified on the application form andIorreswne).
In person ucbnical interView (one on one ot' group)
In person behavioral interview (ODe oo.ono or group)
., Skills tests (ex. Typing. Microsoftapplica&ionB)
Qut of Worle. Ust positions win be fined with candidatos found througbte:mporary
i staffing agencies. and will be him1 on a temporary to permanent basis. These caildjdates must
Inat have any known eonnecdan to our carpenters or Jipatory
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i Specialty positions. as de:5(;ribed in the Salwy' Program. will be filled by job postings
and/or.using candidates sourced t:hrough third percy remuiteIs. "
It All candidates must successfully pass a drug tests 10's office). criminal
background checJcs (conducted by ro's office). and in $OJ1lC cases credit checb (conducted by
.10's office) and complete a form 504. to be coosidend for pcnnaneat employment.
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I To ensure fairness, the same eombioation of steps and tools will be used to evaluate'all
iselected candidates responding to a partieular pollina. Questions asIred during interviews will be
Ias consistent as possible. and records ofquestions asked and answers ai'Yea will be maintained in
Ithe Hwnan Resources office per-tk-tenmr of the R.eeOrds Reteutiou Schedule.
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I Exceptions to this polioy may be made for hiring investigative positions, the Director of
iOperatiOlll, or the 1liI'ectorof()rpaiDngIArea Standards.

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llV. EmpJoyment, Work Hours and Wages
lAo Eligibility to Worlc/tJrthe District Coundl 'i.
'\ In accordance with federal law, of certain crimes are: generally not
eligibLe to be or remain employed by a labor Uwon for a pmod of 13 years followmg the date of
Iconviction or release from imprisonment. is later. The Labor Manasemc:n: Reporting
land Disclosure Act of 1959, lIS amended. Section S04 (29 U.S.C. 504). prohibIts persons
!convicted of the following classifications of from working for a labOr Union and for a
ilabor Union to employ such lndividuals:
i Sec. 504 (a). No person .. who ita been convicted of, or served any part of
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a prison tetm resulting from his conviction of robbery, bribery. extortion,
embez:dement. grand larceny. burglary. arson, violation of narcotics laws,
murder. rape. aSsault with intent to kill. assault which inflicts grievous
bodily iojw-y. or a violation of title U or Il[ of this Act. any felony
involving abuse or misuse of such person's position or employment in a
labor organization 01' employee benefit plan to seek or obtain an mega!
gain at the expense of the members of the labor organization or the
beneficiaries of the employee benefit plan or conspiracy to commit any "
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such crimes or attempt to commit aay such crimes. or a crime.in which
any ot the foregoing crimes is an element, shall serve OC' be pennitted to
serve....
Prior to commencing your employment with the New York City District Council, you
will be required to complete 811 affidavit of for Union employment (504&). The District
Council conducts cnnuna! background checks of all employees to verify the accuracy of the
disclosures' made 00 this affidavit. Your cooperation with this process) including but notUmited
to. completiog any. foans or authorizations needed to compiete this process, is an essential term
I,of )'001 employment. Moreover, if at anytime during your employment, after completing this
!affidavit of eligibility for Union employment, you are convieted of a crime which might affect
jyom: elig.ibility fOl: C90tinued empluyment. you must report it to your manager immediately. If
:you have any questions about this matter, please ask your m.aoager.
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I . Candidates seeking employment In positions that require .driving., such as Council
!\Representative,. are required to have a drivers license by a statein the United States or 8
territory which has reciprocity witb the United States. ..:
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B. First Six Months 0/
During the first six months of yow employment. you will receive one month, three
imonth. and. six month wriUen performance 1'IIVic'WS to ensure that yodr transition into your new
\positioa is a smooth one.
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le. Work Hours- Administrative Staff
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'l"bc office bows oC the District Council generally shall be 8.m. to 4:00 p.m.,
ilMonday tJuoush Friday. Any variation of work hours requires th.e prior approval of the
SupervisorlExeeutive Secretmy Treasurer or his AssistanL The work,week shall consist of seven
k7) hour work days or a thirty five (35) hour work 1Neek. No office employee shall work more
'than seven hours in any work day or thirty fiye (35) hours in any work week without the e;cpress
written approval of hislher administrative manager. Each employee shall be entitled to a one
hour unpaid l\Ulch period to be scheduled between 12:00 p.m. and 2:00 p.m. Tbe
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SupervisorlBXeeutive Secretary Treasurer or hislher designated representative may cbange work.
I\hours and schedules within bis/her sole discretion to improve operations. Any deviation from
lwork schedules must be approved in writing by the SupervisorlExecutive Secretary Treasurer or
ihis designated representative. All staff and clericltl employees shall submit It completed time
!sheet and aU other required documcntalion to tecIIIi"Ye their weekly pay.
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ID. Work Hours- Job Referral Department (Out a/Worklist)
The Job Referral Department (Out of WOIk List) opemtes from 6:00 to 1 p.m.,
Monday through Friday. These hours of operation may be changed:at the discretion of the
Council in oIder to meet the operational needs of the Depa:u;nent The normal work
eek Cor the Job Referral Department staff will be 35 hoUtS. However, staff is him! for different

hUb that have been or may be established during these hours of operation. Work. shifts may be
jchanged from time to time at the discretion of thC Department manager. Sporadic or daily
ioverttme may be mandated to meet the operational needs ofthe Department. If weekend work is
F,eded. staff may be -required to be either "on-eall" or present in the office, at 1he discretion of
ltbe Department manager. Failure to work mandated daily or weekend overtime or to be
iavaiJable for "on-call" status will lead to disciplinary action.
The District Council shall set the pay rates and pay schedules for all- employees. The
, astrict COUJl(;il wi)) establish an "on-<:all" compe.nsation rate that will be different from an
I ployec's regular working rate of pay. The regular payroll period shall be Monday through
friday each work. week. PayroU checks will be issued by the end of the scheduled work day on
friday. Employees must submit their weekly time documentation per current poticy.
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! E. Work Hours -Inspector General's Office
i The Inspector General's Office at times opeIates OD a GOntinual. 24 hour basis. 7days per
Iweek. The hours of operation vary based on the changing needs of the Department. Some 10
, office staff may be required to work a rotating shift. which will lnclude nights, weekends and
Iholidays. Works hours must be approved by the I.ospector General. Employees most submit
. i their weekly time documentation per current policy.
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F. Work Hours- Management Staff
I The work. year for mauaement is divided _ 13 cycles. each approximately 28 days in.
!length. The schedule of Gr. will be published on an annual basi&.. MaDapment staff is
I to Wmk a mininmm of one bundred sixty eight (161) hours per cycle. Hours cmlited
Itoward the 163 hour requirement include bours worked as well as hours taken foi 'Iacation.
ipersonal, sick, holiday, bereavement, jury duty, salary condDuation, long tenn disability.
'worker's comp. FMLA. and miUtary leave. At the beginning of a new cycle, hours earned
during the previous cycle are reset to zero. .
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Employees who reach the L 68 hour target prior to the end of a cycle may not cease
Icoming to work or use the additional hours to miss entire days of work. However, should a
Imanagement employee who has worked or anticipates working more than 168 bouts in a <lyele
\ request to work a shorter day. he or she will not be required to use partial vacation. personal or
Isick days. Work: schedules must be diseussed with and approved by your direct manager prior to
I implementation.
i Managemeru employees are required to complete their assigned taSks during or outside
1their regular schedules. Based on openltional need:!, they may be tequirW to report to work
!outside their standard schedules, even if they have already worked 168 hours in a particular
Icycle. '.
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Regular work schedules must be established and ilPProved by the employee's manager or
supervisor prior to implementation. Any changes to the work must be approved by the
employee's manager or supervisor in writing pr101" to occu.rnmcc:. The
SupervisorlExeeutive Secretary Treasurer or hislher d.esignaied. representative may change Work
j hours and schedules within hislber sole discretion to improvo operations. Management
!employees must submit their weekly time documentation per cutl'1mt policy.
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IG. Payroll and Wages
I The District Council shalt sot all pay rates and pay schedules for..!!!. emplo,eca. The
'\regular payroll period shall be Monday through. Friday eat;h work week. Payroll checks will be
issued by the end of the sdleduled work day on Friday. Payroll win make all required
l"'ithholdings from employees" paychecks, including FICA (Sodal Security). federal. state and
Iloca1 taxes where applicable. In the case ofdebts incurred by an employee. it is not the policy of
jthe Union to collect such omourus on behalfofcreditors except when required by statute or court
rrder. Salary or wage garnishment orders must be forwarded to Payroll immediately for action.
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. --h. Employees are .responsible for checking their paychecks or paystubs for aceuraey and
Ipromptly reporting to payroll any errors they may detect.
IH. Overtime and Double Time
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I Any hourly employee who performs work in excess of seven (7)'bOurs a day or thirty five
i (35) hours a week with written app(oval sbali be compensated at an overtime rate of ono and
lone-half (1-112) times their regular straight time ntte. However. subject to applicable law,
!employees who work more than' hours in a given day to make up for time lost due to lateness
Iwilt not be paid overtime for the hours worked to make their 3S bour worle week whole.
Approved work performed on Sunday and Holidays shall be compensated at double the
employee's regular straight time rate. Further. employees who work during office eloslng. such
!as weather emergencies. shall be con:qjensated at the double time rate. ifeligible.
I Representatives. Busines!l Representatives. Area. Staixlards Representatives .
1\ Inspector General Investigators and Officcn are among the salaried non-ad emplo'YCo,
,mauageme.nt) arc thetefoIe exempt from the Overtime and Double Time poUey. They are
Irequired to complete their assigned....duriagorootside'offtrle'hours:::: .
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I L Performance and SaldryRfilIIIItW6 .
To L'lal you perform )'OW' job to the best of your abilities. it is irnpoitant that you
be recognized for good performance and that you receive appropriate suggestions fot
improvement when necessary. CODSisteDt with this goal, 'fOUl' perfonnasce will be evaluated by
your maDalet on an ongoing basis. Employees of the District COUOCU will receive formal
doeumented perfonnancc RViews. wbicll will normaUyoccur annually.
! All performance reviews will be bascd.OD your ovemll performance in'teJation to yOUl"
Ijob n::5pODsibUilies aod will take into acc:ou:nt your conduct. dem.canor. ability to work in a team
!environment, and reoord ofattendance and tardiness.
i In addition to the regular performance evaluations desori.bed above. special written
1perfonnance evaluations may be conducted by your manager at any time to advise you of the
I existence of performance or disciplinary issues relating to your work.
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Employee salary increases will bo diGtated. by tile salary in effect. !mPkyec
salaries ill not be altered in 8Q maaner that is not s i&au 'tted in lbe
Reoomme ions tbr chanae to tho salarY propm shol1ld be made only in the event that new
changed O( that the salaries for at least one band require adjustment d.;tO
a chaose in rnarlcet conditions. Changes based on market conditions must be based on results
from publicly available, widely used salary surveys and not based on anecdotal infonnation.
IAmong the factors that may be considered by the District Council in the administration of the
Isalary program are: the carpentry industry rate of increase, individual performance evaluations,
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responsibilitios. efficiency. aceuracy, and lhe ""lily 10 """k well whh othoa. A ....:
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! cl1art listing salary bands and representative job titles will be released in the near future to
I supplement th[s policy.
V. Fringe Benefi1S
. Employees are referred to the Welfare arid Benefits departments for summary plan
descriptions for all benefits plans for which they are eligible.
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IVI. Holidays
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I District Council employees shall geaerally receive the paid holidays outlined below. The
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holiday will be observed on the day and date it occurs. If a holiday falls on a Sunday, the Union
: will observe it the following Monday. If 8 holiday falls on a Sat.u1day. it will not be observed
I that year.
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New Year's Day
PmJidents' Day
OoodFriday
Memorial Day
Independence Day
LabMDay
Columbus Day
Election Day (in a I'residential Election year only)
Thanksgiving Day and
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The day after 11lanksgiving Day
~ cny Christmas Eve ' ..
Christmas Day' '.
~ day.New Years Eve.
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The District COWlCit recognizes that due to the c:otebration of varioUs faiths. some
employccs may need to take particular day. off for the purposes of religious, obsei:vation.
I Employees with requests for leave to aeootnmodate religious practiceswiU be given priority, but
Idoes require the same notice periods provided inthe vacation policy. ,
No holiday benefits are 84::CUDlulatc::d or paid while an employee: is on a leave of absence.
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VII. Vacation
Afiet completing s.ix months of service. new employees are eligible for vacation during
. their first calendar year of service as follows:
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! Ubired between January 1 and June 30 One (1) paid vaeation week
If hired after July 1 Zero (0) paid vacaCiell
i Employees employed for a'period in excess of one (1) year shall accrue paid vacation
1time as follows:
I Employees with One (1) year Two (2) paid vacation weeks
\ but less than Five (5) years of
\ continuous service.
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Employees with Five (5) years Three (3) paid vacation 'Weeks
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but less than Ten (10) years of
continuous service.
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Employees with Ten (lO) years FeuI' (4) paid vacatiea weeki
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but less than Twenty (20) years
ofcondnuous service.
Employees with Twenty (20) Fivo (5) p'aid vacatiOn weeks
years of continuous service.
I Approved leaves of absence shal1 not be included in the calcnlation ofpaid vacation time.
IVacation pay wilt be wenlated at the employee>s current salary rate at the time tlw 'vacation is
I taken. Vacation pay shall be paid at regularly scheduled payday(9).
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I Selection of vacation periods must be approved by your- Department manager. As
Imanagement reserves the right to deny vacation requests. employees are strongly discouraged
i from making commitments prior to obtaining written approval from their manager to take the
I time off requested. Requests for two or fewer consecutive vacation days should norrmUly. be
requested of supervision in writing 2 days in advance of the first requested day off. Requests for
three or more consecutive vacation days should normally be requested in writing 1 week. in
advance of the rust requested day oft
Umged vacqJlon' daN may be carried over to the following calendar year. However, no
mere than five (5) vacation days may be carried from one year into the next year. If an employee
!has more than five (5) vacation days available at the end ofthe year. days oumber six (6) through
i ten (10) will be reimbursed at the rate of one full day's pay per each vacation day. Any vacation
Idays in excess often (10) remaining as of December 3ist will be lost.
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\ Exceptions to the vacation policy llUly be made at management' 5discretion.
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Leave Policies
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IA. Sick Days
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I Employees who have been employed for three (3) full months will be entitled to eight (8)
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days of paid sick leave annually. Employees requesting a sick day must notify his or her
Department ll1.8IlI1geI' or such other designated representative at least one hour prior to the start of
the employee's scheduled shift on each sick day or earlier. Iftbc ctnployee is unable to reach his
or bet manager. the employee is required to leave a voiccmail for him or her and to
icontaet tho Reception Desk at 212.366.7344, which opens at 8:00 a.m. The employee is
I to his or her manager each of absence, up until a sick note is submitted
i mdteatmg a partiCUlar day of return. Once this note has been submItted. employees may cease
i contacting management until the last day of absence as indicated by bis or her dectot'.
IEmployees who are absent are expected to be available to answer phone calls from management
and/or return phone eaJls from num.agemcnt. barring extraordinary circumstances.
The Union reserves the right to request a note from an employee's doctor if a
troublesome attendanee problem arises.
The Union requires a note from an employee"s physician foUowing 3 days of
Icertifying that the employeo is me<W::ally able to retl.UD to duty. .
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1 Unused sid davs will be in January of the following year. one day's pay for
each unused sick. day remaining at the end of the year. pro'Yided the employee has not received
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Short Tenn (Weekly) Disability at any time during the course of the year. .
Exceptions to the sick policy may be made at management's discretion.
B. Family andMedical Leave Act
In accomlUlCC with The Family and Medical Leave Act of 1993 ("FMLA',. the District
!Council will grant up to twelve (12) weeks of unpaid family and medical leave during a twelve
I (12) month period to eligible employees.
!Eligibilitt.
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: To be eligible for family and medical leave. an employee must have at [east tweJw (12)
!months of employment with the District Council. a& least 1250 hours of service during the
'\ Previous twelve months prior to the start of the leaveltbc date before the leave is to begic and be
employed ala worksite with SO or 0l0n:I employees. or at a worksite within 7S miles of other
worltsites, that combJned employs SO or more employees. For purposes of calculating the 1'2
month period during wbich 12 weeb of leave may bo taken, the 12-month period is measured
forward &om the date any employee's first FMLA leave begins. Successiw 12month periods
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I commence on the date of an employee's first use of such leave after the preceding 12-month
period has ended. Tbete is no carryover of unused leave from om: 1'2- month. period to the next
12-montb period.
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IRIQSPllS fOr Leave .
'\ Eligible employees may take an unpaid leave of absence under' the f'oUowmg
(1) the birth and care of the employee's son or daughter; (2) the placement of a
! son or daughter with the employee fur adoption or fosler care; (3) the care of the employee
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. spouse. patent Of' child who has a serious health condition; or (4) employec's own serious healtb
condition that makes him or her unable to perform tm: functions of his OT her position. Leave
taken in connection with the birth or placement of a child must be taken within the first twelve
moriths of the birth or placement; (5) fOr- qualifying exigencies arising out of the fact that the
employee's spouse, SOfI. daughter, or parent is on actiVe duty or called to active duty status as a
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Imember ofthc National Guard or Reserves in suppOrt ofa contingency operation.
IProceduru. .
, In requesting a family and medical leave for any reasons that are foreseeable, employees
must give written notice to the District Council at least thirty (30) days in advaOOe of1he- need for
a leave. If an employee fails to give advance written DOtic:c for foreseeable leave, tbe leave may
be denied until at least thirty (30) days after the date notice is provided. If the leavc must begin
in less than thirty (30) days. employees must give the District .Council as much advance notice as
is practicable. Notice should be given to tile employee's manager. 'Who in tum should notify
Human Resources immedioJ.ely.
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If leave is necessary for a planm::d treatment, employees must attempt to
schedule treatment so as not to disrupt the operations of the District Cowtcil. Employees should
, consult with his or ber manager prior to the scheduling of treatment.
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The District Council will requite employees who seek family and medical leave to
provide documentation ofthe need fur the leave for the timpIoyee's own serious health condition
ot the serious health condition of a. family member. A "serious bealth condition" is defined as an
,1llncS!. injury, impainnenl. or pbysical or' mental condition that invoJves, including but not
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. !limited' to. either inpatient care at a bospital or residential medical care faciJity, or -absence from
,work for more than three days for a condition that requires continuing treatment by a hea1th care
provider, or a chronic long-tenn health condition., ' _
Employees must provide a oompletcd medical certifICation by a health CafC provider as to
(It) the date the oondition commenced; (b) its probable duration; (c) appropriate medical facts
regarding the condition; (d) in the case of a family member. a statement that the employee is
needed to care for the family member and the expected duration of such need; and (e) in the case
of the employee's own illness, a statement that the employee is unable to perform the functions
ofUte employee's positiQD. Medical certificlitiOD forms are available ftom the Human Resources
: office. If an employee requests inte.nnittent leave or It reduced work schedule. the District
ICouncil also will require certification that this type of 1cave is medically nec:C$S8lj' and
Iverific:ation as to the dates and duration oftreatr:nent and oftbe expected. duration oftbc leave.
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! Employees must submit medical certifications with fifteen (I days of requesting family
Iand medical leave in connection with a serious health condition. Failure to provide adequate
Icertification in a timely manner may teSUlt in delay of leave. If the District Council has reuon to
!doubt the validity of the: medical certification. it may require that the employee obtain a iecond
Iopinion from a health care provider selected by the District Council at the Distrlea Council's
lexpense. If this opinion differs from the certlfiCalion. the District Council will
[ require, at its expense, a third opinion that is final and binding..
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\ Emplo,," Status 1Jyring l..tJayg
! During the period of family and medical leave, the Distrid Council will continue the
Iemployee' 5 ,group health care benefiU under the same terms and conditions as if the employee
Iwas not on leave. If an employee does not return to work following the leave for reasons within
Ithe employee's control. the employee will be Rqui.red to reimburse the District Council for an)'
1health insurance premiums it paid during the leave. .
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Employees may elect. at their own expense, to continue life inSUJ'anee, long term
disability or other employee benefits dlU'ing FMLA leave. Employees must pay their share of the
premiums on a moothly basis to maintain (:Overage. .
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i Employees do accrue vacation and sick leave dwing family and medica11eave. FMLA
time runs concummtly with paid time off used for the duration of the abseooe. such as sick time
and salary continuance.
During family and medical leave. the Distriet Council may require employees to report
periodically on their status and their intent to retmn to work. Employees on leave for their own
serious health condition or the serious health condition of It close family membec may be asked
Ito submit medical re-cenificationB from time to time during their leave.
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I Employees arc not permitted to engage in other employment while they are absent from
lthe District Council under this policy without the prior approval of the District Council.
IViolation of this policy may lead to disciplinary action, up to and including discharge. .
IEmployee Status Afjer LeCIWI
When an employee returns from family and mediCal leave. the District Council will
return tbe employee to the same position, or to another position that has equivalent benefits, pay
and. othec terms and conditious of employment. The Distriet Council may choose to exempt
,certain highly compensated individuals from this requirement. an employee bas no
Igreater right to reinstatement than if the had been continuously employed rather than
'on leave. Fot example, if an employ" on family/medical leave would have been laid off had
Ihelshe not gone on leave, or if the employee's job has been'eliminBted during the leave and there
.is no equivalent or comparable job available. then the employee would not be entitled to
!reinstatement . .
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1 The District Council will require employees on leave for their own serious heallb
lcondition to stlbmit. prior to their return. a rnedical certification from their health tare provider
IOf their ability to return to work. .
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Any employee who fraudulently obtains family and medical leave will be subject to
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immediate discipline. up to and including discharge.
C. Salary Continuance (Short Term Disability)
. If a covered employee. who hus been pcnnanently employed by the District Council on a
.1 full time basis for at least two (2) years, because of acGidentai bodily injuries or si.ckness. shall
I e c o n l ~ totally and continuously disabled and be preventedtbereby from performing any and
I every duty pertaining to his or her occupation., the District Council will pay benefits during the
I period of such disability at the rate of the employcc"s full salary offset by the amount payable
i under the New York DBL benefit, but not to exceed for anyone accident Qr sickness. the
I maximum number of months appropiate to the employee's years of service (in permanent, tuU
I time status) as shown in the following schedule:
Minimum Servk;e Maximym Benefit Duration
2 years 2 months
3 yeaI3 3 months
4 years 4 months
S + years 6 months
Such benefits shall begin. OD the first day of disability if the cause is either sickness or
accidental bodily injury.
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Benefits for an, disability due to pregnancy are paid for on the same. basis 8S for any
other disability. ' ,
Employees seeking saJary continuation, WIdo:r this benC6t must submit medicid
certifications- withinfi.'Ye (5) days from the fIrSt d8lC-of absenCe coverid by salary continuance.
FaiJute to provide adequate eertificatioo'in a timely manner may resUlt in dealal of the salary
continuation benefit. The District Councll may. at its discretion. require that tbeemployee obtain
a second opinion from a health care providei- selected by the District CoUncil at the District
: Council's expense. This appointment will be ~ by the Council and communicated to the
Iemployee. Failure to report to these mandatory medical appointments will result in cancelation
I of salary continuation coverage. and the employee will be responsible for reimbursing the
! District Council for salary continWiuon moneys already paid for that absence. Should the
employee refuse to reimburse the Council for these moneys. he or she may be subject to
discipline. up to and including discharge.
Further, under circumstances where the District Council bas reason to believe that the
I medical certification from ~ employee"s provide.f is false, the District Council may place tbe
1 employee under surveillance. Shouid the resnlts of surveillance subs1antiate that the claim filed
I was fraudulent, the employee will be tenni ..nated and charges may be filed against the employee
! by thf: District Council with appropriate law enforcement officials.
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If the opinion ofthe second health care provider differs from the employees certification.
the District Council will requin; at its expense. a third opinion 1hat is final and binding.
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If a coveted employee's disability continuea beyond six (6) months, the benefits payable
shall be in accordance with the terms and conditions set forth in the Long Term Disability
'I' Income Insurance Policy underwritten by SUD Life Insurance and Annuity Company of New
York..
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An employee may take and be paid for a combination of'Ill.e Family and Medical Leave
IAct (FMLA) and Short Te.rm Disability up to six (6) months.
IDo Personal Days
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I Employees are eligible for six (6) personal days each year. New employees hired after
1August 30 are eligible for three (3) pemmaJ days dwing their first calendar year. Personal days
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may be carried forward to the following calendar year and will not receive
payment for unused personal days. Personal Days should be requested m wnwg at least 2 days
in advance. Requests for personal days wiD be granted at management's discretion.
I Exceptions to this policy may be at management's discrCmon.
E. Bereavement Leave
Employees may take three days ofpaid leave for tbc.death of an immediate
family member, i.e., spouse, domestic partner, child, parent. parent-in-law. brother, sister. or
grand.patent. When tJavel or unusual circumstances are involved. the excused absence periOd
may be five days or longer, at the discretion of the District Council. Bereavement is time off
scheduled at the time of passing. not at a later date.
Exceptions to this policy may be made at lJUUU1ge1lleot's discretion.
iF. /uryDuty
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. Employees who are required 10 serve 00 Jury Duty will be excused from work and will be
eligibJe to receive full salary while on Jury Duty: During Jury Duty, employees are expected to
report to work when it dOC$ not interfere with Jury Duty. Your receipt of a to report for
Ijury duty must be reported immediately to your manager.
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!G. Military Leave
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! The District COWICil's policy is to comply with all applicable laws that affurd protection
Irights to employees serving duty with the military, th ReserYc and the National Guard. .
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I There are two situations in which military leave is granted: temporary military duty
'-" (including summer encampment) and active duty. The Union will supplement pay for up to ~ o
weeks per year for employees servina temponuy military duty. For active duty (such as dunng
. the war with Iraq) or enlistment. leave will be unpaid. Upon yom return from military service
you may be eligible for reinstatement as provided in the Uniformed Services Employment and
!Reemployment Rights Act.
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t Ifyou enlist Of are t::a1led to active duty, your benefits will not continue beyond the end of
.j the month in which leave begins. Requests for military leave should be forwarded to YOot
Imanager.
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IX.. Substance Abuse - Drugs and' Alcohol
r The District Council is committed to a drug free woIkplace and will not tolerate
. substance use or abuse that can nep!ively affect.the health and well being of its employees or
the District Council's reputation and/or Legal obUgatioDS. To ensure that this policy is followed.
the Distriet Council performs random urtannOunced drug tests on its employees. Employees with
a .substance abUse problem are encouraged: to ~ l i z e the benefits of the Welfare Fund to seek
Ilelp without conce.m for their job security. Employees who do not voluiltarily seek help for their
problem and who subsequently test positive for the presence of iUeIPl:'drugs. wilJ be.subject to
disciplinary action up to and including dischqe. Further, interfering. obstructing. or failing to
comply vritb requests for immediate W'I8IUlOunc:;ed drug tests will resuk in termination of
employment .
The'Dlstrict Council prohibits the use of~ ~ during work.ing hours. on work premises
including work sites where members are working and where the employee is representing the
Union. There RUly be approved consumption of-alcohol during Unionsponsoted business or
soeial functions. Under these circurnstancea. employees arc expected to behave responsibly and
in a professional manoer which meets reasonable safety standards.
1 x. Health and Safet;y
General Policy
lAo
I Tlte safety and health of our employees and members comes first.. Management is
'I committed to doing everything possible to preVent injuries and maintain a healthy environment.
Accordingly. the Union will:
. provide effective accident prevention and occupational health management as a
\ line organization responsibility
provide sate. efficient and healthfUl work conditioDS
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I provide and/or arrange for appropriate medic:aJ services in case of injury on the
job . .
maintain reasonabJe rules and procedures and effectively communicate these rules
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and procedures with employees at every level
encourage employee sati:ty and health. both in and outside the workplace
promote acddent-prcvention by actively seeking the full cooperation of
employees.
I AU employees are required to comply with the Occupational Safety and Health Act as
! well as other state laws. We are required to make safety and health a part of the routine
and to ensure that we are following safe work methods and relevant regulations.
B. Injuries, Accidents andEmergencies
Employccs must infonn their immediate manager of any on-site or acci.dent,
regardless of the nature or severity. at once,. whether or not work time is lost. Employees should
also inform their immedia:te manager of any circumstances involving workplace violence or
threats of violence' made by any or any situation that could lead to violent
confrontations in the work plac;;e. Human Resources should be notified immediately. In the
c'\Ient that the health and wellbeing of the employee or other individuals are in jeopardy. call 91 t
I at your earliest safe opportunity,
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In the event that an accident does take place in the work. place, management will
investigate the accident with appropriate follow-up and will take corrective mcasw-es to avoid
recum;nce. when applicab.le.. The manager of each department or workgroup that experiences an
accident is responsible fOl investigating. reporting and following up: 'It is the respOnsibility of
the manager to see that the sick or injured person receives medical assistance without delay and
report the accident to Human ResouI'(;eS immediately.
AU accidents, even those initially perceived as minor,' must be to protect the
individual and the Union in .the CVCllt that complications arise later on. AU injuries. whether
minorQr serious, should be reoorded and logged in a binder. A sample and IUnesg Report
is available through Human Resources.
The Union carries a Workers' Compensation Insurance policy. It is the responsibility of
j each employee to: .
I assist management in ensuring that all possible hefp is given to any perllOb in case
ofemergency involving injury or accident, and
\ report immediately any injury reived on the job, regardless of how minor the
injury.
This ensures that that proper I1'e8.tment i$ given to the injured. protects the Union in case
. of complications and ensures prompt payment of Workers' Compensation benefits when
i applicable.
IC. Employees Who' f.eave Early Due Co an Accident
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I Employees who leave with permission 'before completion of their scheduled WOTking day
due to an accldeRt are paid for the balance of their scheduled hou.rs.
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E. Evacuation
The District Council will take steps to develop ancrQency evacuation procedures so that
employees may evacuate the building during an eme.rgtmey in a quick. order'ly, and safe fashion.
In an emergency, 811 employees must fo1low instructions received by h.isIhcr immediate manager.
Employees must be familiar with the location of exits, fire alarm and fire extinguishers.
In the event of a building evacuation at 395 Hudson St1'tllet, employees will gather on the
Northeast corner of Hudson and Clarkson.. in front of the pork.
Discipline and Discharge
Misconduct .
It is essentiaJto the efficient opemtioil of the District CouncU that we treat our fellow
workers and our mem.bcu in a professional and courteous mauner. The following employee
conduct wiD not be tolerated and may subject that employee to immediate diseharse:
Falsification of employment reeords or other District Council n!:COrds. including,
bul not limited to, attendance records and employment applieatlous;
Harassment. inCluding sexual harassment;

Violations ofthe computet usage policy;
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ViolatioDS of the records retention policy;
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Violations of the expense policy;
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A<:tu.al or pen:;eived conflicts of interest;
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Defacing, abusing or destroying Union property or work.
Unauthorized absence from your \1tIOric area during work. hours;
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Sleeping during scheduled work hoW'S;
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Insubordination 9 failure or refusal to follow the reuonabie, safe instructions of a
manager, including refusal to accept a job assignment or direction. or overtime, or
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unreasonable refusal to maintain contact with District Cowicil management;
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Usc or unauthorized possession of intoxicating or unlaWful substances
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on District Council premises, or reporting to work under the .influence of such
substances;
Unlicensed. unauthorized possession of a weapon on District Council pRmises;
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Gambling or possession ofgambling devIces on District Council pIClIlises;
Creating or contributing to unsafe conditions at me District Council by act or
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o m i s s i o n ~
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Physical or verbal abuse of co-workers or visitors, including throwing things at a
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person. wrestling, pushing or tripping;
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Falsely stating or making claims ofinjury;
Misuse ofUnion ~
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I Using confidential information for reasons other than proper work related
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activities;
Accepting gifts or gratuities. except for hoUday gifts or smaU tokens fiom
empJoyees;
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Unauthoriud possession. use or copying of District Council records:. or disclosure
ofcOnfidential information ooiUained in such records to uriautborized persons;
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Dishonest)' of any kind. or negligent or deliberate destruction or misuse of

property belonging to the District Council or to any employee;
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Excessive and/or unexcused absence or tardiness or failure to follow the District
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CouncU's call-in proc::edure;
I Solkiting tips or gratuities;

Disloyalty, or any act that tends to portray the District Council in a bad light;

Inducing another employee to commit any breach of the foregowa rules or

regulations;
Indirectly btcacbiDa the foregoing rules through another individual;

Theft or misappropriation of Union property.
This Ust in not all-inclusive and employees may be disciplined fot additional common
sense violations of District Council policies and plQCedures other than those ennmerated above:.
This includes involvement in colTUption.
IB. DIScipline
In any organization, it is important rhat all employees work together so that the rights and
interests of both the organization and the employcc::s are assured. This is particularly so at the
District Council where any failure to adhere to high standards of conduct may affect our
reputation and ability to serve our membership. Beea.use the safety and comfort of everyone
depends' on these rules., violators may be subject to discipline leading up to termination
Idepending on the nature and frequency of the offense. We ask the cooperation ofal! employees
t of the District Council in the observance oCthese: policies.
I Each manager is responsible for enfOn:iDg the rules and administering discipline in a fair.
I finn and consistent manner. Disoipllnary measures shall take into consideration:
I The: nature, circumstances and seriousness of the conduct for wtiicb discipline is
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being considered; .
Iftho behavior involved unethical conduct Of inadequate/poor job performance. or
bod!;
Ifthe incident involved either an honest enor or intentional misconduct;
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The employee's degree of forthrightness in acknowledging the offense. and
providing information about hislhcr eonduct;
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The employee's prior record, including the extent to which the employee received
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related discipline in fhD past;
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Length ofservice;
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Any other applicable extenuating circumstances.
\ Examples of cotteetive action. short of discharge. are oral reprimands and counseling.
: written reprimands, final warnings. aU iac:lusivCl.final wamings and/or periods of suspension or
i probation or In addition to the provisions set forth in the By-Laws, suspensions
I(except those resulting from Review Officer activity), Final Warnings and All Inclusive Final
IWarnings must be reviewed by Human Resources and tho Review Officer prior to administration
i and approved by the Supervisor or Executive Secretary when possible.. Tonninations
mUSl be reViewed by Human Resourt:eS and approved by the Supervisor or Executive Secretary
Treasurer. Terminations also I'll\lSt be reviewed by the Review Ollir. Tenninations, Final
Warnings and All Inclusive Final Warnings must be copied to the attention of the Chief
Compliance Officer. . ,
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A record of any disciplinary action wiU become a pem:wteot part of an employee's
personnel file and mayor may not. in the District Council's sole discR!tion" be consideted. in the
I event of a subsequent disciplitwy eveot or when evaluating employees for pcrormanee review
purposes or when considering them for promotional opportunities or tnmafers.
C . Employee Complaints
Notwithstanding the description of disciplinary procedures described above. the District
CouDcil reserves the right, in its sole disctetion. to mete out discipline in such manner as the
, circumstances warrant. ifany employee believes that belsbe luis been unfairly disciplined hcfshc
!may submit II compJajnt in writing to hblher immediate manager. the manager's manager or
lHuman Resources.. . .. . .
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Separatlon of Empbyment
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'I The contents of tbis Dlalluat are presented as :a ..atter of iafor...tion only. Nothing
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in tbi, manual C!onstltutes a promile by the New York City District CODDeiJ to give or
!Ilia'ntaln any beneOt or to' contiaDe indefinitely the eaapteyment of any penon. The
provision. of this section are aot to be undentoQd as a promiae or contract between the
District Counril and its employees. Employment is for DO defiD.ite d"ratioR. 'No manager
. .. or other npresentatlve of the District Council baa the authority to parantee employment
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of any person for any definite period of time. You lIlay 'Voluntarily discontinue your
employmeut at lOY tim. aad for allY reason. It is within the Districl Council'srlgbts to .
terminate any person, with or without for Iny reason not otherWise prohibited by Jaw..
However. involuntary tcnnination of an employee will not be patuitous. Acceptable reasons for
termination are poor job pcrformaIicc (prior counseling required under extreme
c.ircumstaM.n). wrong doing (not limited to conuption or iUega! activity), poor judgment, job
!abandonment. excessive absenteeism. positive drUg test results. elimination of position. or
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I Review Officer veto. "
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lAo Resignation
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If you resign, please give the District Council at least two (2) weeks' notice and submit
Iyour notic;e in writing to your manager.
lB. Job Abandonment
t If an employee is absent from for three (3) consecutive "days without notice, the
,manager will make every effort to contact the employ" by phone. "It is the reSponsibility of each
employee toinfonn the District Council of changes to hisIher phone number or address. If DQ
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contact can be made, the Union wiJJ seoo a letter to the employee advising him or her that his or
\,her absence is considered a voluntary resignation and that employment relationship is terminated
Ias of the last day worked. Should the employee contact the Disbict CoUncil and a reason
lfor absence that is not acceptable to the District Council, he or she Will be considered to have
resigned. Separations forjob abandonment. be di$oussed with HUrnim Resources. .
EmplQYees who resign. with adequate notice will be paid for ,accrued and unused vaeation
time up to ten (10) days, unused sick time up to six (6) days. but not unUS4:d days.
Employees who abandon their jobs are not considered to have met these notice requirements and
are not'eligible for payout of accrued UDUSed vacation and sick time.
C. Dischargefor Willful Misconduct
Employees disc barged for willful misconduct. such as absenteeism., will be paid fof
accrued and vacation up to ten (10) days. but not for unused sick or personal time. AU
Iinvobmtarily telIDination$ must be tcviewed by H\U1W1 ResolU"CCS or 1heRevicw Officer prior to
execution and approved by the Supervisor or Executive Secretary Treasurer or, in the ease of
vetoes of employment. the Review Officer. The Chief Compliance Officer shall receive notice
ofsuch intended actions.
D. Other Termination
I If the District CQuncil tenninates your employment for reasons which are not your fault
I(Le. lack of wolk. restructuring) and you have at least one year of consecutive full time service,
IYOU may receive, at the discretion of the District Council. either one week'!': notice or one week's
,pay in lieu of notice. You will also be paid for accrued and unused vacation time and unused
lsick lime, but not unused personal time.
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" ! Regardless ofthc reason for the separ:atiog employee's manager must collect
tal.l Union property. including keys. JD cards. photocopies orUnion records, laptops. cell phones
Iand other: Union property prior to the employee"s departure.
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*11. Work Rules
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!A. Dress Code
All employees are expected to present a neat. businesslike appearance on the job.
IB. Lateness andAttendance
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i AU employees hilVC a fundamental responsibility to the Union to report to work.on time.
and work a. tun shift. Management has the responsibility to the Union and its employees co
elearly commllDicate attendance policies to staff. regularly review absence and lateness. inquire
promptly into tbe reasons for absence and lateness, counsel employees as needed, and take
prompt action. including diKiplinary measuxes. concerning .,emlstent attendance problems.
Employees are required to report to work at their schedule starting time and to report to
theif Manager prior to the start of their shift if they are . going to be absent or tace and why.
Employees are expected to mae good faith efforts to notify their r:n3IlagerS, including leaving
voi<:emai.Js jf they are not able to reach supervisioD" and also to contact Front Desk after g
. ,0-.
I a.m. to leave a message for supervision if they are unable to contact them otherwise. In the event
Ithat they leave a emplgycos arc expected to be available to receive return phono calls
Ifrom supen'ision. See pollcies on sick leave and vacation leave for details surrounding
. I appropriate notice periods.
Further. administrative staffand Out o(Work. List employees who report to work late are
required to make up the lost time. They are expected to Inake up lOst time the same day they are
fate; exceptions to this pmctice must be"'apptcved in &dvance in writing by their manager and the
time MUST be made up during the same pay week. in which they were late. Failure to make up
lost rime during the .same week in which the latene3S occurred will result in a reduction in wages
to retle#J' the amount of lime that was worlced. Time missed will be rounded up in hour
increments. For example. if an employee was 10 minutes late for work on Tuesday and did not
make up the 10 minute$ that week, flo or she would get paid for 34 !1 hours worked for that
week. .
c. Time Keeping Documentation
To ensure that our employocs' time is PfOpedy llCCO\Ulted, the Disltict has
imp1emented various time keeping docwnents which must be completed by employees, approved
by their managers, and submitted to the appoiated time record keepq OD a regular basis. The
\ documenb requbed may V1ItY based onjob function. These..,quiremeDl$ wm be COIll1mlPi--:
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to }'Ou by your manager andIor Human Resources. Failures to authorize. or maintain
these documents reliably and on a timely basis may result in discipline.
ID.' Smolclng
I The District Council maintains a environment. Employees who smoke are
I directed to do so only in designated smoking areas and during. luncb periods or- breaks.
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E. Telephone Use
\ PClSOnal phone use must be kept to a minimum. Five minutes pel' personal phone call is
Iconsidered excessive. Three personal phone calls a day is considered excessive. Continual.
excessive phone use will subject an employee to immediate discharge. This policy covers use of
Union phones and personal cell phones well as texnng.
F. Entertainment and Gifts
Employees are expected to report to work. physically and mentally able to perform the
C$$CIlIial functiOIlS of their job. with the exception ofa reasonable for those with
a disability. An employee who uses or is under the intluenoe of alcohol and/or controlled or
illegal chemical substances during workiui hours or in other rucllnlstaUces that with the
requirements of his or her job is in violation of the: Union"s policy concerning alcOhol and
chemical substance abuse. These actions constitute significant infractions and may lead to
immediate termination of employment.
H. Conjfdentialit;y and Release ofInformation
. Many of our employees wk with infonnatioD. procees or data that must be kept
confidential in order to protect the interests of the Union. Employees are reminded that
information such as personnel 01' payroll data. contmet files, member files. etc.. is confidential,
and should not be disclosed to others unless they need to know. If you are unclear ifconfidential
infonnation should be shared, please coutac:l your mana&er. To protect confidential infonnation.
employees are reminded to:
Store confidential information in'approJniate locked files when not to
Avoid displaying and discussing confidential infonnation. excePt wben required
! to perfoun a job; and
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Immediately inform your manager if any confidential infonnation is lost or
missing.
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!I. Employee Records
I AIl employee may request to review his or her personnel file in writing to Human
IResources. Human Resources wUl arrange a time that is mutually convenient. The files are to
!I be viewed in the Human Resources department and are not to be removed. It is the teSpOnSibility
ofthe employee to notify his or her ma.nageI' ofany ehanges to current information.
I The Union will coope:tate with fedeial and state agencies investigating an employee if the
investigators furnish proper identification aDd a subpoena or other form of process or legal
documentation. Thitd party requests require legal proeess or the consent of the employee.
EmpJQyee files will abo be disclosed for PUI'pOfIOS of litigation or in preparation for litigation, or
as otherwise required by law.
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Employment Verifications
1.1.
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Inquiries involving verification of employment and salary infonnation are to be directed
to the Human ResoUlces department. who will verify information that the employee has
provided. These inquiries could be trom prospective employers. mortgage/finance purposes. etc.
If at ail doubtful as to the legitimacy oftbe request. a written request may be required by
Human Resourol':S. who will contact the employee to agree to the Ce1ease of appropriato
iofonnation.
The Union wili not provide references apart ftom verifyin. dates ofhire. salary. and job
!title.
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!K. Public Relations
I With the CX:ception of the SuperVisor. Executive Secretary Treasurer or Department
Heads. no employees sball give any interview to, or take part in any discussion or conversation
with the press. radio, or teleVision bodies regarding any aspect. of Union business Without first
contacting the SupervisorlExecutive Secretary Treasurer.
L. PubliC Representations on Blogs, Sodal Netwo,.klng SiteS, and Other
iInternet Sites '. . '
The District Council recognizes that social networking sites, internet blogs, and other
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fonns of internet-based public posting technologies have become a key way our employees may
. choose to k.eep in toucb with people in their personal lives. However, in oni" to ensure that
social networking sites are not used by employees in fl manner that banns the Union. ilS
employees or members., we have created the following rules for use:
Do not post any comment or picture involving an employee, voiunteer or member
ofour Union without their express written consent.
If you. post any comment about OUl' Union. you mll!t clearly and eGsupicuously
state that you an: posting in yoW' individual CilpaCity and that the views posted are
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yoW'S alone and do oot represent the views ofour oraaniution.
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Unless given writtcD consent. you may nOt use our Union's logo or any
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orsanitatioaal material in your posts.
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AU posdngs on social media must comply with our policies on confldtmtiality and
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disclosure of proprlewy infonnation. If you are about the confidential
natul'e of infonnation you are considering posting. consult with the Supervisor or
Executive Secretary Treasurer, who is in charge ofthese matters.
Do not link to the organIzation's website or post any agencY material on a social

media site without written pemUssion from the Supervisor or Executive Secretary
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Treasurer.
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! Don't forgot that you arc responsible for what you write or present 00 social
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i media. You can be- sued by other employcc.s or any individual that views your
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social media posts as defamatory. or QlC1lting a hostile work
envb:o:n.1nen1.
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An organizational policies -&hat regulate off-duty conduct apply to social medi a
activity ioeluding. but not limited to. policies r:elated to illegal harassment, code
of conduct, nondisaimination. and proteding confidential audlor proprietary
information.
Employees may not use organizational equipment for non-work-related activities

without permission. Additionally. use of social networking sites should not
interfere with your duties at \YOrk. We reserve the right to monitor the usc of our
electronic communications systems to c:n5uro compliance with this resblction.
Violation of this policy may lead to discipline up to anci'including the immediate

termination ofemployment.
M. OUtside Employment
Employees who work other jobs on their own time must remember that their -fU'St
responsibility is to the Diltrict CoW'lcil. If a .second job leads to a. conflict of intest. the
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employee maybe asked to choO$e between tho two pOsitions. No employee may use District
Council t'e$OUfCe$ or work day hours to perform outside employment duties. An employee who
perfonns outside employment duties on Diatriet Council time. utilizes District Council resources
j without approval, or if such oumde employment is inconsistent. or in competition witll. the
jDistrict mission or organizational-functions, will be subject to discipline. Employees
Who think. that their outside empAoyment may create an actual or perceived conflict of interest
{see Ethics Policy} sbould conlaet Human Resources for guidance andIor evaluation.
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IN. Intimate Relationships in the Workplace
While the Union does recognne that romantic and/or intimate relationships may develop
within the work environment" we urge employees to exercise caution when engaging in such
I relationships. Further. romantic or intimato relationships between people within a reporting
structure (such as a manager and bIs or her employee) are forbidden. and must be diS(;losed to
Human Resources for review.
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o. State a/EmergenCy
At times. the bours of operation of the Council may be disrupted due [0 extreme
I.and unforeseeable circumstances.
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I Whero weather or transportation conditions exist that make it extremely difficult to &mvel
;to work and the office is open, employees who do not report to work will not be paid unless their
; manager autboriz.es a vacation day. who arc 1* for work and have made reasonable
efforts to come to work will not have pay deducted for time lost and administrative and OWL
staffwill not beexpected to make up for lost time under these circumstances.
1 When weather or transportation eonditions or ot.het- disruptift conditions exist which
resuit in the office being employees will get paid for the shift they were scheduled to
work the day of the office closing. Employees who scheduled a day offon the day ofthe cloBin&
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I will be charged for the day off. '
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! For lnfonnation on office please call the District Council Announcement Line at
j2t2.366.7548.
. Please note that although we will strive to ensure Out of Work List remains open.
even during etnetgeDCies. the safety of our staff is of pammount importance. Out of Work List
management viiIl contact staff members to determine if it possible for any employees to safely
report to work dwiog a stotm emergency. Transportation may be provided under particular
circumstances. Out of Work List staff who report to work during an emergency office closing.
per WTangemeuts made with management. will be compensated at a double time rate. per policy
IIII-H. ' . .,'
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p. Storage 0/Electronic Fifes
AU work tiles are property of the District CounciL Electronic files mUst be stored on the
employcc's mapped network drive, which is backed up on District'Council ScrvenJ. Employees
I must store all drafts of doc\lll1Cnl$ they create if substantive changes have been made between
dxafts.
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Electronic Information Systems (Computers, E"mail, Voice
IMailp Internet access)
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I The District CouncU's resources incJude computer hatdwaru and software and electronic
' (UB-Mail") and voice mail systems. ThIs policy addresses the use of theSe systems and
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A. BusIness Use
The District Council's computers, E-mail.. lntemet access and voice mail systems are
intended for business use only, both internally and externally.: Although the District
permits occasional personal use of this. equipment and. systems. personal use should be kept to a
I minimum.
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The Disrrict Council strictiy prohibits the use ot E-mail and other information systems of
the Distriot Council in a way that may be disruptive, offensive to othen or harmful to moralo.
I There is to be no display or transmission of sexually explicit DSes. messages or: Or
Iany transmission or use of Emai1 or o1her eommunications that contain ethnic slurs. racial
!epithets or anything that may be construed as harassment or disparagement of others based on
their rac;e. national sex. sexual oriemanoo. disability. idigious or political beliefs. or
any other personal characteristics protected by law. The District Council's policy against
1harassment and discrimination fully to the U$C of Distr1\lt Council"s equipment and
systems..
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Employees using oue systems are required to store all electronic documents on the shared
network drive. If you are UIl$Ut'e of whether you are using the COITe4rt drive. please contact
.1 Human Resources.
IB. Access to Electronic In/ormation
"The Distr.ictCouneil reserve.sthe rig!lt to review and disclose all clectronic;:dowment3
(meaning word processing doeuments. spreaashcets, databases and computer files Or all other
kinds) and messages (mcluding E-mail. Internet ac;cess and any other means of electronic
communication) that are stored Of processed on the District Counoil's computers or other
equipment, including such"documents and messages that do not relate to the 'Dianict Council's
business. Use ofthe Unioa's electroaic communications systems, including celJu.lar phones.
constitutes consent to electronic tracking and monitoring. '.,
j Aumorized representatives of the District Council l'bIly review such information for any
Ipurpose related to District Council business. 1bese purposes may include- retrieving bu$iness
.' information, trouble-shooting hardware atid software problems. preventing system misuse.
investigating aUscoud:l.lct, assuring compliance with software distribution policies, assuring
compliance with applicable legal requirements. and complying with legal and regulatory requests
for information.
, It is possible that others may access (Le., view, listen to, copy, print,. etc.) electronic
Idocuments and messages inadvertently. In addition, in some instances, some degree ofre1rievaJ
Iis possible even of electronic documents or messages that have been "deleted" by individual
II system users. For this reason employees are asked to be particularly mindful of their use of the
1security of the electronic communications systems.
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Access to the World Wide Web is restricted to legitimate businesJ use, business
educational purposes, and reasonable persooaI U5C.
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Ic. No Privacy RIghts
I 'at ..1...... D' .
i The computers., cellular telephones and other resources and materi s to Istrict
!Council employees arc District property,. District Council have
Iright or expeeWion of privacy, With respect, to. stomi on or tn. ?nrtrict
1property or with respect to their usage of C:oUDCll property. t,be DiStrtct
I Council reserves the risht to traclc. i..Qtc.roept and momtor the usage of District Couned property,
The District Council also bas the right to search and review District Counc:il property to ensure
compliance with District Council policies. In using pwperty provided by tho District Couacil. all
employees waive any tight to privacy with regard to iufonnatiOIl stored on or within them or
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with respect to their usago. As a condition of your cmploymenl, you must coastml to the
I foregoing. including the right to track: your usage of District Council vehicles aDd lO intetc:ept
I and monilOr your communications when using District Counsel propeny.
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D. Enforcement ofPolicy
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Any employee'who becomes aware of misuse of the District Council's equipment and
systems should report the matter to his or bet manager, Violations oftbLt policy may subject an
employee to disciplinary action, up to and including discharge.
Records Retention Policy
BACKGROUND
Best Pm.tices of an organization include implementing and maintaining a document
retention policy. In that regard. a "Stipulation and Order Reprdina Appointment of a Review
Officer" ("Stipulation and Order") by and between, among others. the United States Government
and the New York City and Vicinity District CounCil of Carpenters. became effective on June. 3.
2010. (United States v. District COuncil, el aI., 90 Civ. sm. SDNY (RMB).)
I Under Paragraph I <al ofthe Stipulation and Order. the "District Counell" not only
I the New York. City and Vicinity District Council ofCarpenters, but also iocludes "all coostitucnt
llocal unions. as well as the New Yode. City District Council of Ca!penlers Retirement &: Pension
I Plan for: Officers and Employees and any other fund or plan now or in the futul'e for
Ithe benefit of the Dmnct Council', employees or officerS as defined ill 29 US.C. 1002(3)."
! Accordingly, for purposea of this ReCords R.crentlon ("SCHEDULE"), the COUNCIL.
j as referenced herein. shatl be the "District Council" as defined in Paragraph l(a) of the
Stipulation and Order.
The records and documents of the COUNCIL are imporlant to the proPer functioning of
the COUNCIL. including its efforts to comply with the terms of the Consent Decree and
Stipulation and Order, and.. therefore. must be preserved in with this SCHEDULE.
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WHAT IS A DOCUMENT OR RECORD UNDER.. THE SCHEDULE? The
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COUNCIL's records and doCuments Include. but are nOt limited to. !iI [coord! and documents
produced by employees, officers, delegates. stewards, and. committee members, of the
COUNCIL. while acting for or Oil behalf of the COUNCIL. regardless of physieal.form or
characteristics (e.g., paper or etectrorlic). A cecord 01' document may be as obvious as a
memorandum. aD e:-mail. a contract, an affidavit prepared pursuant to an investiaation. or
something not as obvious, such as a computerized desk. calendar. an appointment book., or an
expense
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I II. PURPOSE .
To comply foUr with all applicable laws. the Consent Decree and Stipulation and Order
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entered into in United States v. District COlDlCil. d cl.,9O Civ. 5724 SONY (RMB), and to
tprevent the proliferation of c:iocumcntl and records retained' from resulting' in an uncontrolled
Icollection 'of duplicative and unneccsstu")' materials. the SCHEDULE provides mandatory
guidelines for the pi'esenation and, only when appropriate, destruction ofrecords.
m. W'HEN DESTRUCTION OF DOCUMENTS MUST CEASE .
The COUNCIL requirea all employees, offieers, delegates. committee members. and
stewards., to fully comply with this SCHEDULE. with-the foUoWins. genetal exception to any
stated destruction schedule:
!. '..' .
I U any COUNCIL records or doeomenta are or may be ...t to a government
invesngatioa. $utJpeeaa. or .udit, 01' any civil litlgatiOD, or dvil "tigatioD (i.e., 8
dispute or demaad tlaat is rusoD.blyexpeeted to result in litigation), then the COUNCIL
must preserve tllOft records or dec...eo.ts ontU the COUNCIL'S lepl counsel detenul.e,
the records and documents are De "BIer oceded. DISCARDING. CONCEALING.
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MODU'YING. Oil FALSIFYING ANY SlJCB DOCUMENT IS EXPRESSLY
FORBIDDEN.
The COUNCIL will suspend the SCHEDULE upon learning of any actuQI or potential
investigation. audit, or litieation. Such suspension SUpersedes any previously or subsequently
Iestablished records destruction date for those rceords or dOcuments. The COUNClL will also
I send a notice to all employees who may have or know the wnereaboutl of any records
!.relevant to the investigation. audit, or litigation informing them of the need to preserve all such
documents.
After suspending SCHEDULE. the COUNCIL will take proactive measures to
identify. locate. and segregate any record relevant to the actual or investigation. audit,
or litigation.
, ',t
i If any COUNClL employee. officer. delegate, committee member, or steward. receives
,notice of any potential litigation. investigation, audit, or subpoena. they shoul.d contact
ICOUNCIL legal counsel inunediately.
I IV. THE SCHEDULE
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I Specific laws require the COUNCIL to maintain certain types of records and <Iocumenis,
Iusually for Ii specified period of time. failure to retain those rccOl'ds and documents for those
\ minimum periods could subject the COUNCIL to cause the loss of rights, obstruct
I spoil potential evidence ill a place the COUNClL in contempt of court, or
I seriously disadvantage the COUNCIL in litigation. .
(
i The COUNCIL's SCHEDULE establishes a retention. or destruction schedule for specifIC
Icategories of records or documents in orner. to ensure compliance with applicable taw. As noted,
I federal andlor state laws may haVe specific records retention periods for specific records.. Often
the same records have differeo1 retention periods under diffetent laws. Ir any doculDeot falls
witkin one or more of the following eategorie.l, it must be kept for "e. loqer period.
ContIacts the COUNCIL may have with another party may also influence the retention period.
I of the categories of records maintained by the COUNCIL aR listed in tho
{ gnd below, along with the retention penod. .
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Record or Document Category
Unlawful labor .1Id/or employ_eot practice claim., chargu,
investigations aad legal proeeedlnll recorda reprding the
CouDdl include but are. not limited to the following!
Employee contact files, including reports prepared by
or for the COUNCIL. notes. job speCifications, or .
olher related information.
Complaint or dwgc files, includlIllJ iftitial
affidavitsldeclaratiODS, pay stubslcltedcs. auditS of." .
monies owed, reportslresponsesll.etterr to government
agencies. calendarslschcdolcs-, and .
Reeordk.eepiq requireDlClltl ror labor organizatiolU uDder the
Labor Manacemeat Reporting aDd J'.Hsdo.aare Act (LMRDA)

Documents related to reportr. - Documents relatcd to
reports.. Unioos must maintain finaneial records and
other related records that clarii)"or verify any report
filled with the United states Department ofLabors
Office oCLabor-Managcment Standards (OLMS).
According to the United States Department of Labor, unions should
retain aU types of records used in the normal courso of doing
business.
Unions slIould also retain any electronic documents, including
recordkeeping software used to complete, read. and file the report.
Furthermore, Ii union must aeate !U1d retain adequate backup
records that will verity tho n:ports filed with OLMS. A union must
obtain adequate backup records such as receipts and vouchers frOm
parnes with wbom the union in financla.l transactions. . '.
Retelltion Period
5 yean from
disposition ofcase.
Records must be
retained fer S years
after a report is filed
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Payment dates and periods:
COUNCIL ncruitmenti hiring aDd job placeD1.tDt neonls Kept for 1 year it
include but Ill"C nollimited 10job applications.. resumes. other job DOt hired. for
inquiries, help wanted ads. opportunities for lraining., promotion or dnration Df
overtime. job opening notices aDd employment testing results. employmeat plUl 6
years if hind.
Empioymeut eligibility fonns (1-9) "TIle later ofl
yars rrom hire
date ar 1 year
" .
after termination
COUNCIL Employee Persona" File.s indude but are not limited WbBe employed
to disoiplinaIy notices. promotions and demotions, peri'onnancc plus 6 years
evaluations., discharge. layoff, transfer and recall files, training files.
Any charge filed alleging discrimination
Until rIDa'
disposition of the
dUlrge OJ' the
action
COUNCIL Employee Health Records include but are not limited
Wbile employed
to first aid records for job injuries causing loss of work time and
plus 6 yean
drug an<1 alcohol test. reoords. "
Employee benefits dam includes but is not limited to individual
WIlDe ....toyed
employee filea. education assistance, sick leave benefits. retirement
plu 6 yean for
be"nefits accrued. disability records. vesting records
vesting records an.d
penDaDelltIy for all
other reeor:ds,
which are required
to deteanine
retirement benefits.
See, Sec. 107 of
,
ERISA
Retirement Income
Security Act".,
COUNCIL, Inducting collective bargabdDg agreemenband
Until contract is
employee contracts
expired or
tenDinUed plu:I '6
yean.
Affirmative Aetien Programs and Doc.menta
While policy 01'
pragram ia in
plaee plus 6 vears
Press Refeases/Public: Filings, indudmg "The Carpenter"
The COUNCIL
maga:dne
should main
"permanent copies of
all "The Carpenter"
magazines. press
releases and
--- ---- - ----------
publically filed
documents iu:\dcr
the theory that the
COUNCIL should
have its own copy
to test the aceuncy
of any document a
member ofthe
public can
theoretically
produce against the
.COUNCIL.
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COMPUTER AND RELATED EQUIPMENT. AND COMMUNICATIONS
EQUIPMENT. All COUNCIL servers, desktop computers. laptop computers, voice man
systems, PDA (personal digital assistant) devices. removable media devices such as "thumb"
drives and external hard drives. and cellular telephones.. are subject to SCHEDULE.
i Bufore a COUNCIL desktop CQIllpUtcr, laptop computer, PDA. or removable media
device. is destroyed,; sold. disposed ot or otherwise no. longer U#ed by the COUNCIL. all
information nom such devices shall be electronically preserved. For example. the hard drive of
desktop and laptop computers will be forensically imaged and electronically preserved. Tbe
COUNCIL may obtain the services ofa qualified firm to pcrfolUl this service .
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ELECTRONIC-MAIl... As noted above.electronic mall and anY anaclunents are to be
considered. the same as any other dOcwnent or record under this SCHBDuLB. All electronic mail
generated by. or re<:eived by. the COUNClL shall be preserved electronically for a period to be .
determined based upon the subject matter of the communication.
Provided however, that procedures wUl be implemented for determining ifany eleCtronic
mail is "junk" or spam" electronic mail, and, if so detenniJlCd. need' not be preserved.
F.....er i.formatioD wiD be provided regarding the Council'. disaster-recover)' and
I systfIPI hardware. .
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Baek-up tapes are not used. for geaeral ret_tio. .d must'not be relied
on by any employee for eompllaaec wltb the SCHEDULE. Back-up tapa are for disaster
,"overy purposes only, and they are Dot designed or kept in order to aceomlllod.tethe
\Istorage or retrieval of recorda for general buslnesa. purposes.. ;
I STIPULATION AND ORDER. Any document or record by. sent from, or
I generated by. the COUNCIL regarding the Stipulation and Order, including but not Umlted to the
Irequirements of Paragraphs S(b){i)(I}{4). S(c). and S(c) of the Stipulation and Order. shaH be
Ipreserved for a period of three (3) years from the date sudl dooumeot or recont was 'sent,
received. or generated. .
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om OF WORK LIST. The Out--of-Work List procedure ("OWL") applicable to the
COUNCIL generates documents and records on a dailyand/or weekly basis necessary tD the
, proper operation of the OWL. Such documen1s include, but aiC not limited to. shop stcwatd
1 reports. weekly shop steward sldU reports. "sick holds'" "resequences", weekly reports.
notices, dispatch worksheets. dispatch tequests. daily "referral" reports. daily "posting"
reports. and daily "call" reports. All doc:wnenta and records generated by, for and/or on behalf of,
or received by. the OWL sball be maintained. for a period ot three (3) years from the date of
creation or receipt.
COMMITTEE. An Anti-Corruptioo Committee (ItACC") with
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jurisdiction over the COUN:CIL was p:evtously established. All documents and records
generated for and/or on behalf of; or received by. the Ace shall be maintained for a period of '
five (5) years from the date Of creedon ex receipt or the eoncluslon of the related investigation.
. whichever is later.
I DISCIPUNARY CHARGES. Under the Stipulation and Order, the COUNCIL has
established "Distnet Council CharCe and Trial Procedures", which are effective SeptembcT' 7,
20l0.Documents and records generated as a result of me establishment and implementation of
the District Council Charge and Trial ProcedUJCla and any Trial Committee or Hearing Panel
operating tbcreunc:ler, may include; but may not be limited to. charges. complaints, transcripts of
proceedings including electronic copies of the transcripts of all Trial Committee proceedings.
plea fOmls., answers. decisions. affidavits,. letters. briefs. or other documents c:reat'e!d for
submission in a matter brought under the District Couneil Charge and. Trial Procedures. and any
other documenls or records. All documents or reoonis generaU:d for andlor on behalf or
received for. tile operation of the District Council Charge and Trial shall be
maintained for a period of three (3) years ftom the dale ofcielltiOQ or receipt or the conclusion of
the processing ofthe charges. including appeals, whicllever is later.
Furthennore. pursuant to Section la(e) of the Distriet COUncil Charae and Trial
Procedures, the District Council shall. keep an electronic record of ,all decisions of lhe Trial .
Conunittce and sb.all hold and permanently pre$uvc the written decision ofthe "Trial Committee
in each matter after' having $canned and digitized said document for the electronic :record.
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All disciplinary charges and related documents, includinl but not limited to decisions,
I ttanscripts of and corrcspond;cnce. filed with the COUNCIL prior to the establishment
i and implementation ofthc District Council Charge and Trial Procedures, shall be preserved for a
period of five (5) years from the date the chargc(s) is filed or the conclusion oCtile processing of
the cllarges. including appeals, whichever is later.
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GRIEVANCES. The COUNCIL processes grievances for alleged violations of its
Icollective bargaining agreements. All reconb and documents related to aoy aricvmwe filed or
attempted to be filed with or by the COUNCIL.shali be maintained for a period ofthrec (3) years
Ifrom (he date of creation or receipt of the grievance, or the coneiusiOll, of the processing of the
grievance,. including whichever is later. '
COUNCIL RECORDS AND DOCUMENTS. All COUNCIL records and documents
not otherwise described herein. in paper and/or elcaronic fonn. including but not limited to,
business agent daily aetivity reports. eomspondencc to and/or from the COUNCIL membership.
and employers. wage surveys. Blue Profile Sheets and/or Green Profile Sheets and/or any paper
or hard copy of an electronic version thereof. lIP Plan Job Visit Form,. NYC District Council
Woodworking Report. NYC District Council Flooring RepOrt. Floor Coveter Report. Timbennen
; Report. Woodwodcer Report, banner, or handbill, or other document. shall be mainlained for B
!period of five (5) years.
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I All COUNCIL bylaws shall be pcnnanendy maintainex;l in original faun. and an
electronic copy or the COUNCIL Bylaws shall also be maintained. All meeting Minutes of the
. COUNCIL shall be permanently maintained and an electronic copy of the COUNCIL meeting
minutes shall also be maintained. .
Video recordings andlor photographs,. made by the District Council. including on a diaital
Idata or other process, sball be .maidtaiDed for a period of five years. Specifically, video
.. recordmgs and photographs shall be plCSel'Vcd cn an cxte:ma1 hard. drive.
I PRESERVATION AND DESTRUcn9N OJ! DOCUMENTS. AND RECORDS
I UNDER THE SCHEDULE. Each document and reeord of the COUNCIL shall be nmintained
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in its original Conn for the period of rime indicated in the SCHEDULE. Upon the expirotion of
the period of time provided for under the SCHEDULE for the maintenaoce of a document or.
!record i.n its original form. the document or recoro. shall be sciumecl and digidzed to Create an
I electronic record, wbit:h shall be nlaintained and preserved pct'll18Ilelltly. 11le original document
or moord, once an electronic teerd.of the original document or record is made and preserved as
provided' for berein. shall then be destroyed. Provided however, that upon the Review Officers
request. the COUNCIL must notify the Review Oif'ICer prior to the destruction of any specified
record or document or category Gf records or documents dc:scribed. in the SCHEDULE OR
OTHERWISE. Intention of destruction of Couocil documents must be committed to writing and
copied to the Chief Compliance Officer.
The COUNCIL may obtain the services of a document and record llWlageJ:Qent services
finn to usist the COUNCIL with the implementation and maintenance of;. and compliance with.
the SCHEDULE.
EFFECtIVE DATK OF SCHEDlJLE. The SCHEDULE shall be in fun foree and
effect as of 12. ZOlQ. until further notk;e. AU inquiries should be directed to the
Director of Human RcsoUll:eS for the New York. City District Council ofCarpenters.
VIOLATION OF SCHEDULE. All employees, officers, delegates, stewards, and
committee members of tho COUNCIL ace hereby uotified that failure to comply wid, this
SCHEDULE may result in disciplinary action. Specifically. including., but not limited to;
. I suspension ot tennination from employment with respect to any employee of the COUNCIL
found to be responst'ble for failure to comply. in whole or in part, with the SCHEDULE
I Furthermore. iru::luding. but not limited to, disc.iplinarycbarges pursuant to the District CouDcil
Charge and Trial Procedures with respect to any officer. delegate. steward. andlor committee
member. The Director of Human: Resources is in charge of administering. enforcing and.
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updating this SCHEDULE:
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JfVI. Expense Polley
Any expeose over tbe doUar amount of $500 mut have ,.,riHeIl preawtborization
from tbe District eo"ncil prior to beiag iocurred. Please note tbat an expeues or SA,oeo or
,reater must approved by the Review OfDcer prior to eommitmeD!r with the exception of
particular. pre-identlfted reeurring expeIISCS wbicb are paid diteetlY by Accounting. FUl't.ber. the
,.' .....
Review Officer must receive prior notice of all expenses to be paid (directly or by
reimbursement) by a IDeal union or the Dis&rict Council. Any and all such exocnscs which do
not pomport with Paragraph S.b of tM SJjpulation and Order mlY be vetoed by the Revi!C!{
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2Oir&t. Copies of aU such expenses must be sent to the Chief Compliance Officer. .
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A. Contact In/ormation
For further on the Guidelines. please contact tho Chief
B. General AdvIce to Travelers
Before committing to travel. employees must obtain written permission from their
Depvtment Head for all tJavel and additional approval from the Review Officer for travel
costing $2.000 or more. Before seeking approval,. please consider whether the same mlult could
be achieved using the telephone or fax machine. or through the usc of teleconferencing. This
may seem obvious but it is often possible to avoid unnecessary travel with extra care and
planning.
We feel a special responsibility towards you wilen yoo arc traveling for the Distrid
COW1Cil. If it is part of your job to travel for our Union. it is our job to make certain. to whatever
extent we can, that your safety is ensured. Therefore. it is imperative that.before you
.
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The District Cowleil only coven your eXpenses for the of y<>ur business
. plus. in eases that involve time consuming travel. the day before. and the day a.fter the triP if
tsignificant traVel takes pJa<:e on either or both of those days.
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International travel must be approved by the Supervisor or F..xeeutive Secretary Treasurer.
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Expense Report GuIdelines
\c.
Expenditures must be submitted for rcimbursemenc using the Expense Report (Exhibit
A). Expenses will be paid ifthe following conditions are met:
Claims for expenses are made in IICcotdanc:e with this policy
' Expenses create a difect benefit for District Council.
I Accounting will teView aU expense report!l for compUa..nee with this policy. Any
discrepancies or issues noted will be addressed directly with the User and/or direct manager for
clarifiC8lion. In additi.oo. the Inspector General of Review Officor:,will be notified of any
deviations from policy when necess8ry .
Expense Report Submissions ,
Claims can be processed either through a.tl or by manualc:hec:k
through the Accounting department. Prior to reimblitSemcmt. aU expense reports (see Exhibit A)
should be sent hard copy to your direct mai:lager for review and approval, with all accompanyinS
original receipts, tickets or paid invoices. Credit Card slips alone are DOt acceptable. as they do
not provide sufficient deta.il about the items Evwy attempt should be made.to obtain
for all expenditures. In the event that appropriate supporting is not
available. an explanation must be provided. Where expenses are inC\ll'md by more than one staff
member. the bill must be settled. bytbe most,senior individual present. The appropriate receipt
1should be endorsed with the reason for the expense.. aJoog with a list ofan presw.
i, Claims be as !lOOn as possible (one month is used as a guideline):
Reimbursement will only be made to the individual who'incwwd the .
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'\ All claims must be signed by the claimant and approved by, the employee's direct
manager. No expense submissions will be accepted without this approvaL Approvals must be
obtained by the IepOrting direct manager. In the event that the manager is absent for an extended
Iperiod of time, approval must be obtained by the next senior or peer of the managet, Please refer
Ito Process for Reimbursement, Section 1)
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Advance expense claims for car rental may be submitted prior to trip taken, as long as
prior approval obtained from th.e managec.
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-, D. Employee Accountabiltty
Each employee has complete and Bbsolute respoosibility aU items claimed for
reimbursement from the Union. Employees must ensure that they fully aU of
this policy. and arc mspoflSibJe to comply fully with the policy guulelmei at all tunes.
Employees have the responsibility to DrOYidc detailed receip!! (gedit card are
imyfticient) in support or aU claims. showing the p\.IrJ!oH of the expense. When expcosc Items
ace not supported by appropriate the Distria Council the right to refuse
reimbursement. - .. .
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Employees with cOrporate credit cards must provide docUmentation with the same details
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\ to support their expenditures. Failure to produce" appropriately debiled documentation may I
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Iresult in discipline. up to and including temiination.
I Individuais wilJ be held fulty accountable for all breaches of District CouncU pobey. Any
1\ duplieation or fraudulent claims will be treated. extremely scrioasly irrespective of jOlene, and
may result in discipliruuy action up to and including termination.
IE. ManagementAccountabilit;y
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Direct managers are personally responsible fur ensuring that all expense items claimedby
- their staff are appropriate and legitimate business claims that comply fully with this policy.
Managers must ensure that all expensc items are supported by l.'eCeipts (credit card
n:c;cipts are insufficient). total is :-=co:
expepdiU!r!;;s. g well as &Approving
Managers will be held accounlablo for any and oll itemS. which &R: proven to be inappropriate
and/or fraudulent. and any web oc:alntIDC;:Cs will be investigakd in detail by the . Accounting
department and imly result in disciplinary action.
F. Internal Review / Access
In addition to the provisions set ronn in the By-Laws; iDdependent reviews ofany lind aU
expense submissiom may be conducted to ensure compliance with and adherence to this policy.
These parties will be given unimpedcdaccess to. any e:x.peosefiles, as well as the detailed
submittecfexpense reports. All U$etS and diroct maoageo will be held fully accountable for any .
I breaches identified during the course of an internal or external audit review.. In addition, per the
IUBC Constitution as welt as Department of Labor guidelines, the Trustees will have unlimited
Iaccess to all documents.
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G. Expense Category Guidelines
1. Auto Travel .
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COl' AltowtUfCll$' .
The District CounoU tbmlshefl a portion of its employees with vehicles. These vehiles
j are provided to employees whose jobs require extensive car travel. .Use of District Council
.f vehicles constitutes a consent to potential electronic monitoring and 'tracking of the
Internal Revenue Service Codes require that employers determino the dollar amooot value of the
vehicle associated with each employee's estimated pcrsoual \ISO of tOO vehicle, and ada that
value to the employcc'sgross ltlCOrnc on his other W-2 (IRS C0d061 Treas. Reg 161-21).
Personal Use
Personal usc of an employer-.provided vehicle should be limited to a masonable
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amount. . . .
Any penonal extraordinary use must have prior from the
SupervisorlExecutive Secretary Treasurer and must include the reason for such
use.
.. A contemporaneous Jog shaU be maintained. for a Diiriimum of three months
(nonconsecutive) for any non business use of the vehicle. In December of eacb
year. the Chief will determine tho value of non business miles and
this value wUl be added to Form W-2..
.. Employees shall follow safe driving practices 1lt all times and comply with laws
and regulations. It is prohibited to operate a vc:bicle ifyon are under the influence
of any alcohol, illegal dIUgS,. or legal dlllgs which may adversely 8ffec:t your
. ability to safdy operate a motor vehicle.
It is prohibited to, operate the vehicle if you have been mediCally advised against
dcingso.. 4
It is prohibited allow anyont: other than District CoUncil employees who are
covered by the current insurance plan tc operate a Union vehicle.
The employee will be reaponsiblc for the safe; overnie,ht parking oftbe car in a
heme garage. private driveway. or other safe and legal areas. The Union will pay
for overnight parking of cars for out of town Union business tripa, but will not pay
for garaging or parking of cars white at or near the drivet's bome.
Hitchhikers are not pennitted to ride at any time. and the carrying of passpngers
for a consideration is not allowed.
AU persons who drive or ride as passengtrs in Union vehicles Will use available
passenger at all times when the vehicle is in motion.
Vehicle Fili!I
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Fuel should be purchased using the manufacturer's recommended guidelineS for
octane level, for the vehicle provided in order to maintain proper engine
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functioning.
I Use of the Union's fuet management cards and system is required.
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If inadvertently. tbe employee is not in rooeipt of his or her card. receipts must be
obtained from the fueling' station, indicating the nwnber of gallons purchased.
price per gallon, date and timo purchased. name of fueling station. mile. on
vehicle and if posIiible the vehicle license plate number should be noted on the
fC(:Cipt.
VelucU Rllpain .
Veb.icles must be maintained accordiag to the manufacturer's guidelines.
The employee is responsible for ensuring the tires properly inflated and the oil
is changed at regular intervals.
-I Vehiclcs should be kept clean and ftee ofdebris.
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Vehicles must be at dle manufacturer's authorized service centers for ail
w8:rranty items.
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Non-warranty items must have prior authorization frorn the Supervisor or
Executive Secretmy Treasurer.
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Employees are expected to exercise reasonable care in ensuring required
maintenance is performed.
Employees shall keep accurate records and reports as many be required by the
Union covering mileage. expense, crashes. car maintenance. etc.
If employee is. negligent in keeping up with the maintenance schedule Qf the
vehicle. the employee will be held responsible for any repairs res1ll.ting from said
neglect. OtherwiSe. the Union will pay all operating expenses such as
registration, Insurance, excise tax.. state inspection fees, gasoJine, oil. grcaing.
washing and repairs. Parking and tolls will be when such charges are
incurred while driving on business for the Union. Parking atad tolls will not be
reimbursed ftom the employee's home to his or her job site.
Oirect managers must inspect all vehicles under hfs or her supervision (those
assigned to his or ber direct reports) annually to ensure that they are k.ept in
accordance with this policy. A Vehicle Inspection Report (Exhibit B) of this
inspection must be subnlitted to the Supervisor or Executive Secrttary Treasurer
annuaUy.
License Requiremellis
It is required thai. the employee's driver. license is current and not under
revocation in any jurisdiction.: You must'be licensed by a state in the United
States or a territory which has reciprocity with tho United States.
An employee must provide a current photo copy of front and back of his or her
driver's license to the Trustees on an annual basis.
An employee must notify the SupelVisor or Exec\lti.ve Secretary TreaslU'er within
24 hour.; of the revocation of his or her driver"s license. Driving privileges wiU
be immediately revoked.
Yehif;le Damage ReJHI,ti"6
If an employee becomes involved In a vebicle collision it rout inunediately be
reported to the local police and the employee's managet.
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The employee must obtain. as soon as reasonably possible, a eopy of the police

report if possible. and provide same to the SUlJC!"bor or Secreta.'>'
Tl'I:IJSUlU'. In tho event that police involvement UI not poSSlb}e. the employee
must complete a MV-l04 (Civilian Accident Report) and submit a copy_ to the
Supervisor or Executive Seerotary Treasuter. .
The insurance company (see Automobile Insurance) must be notified as soon as

reasonably possible.
Fines lUUI V'w/atiorrs .
Employees are responsible for all fines and violations (moving and parking)
during operation and assignment oftbeir employcr-provided vehicles.
, Employees must report all fines and violations to the Chief and
provide a copy of payment from the local authqrlty that the violation bas been
satisfied.
If an employee receives points to tbe maximum or in excess of the maximwn
allowable in the state in which they have residence., vehicle privileges shall be
suspended. The employee must report this 10 the Director of Operations 24
hours or as soon IS possible. ..
Teuis .
Taxis should only be used when it is Jess expensive than usmg'.\\ personal car and when
convenient public transportation is Only 'taxi costs that relate to business trayel will
be reimbursed. Original receipts are required, as well as the businesS pwpose and locations of
travel. The COUilCil will not reimburse and staff for the use of car services
(limousines). Exceptions may be.granted by the ofOperations.
Auto Rental
Rental can should' be used only whon they are more economical than publ.ie
t:ra.risportation (mcluding taxis), or if reqUired Cor entertaining clients. Some-things to keep in
mind: .
Use rental companies offering the best rate available;
Exercise good judgment in the be$t possible rate according to size ofcar
required.
Select a compaet car unless traveling widt 2 or more
Return tb.e vehicle to the renting location to avoid drop off' charge&;
Fill the gasoline tank returning to,avoid refueling charges.
Original rental apClne.nts are to be attached to expense report aJopg with related fuel
receipts. .
AulbHuJbUe Insurance
'The District Coum:il has an Aut!) Polioy under which employees are covered for liability
,insurance. Any employee renting a car on Union business must declive the iIJ8uranco package
offered by the- rental company. Should an employee need to file a" claim for vehicle damage.
!please contact the Claims Coordinator at (860) 678-4000. .
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\ Reasonable parkins fees irn;urred by the Council employees _for Counc:il business will
I also be reimbursed by the Council if a receipt is provided. A receipt for parking. along with the
I business purpose and location of the parking. must be provided with the expense report.
12. . Air Travel
J Cl4ss of Travel
! The required class of travel for aU flights (Domestic and International) is Economy
and/or Lowest FarelBxcursion. Officers may be allowed exceptions to the class of travel.
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Business or First Class must not be booked without prior approval from B Department Head.
Department Heads may consider Business or First Class fare if the foUowing criteria are met:
The flight is more than four hoon in length; ,
The employee must attend Ii meeting the same day the flight arrives;
The employee's atteadance at the event is essential to District Council business;
and
The fare is booked at the earliest possible time to ensure best value.
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I Upgrades to Business or First Class may be made with earned frequent flyer benefits or at
personal expense only.
Purchasing Airline TkkeU .
Airline. tickets am:f travel an:a.u8enumts will be made by the District Council after
approval by a Department Head. ProvidlDg as muc;h notice as posaible _will enable the District
Council to purchase reasonably priced fare. . .
AJJ plans sometimes change and uoex.pected intemiptioDS ocoue. always be awate 'of the
r:estrictions when receiving airline tickets..
Checked Fees
Travelet'S'may Check: one bag.at no charge. Travelers who _incur baggage fees for the first
checked bag may submit this expense ,as part of their expense report. The Union will provide
reimbwsematt for the secOnd checked.bag when travelling with heavy materials or equipment
oeces.sa.ry for business and/or baggage consists of Union records or property. 1he seoond
checked bag fee would also be paid when the trip is international (outside North America) and/or
for a duration oflonger than 1 days.
TranspolfllliDn loIfromAiTport ,
Airport parkiog should only be used when cost effective. Taxi or tltnousine service may
I be used as transportation to and from the airport or central station. Original receipt!8te requlR:d.
IAdditionally. check with your hotel to find out if a complimentary service is provided.
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Group r"'"el
I Multiple Officers should avoid traveling together.
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" Ltlst or Exass Baggage . ",
, Ultimate responsibility fOf retrieving and compensating lost baggage lies with. the airline.
EXcess baggage will only be covered when traveling with heavy nWct:ials or equipment
necessary for business and the excess baggage consists orUnion records or propcrt)'.
OwtI'n,.6' DeJ.tzp .
If them is. an airlino delay that necessitates an overnight stay. the traveler must fust
attempt to secure complimentary lodging from airlines. If unSuccessful. the traqe1er should
contact the District CouncU. ifpossible. to obtain overnight lodging at a reasonable
3. Accommodation
Hotels
Modetately priced. value hotels (e.g. Courtyard by Milniott. Holiday Inn. Quality Inns.
Best Western Hotels. and Doubletree) with standard rooms win 'be booked at the lowest
cotpOrate discount .rate by the Union after' approval is gained from a Department Head. . TIle
Union will pay for room., tax. telephone and inh:met charges inc.uaed while the employee is
traveling on Council business.
C."celllJlJo" ofArl'tlltllements
lb.e District Council will not reimburse "no show" charges exec. where unavoidable ood
at the specific instruction of Union Management. Cancellation arrangements are the traveler's
responsibUity .
HotnlAirllne Point tUUl CIabs "
Hotel/airline point program earned through use of aC9tpOtate Credit Card may
not be accnmulated and applied for personal use. Such pointS arc of the UniQll, and
shall be used to offset future travel EmpJoyiles are also not to accept or apply for points on
pexsornU oredit cards based. on the use of goods and services wbich are ultimately paid by the
Union.
4. Meals
The Union will rouDburse employees for reasonable meal 'expenses incurred during
business travel. The rate guide below ptovides the current daily meal allowances. Receipts. and
details must be provided for all meal expenses. A detailed receipt MUST indicat the date. time.
men:h.ant name and location and the amoWlt of expense incurred. The rctelpt must be madted
with me business purpose of the activity as weB as the person or people conneetcd with said
expense. The daily total meal allowance. including gratuitiea. is $75.
Meals are only reimbursed when traveling on legitimate business travel. Meals are not to
be expensed 8t principal office locations. . .
When several employees t:IIC dining together, the Senior Manager present should always
pay and expense the meaL Gratuities are limited to a maximum of 20%.of the prC.-tax cost of the
meal. . .
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No cigars or cigarettes are allowed. No alcohol may be purchased unlesS the employee is
entettaining a contractor and-the contractor orden an alcoholic beverage, in which case the
Iemployee may order a maximum of onc (I) alcoholic bewrqc. No alcohol may be purchased
Ifor employee gatherings. .
Gratuities are included in the per diem rates. In unuSual circumstances. actual costs in
excess of the per diem rates will be reimbursed provided such expenses are appropriate and
reasonable based 011 the location and purpose of travel. These situations must include an
explanation as to why the exception is required.
s. LauDdryiValet.
The District Councll reimburses all reasonable laundry/valet services when working away
from home for 6 continuous business days or more.
! 6.. Spouse Travel and E%penses .
I' No airfare or travel expenses wiU be paid bYlhe Council for spouse traveL
Meals in restaurants or room service meals for spouses of Council representatives and
staff will not be paid by the Council. If the Council pays a restaUrant. bill (cithol" directly or
through payment of credit cards) and the spouse was in attendance, the cmpIbyce will need to
reimburse the Council for tho spouse' $ meal or pay a proportionate amol.lllt of the bill. The
reimbursement will be made to the council within thirty days oftile issuance ofthe charge.
Any additional charges for JOdging that ue incurt'Cd u .. result of an empioyee'upouse.
such as doUble occupancy fees. must be paid by employee.
17. .Telephone
Personal use of Union-provided cell phones should be Travelers will not be
reimbursed for air phone cxpcnscs.
Travelers are required, except in situations., to uw a phone card for
international phone USBgB and to avoid dim:t dialing from overseas hotels, it'possible.
8. Parking and Tolls
AU parking charges will be reimbursed when a reCeipt. along with the buslness purpose
and loc:ation ofthe parking. is provided along with the expense report.
Exercise goodjudgment in selectiog low cost parking $ites. When incurring toll charges.
try to obtain a receipt whenever pom.ble. -
9. Confereaee8 I Conveations! Seminars
Atteodance at conferences. wnventions. seminars or' any other training and development
forum designed to enhance work-related perfonnance must be by the executive
ommittee. Any fees relating to collfetenc:c aUendance. il1Cluding books and travel
arrangements should, paid in actvance if possible -after the executive committee approves
endanc:e. Conferences and seminars in excess of S2.000 require Review Officer approval
S2
Iprior to commitment. To obtain this approval, a StiPuIalion and Order form must be completed
I and submitted by the employee and lUs or her direct manager. After the Review Oft'itef'S term
expires, this responsibility win be bandied by the Chief Compliance Officer.
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Further. attendees ofseminars and conferences will required to submit a swnmary of the
infonnatioll gained at said conferences to the executive committee. This document will then be
distributed to the deJegates at the next meeting.
. 10. Office Supplies I Furniture
. All office supplies should be requisitioned through the Administrative Assistants
by the. Departtnent Head or Regional Mrmllger.
11. IT Hardware/Software .
Any expenditure relatin& to computer equipment. software or telotiununicatioD
equipment should be procured through. the appropriate identified third party vendor when
possible. Department Head approval is required.
12. Training and Development
See for Conferences I Conventions I Seminars.
Other Expenses
The following items will OO! be reimbursed:
Airline, business travel and other travel insurance
Babysitting fees
hairdressers. manicurist,. masseuses .
Pet care
Christmas cards and related postage costs-sent to fellow employees
Personal properly insUrance
TransportatiODImileage from home to base office
Fines tor parldng Or traffic violations
Costs for personal automobile repairs and services
Sight seeing and other personal expenses
Personal A TM fees
Liquor and grocery store bills
Airline ticket business I first class upgrades
Hotel in-room movies
casual lunthe.s and personal occasions
Inlcrest charged on outstanding credit card balances
expenditw:es such as entertainment. tickets to shows,. sports events, etc.
(unless part of client entertainment or staff Incentive)
PersonaVCorpotate cn:dit card - intere!lt charge! or annual fees
Medications (over the coUnter drugs), personal toiletry items, vitamins,
eyeglasses. magnifying glass. sunglasses
Books. magazines. reading materials not relating to position
PasspOrts or Driver's Licenses
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16. Entertainment
. In addition to the proV1!nons set forth in the By-Laws,. expenses associated wtth
cnttaining must be pre-approved by a Department Head in Cues where the: expense is
expected to exceed S I SO, the Review officer.
All entertainment expenses incurred aiust provide details, ac:companied by itemi2:ed
receipts supporting each separate expenditure and authorized by the direct manager. These
expenses are limited to those that arc ordinw:y and necessary to conduct local council activities.
A detailed receipt MUST be obtained indiauing the date. time. merchant name and
location and the amount of exptlnSe ineurted. The receipt Must be marked with the business
purpose of the as weU as the person or peoplo connected with said expense. Ifa detailed
receipt is not provide4. the expenditure will not be reimbursed to the empJoyee.
Daily lunches and/or dinners that ate not related to District Council business are
p.rohibited.
17. Proeess for Reimbursement
For expenses that arc less than $2.000. the employee and his or her direct supervisor must
complete an Expense Report. This report will be sent to the Cruef Accountant for review and
Inspector General for final approval.
For expenses of $2,000 or greater. the employee and his or her manager wiD IIlSo
complelc a Stipulation and Order notice form for Review Officer approval. All n:ceipts will be
mailed andIQf delivered to tho Di$trict CoWlOil Chief Ac::countant, attBched to an expense report.
Payment of the reimbursement will generally be at.the end of t&c;;n month.
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Exhibit A
Expense Report
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ExhibitB'
V chicle Inspection Report
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Vehicle Inspedlon Report
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Employee Name: _______license Plate #:.________
Date Report Completed: _____
I Report Completed By (print name}.__ ' _________
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(Sign name):
Disapprove
Maintained per manufacturers guidelines
TIres jnflated
Oil changed within last 81 days or 5,000 mUes
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Vehicle dean
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IAl warrantee items were s.erviced at manufacturer's authorized
! service cenll,tfs .
Non-warrantee items received prior authorization from Supervisor
or EST.
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Review Officer
Interim Report 3
2011-12-05
Exhibit 11
NYCDCC
Salary Program
Exhibit 11
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New York District Coundl of carpenters
Salary Program
. The N.ew.York District Council three spec.iflc.
provisions. These provisions will be mandatory compliance and will determine
future pay levels as well as employment status with the council. These segments
(salary policy, evaluations and education) are detailed in the following.
salary DOli'"
The Salary Program of the Council will be In written form and any and all
changes will be approved by both the Executive Board and the Delegate Body.
This approval will be included in the minutes of both bodies and available to the
members. This policy will be evaluated as salary changes are made to the
Collective Bargaining Agreement to ensure that the salary bands are consistent
with the Collective Bargaining Agreement (Building Commercial) and decide if
there need to be amendments, either positive or negative, to this program.
The salary structure will be determined by seven categories: Executives,
Directors, Council Representatives, Specialties, Inspector General, Secn!tarial
Staff, and Out of Work list Staff. These salary bands are fixed and are based on
the category of the employee's pOSition and official tenure withIn the
employment category. This level is constant, providing that the employee receives
a written evaluation that is at least a level of Satisfactory and has completed the
minimum 8 hours of continuing education required and/or approved by the
District Council.
Annual Merit Increases
EUgible employees will receive their annual merit increases on March 1
st
(or
the foJlowing work day if March 1
st
falls on a weekend or holiday) of a given
calendar year. To be eligible, employees must have been hired on or before June
30
th
of the previous calendar year. received a performance evaluation rating of at
least Satisfactory, not missed more than 6 month$ of work during the 14 month
window (see below), and fulfliled their training requirements as outlined in this
.
At the request of the employee's manager, the EST may, at his discretion
(a nd with approval from the Executive BOard), provide a discretionary additiona'
1
salary increase within the band structure for an employee. The employee must
provide exemplary service to the organIzation to qualify for this additional salary
increase. The employee may be accelerated to a higher year within his or her
salary band but cannot exceed the saliJry for the highest year within his or her
band. The employee will stay at the salary level until he or she moves up to the
next band (based on years of service in job category) or is promoted.
When ~ i n employee is promoted h,toOa position permanently, his or her
salary will immediately be increased to the minimum year one salary for that job
category. If his or her salary already exceeds the year one salary, the employee
will not receive a salary increase for the promotion.
An employee that has a salary that exceeds the salary aSSigned to his or her
current year of service within category will not receive a decrease, but will be
frozen there until his or her years of service and written evaluation dictates an
adjustment.
Catch Up Provision
As of November 14, 2011, each employee wilt be adjusted to the salary
structure based on his or her tenure within his or her position's category. Salary
increases are not retroactive. Further,the maximum an employee's salary will be
raised to equalize that individual to his years of service within the catego.ys pay
level will be $10,000, adjusted on November 14, 2011, and $5,000 on the
workday following January 1
st
of each subsequent calendar year. For instance, if
an employee with five years of service in a given job category is
undercompensated for that year by $17,000, then the employee would get a
$10,000 adjustment on November 14, 2011, a $5,000 adjustment on January 3,
2012, and a $2,000 adjustment 00 January 2, 2013, in additIon to his or her
scheduled salary Increases in each year, provided that his or her performance is
rated Satisfactory and he or she has fulfilled the training requirements.
ExtendedAbsence
Employees who are absent for 6 (six) or more months within the 14
(fourteen) month timeframe preceding the effective date of a salary increase (for
example, January 1, 2011- February 28, 2012 for the salary increase for March 1,
2012) will not be eligible for that salary increase. The loss of the salary increase is
permanent and the employee wIll not receive credit for that year when
calcuJating year in job category or band. For example, an employee who would
otherwise be eligible for a year o u ~ increase and band graduation in March 2012
2
would not eligible for a year four salary or band Increase in March 2012 If he or
she had a 7 month absence from August 2011 - February 2012. The employee
would remain one salary year behind his or her salary year and would n o ~ be
eligible for the lost year for salary and band increase until March 2013. The
employee would not be eligible for a year 5 Increase until March 2014 .
New Hires
Employees. hired on or after July Ibt of a given year are not eligible for a
salary Increase in March of the following year. They will be eligible for a year 2
increase the. following year and will proceed with regular annual increases (if
eligible) going forward. For example, if an employee was hired in August 2011,
the employee would be eligible for his or her first increase (year 2) in March 2013.
The salary bands per employee status are as follows:
Executives
year 1..2,3 year 4..5
. Directors year 1 year 2,3 year 4,5
Asst. Team Leads year 1
Council Reps year 1 year 2,3 A year 5,6,7 year 8,9,10
Specialty year 1 year 2,3,4 year 5,6,7 year 8,9,10
Inspector General year 1 Based on dass of inspector/ USC member
SecretariaI Staff vear 1 year 2,3,4 year 5,6,7 year 8,9,10
Out of Work Ust year 1 year 2,3,4 year 5,6,7 year 8,9,10
"Temporary service or time spent in an acting capacity are not credited toward
time in position.
Please review schedule one attached (schedule 1)
'3
E""luqtlons
We have developed an evaluation program which outlines the
core competencies employees must demonstrate. Each employee will
be prQVidedwithhis/her job level competencies list shortly "after his or
. her review is completed so he or she may use the framework and
feedback as guidance in Annual' performance
evaluations will cover January 1- December 31 of a given calendar year ..
and will be conducted. between January and March of the' following
calendar year. For example, an employee would be revIewed in
February 2012 for his or her performance during January 2011
December 2011.
Additionally, newly hired employees will receive, at a minimum,
three month reviews and six month reviews shortly after their three
and six month anniversaries of permanent employment.
Each employee will be evaluated by hIs or her immediate
supervisor and the evaluation will be reviewed by his or her manacer'S
, 11 Iprfor .,. wIlHJebasect.._:$tD:SscaJe.
the iowest'score(PeI fotrhance Unacceptable) and 5 is the highest.scQre'
(Exceeds EXpectations in All or Most Areas). The mean of the scores of
this evaluation will be the basis in determining a Satisfactory score. A
score of at least 2.5 is required to be eligible for a salary increase. For
example, if in February 2012, an employee eligible for a year 2 increase
received a performance review rating of 2.4 covering the period
January 2011 through December 2011, the employee would not be
eligible for an annual increase in March 2012. The loss of the sala.ry
increase is permanent and the employee would not receive credit for
that year when calculating year In job category or band. If the
emplovee's performance improves and is rated Satisfactory the
following year (2013) and he is eligible for an increase, the employee
will receive the year 2 increase in March 2013" effective March 2013.
Please note that employees who receive less than Satisfactory
performance ratings may be terminated. Further, employees whose
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performance suffers significantly in specific ways may also be
terminated, even if their performance rating average Js Satisfactory.
The final analysis of the evaluation as well as recommendations for
improvement and/or growth wIt be reviewed by the supervisor with
employee withIn thirty days of the evaluatIon.
All supervisors should remember-that an unsatisfactory evaluation
could be a basis for complaint. Tberefore, aU supervisors should
document an employee's performance throughout the year and use
this information as a basis in the final determination. Supervisors are
accouotable and responsible to have this dated backup avatlable on all
their employees.
Please review the competencies list attached (schedule 2)
Education
The District Council recognizes that we employ a very talented
group of men and women. At some point in their careers, these
individuals may be promoted to supervisory positions and/or may
represent the (oundl in a senior management capacity. It is therefore
our obligation to prepare our staff for possible career growth by
enhancing their skill sets. To this end, we will ensure that they receive
relevant/ up-to-date training. The selected and seminars wilt be
ever-changing and may include (but will not be limited to) leadership
skillsJI communication skills, health and safety courses, DOL
requirements, harassment in the workplace, etc.
Within ninety days of employment with the Council, newly hired
Council Representatives WiD $atisfactorlly. complete forty hours of
specified training provided by the District Council. In all succeeding
years, all employees (not limited to Counell Representatives) will
satisfactorily complete eight hours of class and/or seminars on
management or leadership; approved by the EST. Successful
completion of the training program will be a documented part of the
employees' personnel files. If an employee does not complete this
s
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mandatory training.. his or her annual salary increase will be'den1ed and
the employee may be disdpfined and/or e n n i n a t e d ~ Exceptions to this
dental may be made by the EST and are subjett to approval the
Executive Board.
The intent of the District Council will be to Improve the leadership
qualities of all of its employees" -including the-executives; team leaders,
representatives.. and staff. _We also believe that a long term program
will provide continua' positive reinforcement and knowledge.
HopefulJy, this training will support and enhance the qualities and
knowledge necessary for the future readers of our organization.
6
-Schedule One
- Salary Policy
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7
New York. District Coundl CONFIDENTIAL
Salary Progt'flff'/
FlrstYHt BInd 1 8.... 1 sandi Ilel!dZ BIItId Z IIndZ IhneU BantU 1IiInd!
MI.
MAX Yr YI 'Ir Vr Yr Ifr Yr Yr Yr Yr
Bands
AnnuSal., 2 :& a .. 5 7 8 10 Incruse
ExecutIwe
,.
"
"
V,1.1,",owetmPFRI1'llIlISyr $22S,DQ) $114,011 $187,2U $201,ru $216,5lJ $225.000 $225,000 $225,(100 $225,CIOO $W,OOO $us,ooo $SO,1I19 22.6"
Fin!,,"r llalldl 1aIICI1 Band I BInd 2: Ibndl illICIt lind' Bend. Blndl
M"
MAX Yr YI 'fr 'fr Yr Yr Yr Yr Yr Yr
S a J .. $ II 7 10 IIIcruM

,
DfrecIor
"
OlteCtorfLead
vr 1-5K over maJII $lS4,25S $W.181 $W,875 $1S6,J08 SlS1.,2SS $1Sf,25S S158,US S1!8.2SS $158,iss $15USS $7,()61
4.4'"
APt Lad
$2PIOMt INIRep/OrJ $145,_
$14UI8
FlIItYelr iliad :I 1IItId1 a.ndl a.nd:& Banelt Blndt land I IlIndI lind!
MIlt
MAX Yr Yf Yr Yr Yr Yr 'It 'If Yr
y,
1 2: ! .- 5 II 7 10 IncnMI
(cu1CII Rel!!!sentllhti

,
"
Council Reps
YIU.Jt 1Il4() IIrs $243.988 $9S,m m.m no..m $:1Q8,A98 $U3.00 $111,,7Z8 $127,743 $w,os $14UU $4'1,.
3'33"
1 BuslnlS''''PyPrll11llrywlll.dJlut based CIII CIA for joIIMeymentatut 40hrs
2 Max "'lIry wIIllutomatkilB, 8djbst 10lcurMylllel'l_ It 48 HI'S plus 25"
3 Years 2-' wll1ldlun equal percelltqe10 calculaz. to l1l1I1 SIllilY
4 l.eld year one llllill calcuillte plus S'IC aver MtlC i'llII' allry
5 l.elld Max wlllttw.yJ be foremen rate It 48 hI'S pllJA 29l'
6 &1IIIve Mllryyntanewillbe,plus ,"""awrmu lead sallry
7 fif4rt1vt mil. alwayS be _ of the (astern DISItIct V!Ct Pnlsldent
."

Law 1
!.aw% -
Ulw3 -
Gradel
Gtilde2
DfvWcn
ca/lMlnttr Inv8$llptCt
Retired Police OIDtet' Compll4n
Aetlred fI1vestlptot
SiIP'tIIlsor fnve.ltfp101'
DtJII.Ily JIIspedl)r General
Admllllstrilthle fmll!$tJaa'ttlt$
AdmlnfstratM 111111l$t1pt0t'S
FIr$! Y_
MAlI Yr
AnnuaISl'll'V !
$143.98S _11:1.
$90,000 $75,000
$9S.ooo $80.000
$1OS.ooo $9Q,IXXI
$125.000 $105.000
$66,2'18 $4II,W
$A,.781
Band 1 Ihndl
'(t "Ir
__a _
S.. $104,158
$7e,SA $78,US
$82..mI -.ut
-.107
_241
$1D1,1GO
$50.071 $.D;lto
$S5,700 $57,_
BlInd 1 Band!
'/, VI
" ___5._
sa"'9. $111,O:U
$71.711 $I1M8
$I4,W $16,5(15
$94,908 $96MIil
$111,427 $llll_
$51,101 $SI,ICO
$51),746 $6l,879
8an1if2
Yr
I
$127.1211
$aa.145
$lUta
$9II,SZB
$115,9ZB
SS'7,l1ill
$64,G17
9aIllU
."
7
$UZ.W
$84,877
.....
$100,084
$118..241
$SI,ou
$aU74
..lid 3
'1r
,
$227,743
$8&,6U
bl.m
$10t,111
$12O,6l2
$81,C69
$GB,N
BaIId 3 Band 3
!\Allie
Yr ."
,
10
$lll.*iS $l4.....
$88,450 $9O.IlOII
,p.w $!IS.IIIO
$1.,. $105,C1OO
$U3,1!.l4 Sus,OOO
Se.1U
,-.271
$'n.US $75,Z6!I
hnNIlII
16,67"
15.19fi
14.299'
16.00"
z6.SOil
2855"
"
2.08911
1.m
2.79"
2.00"
US"
3.57"
era.'
AdmllilstRatwe
/nVeStlplr
Prow'ldei prlmaty admlnlstratfve sappon: to the Inspactor General as wen lIS handIInSval10tn admlnlsttltlw IMW 1nl/fitlBatillt tasb,
Grad. I

ImeItllPtOl'
ProwIdn seneral admInlstrlllrwe IUpport to I.G team In ac!d!tIan to per1oll'lllng tasb.
I'IlsU.r
MAX '"
AllllualStlaty t
5p!dIhYAre.
WebOulsner $UlO.ooo $7$,000
UIIIonACtlvIlyMmlnlstnltor$lDl.0S2 $1!I,ooo
lil\ Olrectul' $141,1XX1 $1QI"OOO
OlefAcco\llltant $130,IXXI $UOAaO
a_I
Yr
Z
$n.,34A
$77,4M
$1Dt,t$l
'11%,111
iliad 1
'1r
J
$19"61
$IJO.I:Ia
$1ot,oS1
'lU.U'
BInd 1 "nell
Yr Yr
" 5
$82.as $84,824
$82,70S $8S..446
$lD.aZ $117,754
lul,48 $UI.7D9
8IndJ
Yt
I
$1'1,474
$tUn
$122,31i1l
$.UO.H2
BIIndl
Vr
'1
$90.2'18
$8U02
$127,147
$J2U1I
..lid.
Yr

$1J,IIZ7
S94.Z24
$1l12,i2O
$125,6SIQ
8IndJ
\'r

$9S,934
$97,94&
$117,.
Slu,.107
111l1li3
Mal!
Yr
10
$100,000
$1OZ.OS2
$14'.00II
$110,000
1_..

Wi"

15.3.
"
3.13"

3.91"
1.91"
OIlef Compliance Of&er $130,000 $100,OllO $1112,.185 $S05,852 $101,908 $11l,047 $US,1llO $111,," $122.011 $W.S46 $110,000 23.o!!l 2,1mi
Fl"t Yell, hnel:l Sand 1 Balldl Bandl Sand:!. BanelJ fIIIndJ hnd3
M.lC
MAlI VI' YI Yr
y,
Vr Yr Yr VI' l'r 'I'r
,
AMIlillJaII!l :I :I 3 4 S ? I I 10 1nc:nI
" It
"tMltlalBItfI
$35,000 $2l1,000 $3$,700 $39,418 $30.1. $30,_ $U,m $.471 $,ZU $34,11.5 $SS,000
:10.00" 2.501G
lteceptlCII
ClaIlEntry
$45,!'140 $2I,Q8 $Zt,784 $3l,191 $I2A'O $34,216 $.U.sJS $37.sn $39,30'1 $11,11>7 S4S.765 37.86" 4.13'IG
$58,897 S4Z.691 $44J.1i5 $45,I8a $47,254 $44J,m $SO.W $52,.Ut ,S4,ON $58,m 2751" 3.44"
Gradel
$1i6,2?8 $41,447 $50,076 SSV60 $53,501 $.51,160 $U..SlJ $11\.2:111 21i..!1OK
Grade 2 '55,Joo $5',D12
$7S,269 $SS,18i $17,688 $59,7411 $61,8'11 $64,087 $6Ii,!74 $68,742 $71.195 $75,_ 28.55,. 3.ms.
Grodti _..
"'700
-- $81,_ $!J0,289 $6I.l45 $6I,61D $71,4011 $14,JU $77.J19 $8O,4It $10,.- ,2.58" ...07" eooldcHPer
$55,000 $40,000 $4l,J64 $41.774 $44,232 $45,740 $47.m $4<1,112 $SQ,S7t $lUOl $$5,000 27.27" 3A1"
APCleI1!:
/Seneralty lII!MsaS main admlnIs:Ualive support for manarer/dila entry/secondary support fot Dlnmor, Oepattment head Of m. CloselysUpeMseO position
Gtadei
raflar OIII11s.trualorlund PfH$tlIbllshecl ",Ideflnes to \l4!rfcrm thellmttlOlls oftil,Job
denetaly _ as main IdmllllsttlltPie lIUppOtt tor Oltedor. Relies Q118lIperienctllndJUdgment to plan and KComplsh soals. Performs _VIII'lety of tasks.
Grad,i
worts under svperyblon.
Genml, seves IS IftJIn admln1s11a1lYe SIlppo/t for DeJMInmtllt HeaIf{ST. Relieson elCj)erlenca anll Jud8ment to plan and ICCor'l'lpllh I,tIIIs. PflrfomlsaYilrlely
Gradel
ofCfmplfcated fasts. A wldt dell" of CI'f.tIYltr and latude
flat YINII' BIndS 8IDd1 Bands BlInd 2 ,,"dZ IandZ 8IMJ 111nc13 8aU1
Mall
MAlI: Ifr Yr Yr Vr Vr Vr Yr Yr 'fr Yr
AnlMI Sill!! 1 Z S 4 5 6 '7 8 !I '10 Inc:ratSt
Out olWcn Utt
_PJO "
SUp.-vlsor
$1:I5,1lOO .J4?.IOI $10!1,37. $101,UJ $111,362 $114;UO ,$117.- $W,GCO 21.4QM 2.8Im
""m
_,!NO
AS1;t Sup,MlOr $15.000 $$2,000 $Sa,ttJ $SI_ $SI.nz $60.444 $62,181 UlJ.tt $&7_ $7o.tS1 $75,GOQ Ja.mt.
3.83"
OWllleptll!telltltlV1lJ
$47.000 $2IlR7 $S1.5J3 $33,211 $M,978 $1&,840
$38,800 $40. ,.7,OQO
42.5'"

'!be nIaht :shIft Jetsa $2 per bour rill differential
-- ........
Schedule Two
.Evaluations
...
8
Performance Evaluation
.
Almost All Areas- A role model
4 - exceeding Expectations In Some
Areas- A major contributor
3 Satllfactory -Graa.tl Meeting all
the requJrementl of thejob
2 Neerty there - Coacblng required
1. Performance Unacc.ptabIe
Competencies Required in the Role

I . ':Ji,!, .. fa
..
rcellDOOuI to calls for service, 8$ approprtate, from members,

:j"
, m H-',H 1 '",<.
..... l 'I
I'J<. _[_ __"'L. It "",;:J
Job Knowledge
Demon'-, strong. rellable worldng knowledge of his or her field,
Translates job knowledge into practical work <lUIpu:t

"
\.
Oral and written communications are thoughtful, direct and
audience appropriate.
Communieates Infcnnation on a limely basis and to the approptiate
parties. .

j

..J!'iii

. ,t 11 'cr"
,(" - '; 'l
,'-s) ,,,, (to rl.J

._...,l. t.. .........""ul 1!i--r;w........ r;;;'JffifJ
leadership/Initiative
DemOnstratet Initiative by .hallng new Ideas

Accepts supervl8lcn and direction.
Completes plpel'WOlf( and other tasks on atimely baals, or advlses
IfcJtwmatanc:el interfere with deadlines aheld of lime.
AIIcJ for guidance and additional lnfomIation appropriately prier to
beglming wort on atask, Itepplc::able.
Uses Jnd maintains Union-pravided equipment properly.
....... '-_.._....JII
pelform taBk8 outside hi' or her area ofpreaaibed responsibility.
Performs proactive rasks,nor walling for problems to arise before
taking aCtion.
Takes leaderShip roll both formally and ir\1ormally to ensure that
WDIk Is completed, ..n approplate.
ForsupatVlscty staff- 0Ye1'1888 staff well. Effective hiring, training.
cllsdpine and termination, Fostets fair, positive, harmonioul wor1c
em4ronment
)enlOnJi'ates loyally to the Union and overaIIlntegl'/ly.
DlsplayJl atrong, positive. enthusiastic attitude fowal'd UnIon
goals. employees and members.
Makes self available to help other team members. Voluntarily and
proactfWly shares relevant Job knowledge and experience for the
benefit of the team. .
Has II poaHlve, professional demeanor.
Doel notcreate InferpetSOnal oonflictor tunnofl; strives to mainIaln
harmonious wort!: environment.
chain of command, deviating only WIlen Circumstances
l' J 1

... t,r"

Problem SoMngJOedslon Making
balanced, Informed dedsloM on
eo.. not allow alress or confilcting/nteTelts to cloud decisions.
Ccnslsttnt/y demonatTatas strong ethlca, pnwidlng appropriate
guidance to others, and escalming concern, In an appropriate
""i'1f

t
.. Y'{'" ,.I. Technologfcal Sklils
I >11 I; 4; .) .';1 _'t
kii'f,1S .,ti

~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------. ----.
Schedule Three
Categories, Titles and Requirements
I 9
Category 1: Executive
Director, Operations
Director, Organizing
Inspector General
Category 2: .Director
Political Action Director
Director, Grievances
Director, Jurisdiction
Regional Manager
Assistant Regional Manager (reports to Regional Manager)
Category 3: Council Representative
Council Representative
Civil Service Representative
Director of Civil Service
Category 4: Specialty Areas
Union Activity Administrator
Human Resources lJirector
Chief Accountant
Chief Compliance Officer
Web Designer
Category 5: Inspector General
Carpenter Investigator (Investigator)
Law Enforcement 1 (Investigator - Retired Police Officer)
Law Enforcement 2 (Investigator - Retired Investigator)
Law Enforcement 3 (Supervisor Investigator)
Deputy Inspector General
Administrative Investigator 1 (Sr. Admin. Asst.)
Administrative Investigator 2 (Investigative Input Specialist)
10
Category 6: Secretarial Staff
Receptionist
Data Entry Clerk
Secretary 1: Generally serves as main administrative support for
manager/dataentry/secondaty support for Director, Department
head or EST. Closely supervised position, relies on instructions and
pre-estabUshed guidelines to perform the functions of the job
Secretary 2: Generally serves as main administrative support for
Director. Relies on experience and judgement to plan and
accomplish goals. Performs a variety of tasks. Works under
general supervision.
Secretary 3: Generally serves as main administrative supportfor
Department Hed/EST. Relies on experience andjudgment to plan
and accomplish goals. Per/arms a variety ofcomplicated tasks. A
wide degree ofcreativity Qnd latitudeis expected.
Bookkeeper
Accounts Payable Clerk
Category 7: Out of Work List Staff
Out of Work Ust Representative
Out of Work List Assistant Supervisor
Out of Work List Supervisor
11
Review Officer
Interim Report 3
2011-12-05
Exhibit 6
NYCDCC Bylaws
2011-08-05
BYLAWS
District Council for New York City and Vicinity of the
United Brotherhood of Carpenters and Joiners of America
August 5, 2011
District Council for New York City and Vicinity of the United Brotherhood of Carpenters
and Joiners of America
PREAMBLE
WHEREAS, our aim will be to promote and protect the interest of our membership, to
elevate the moral, intellectual and social conditions of all working men and women, to assist
each other in sickness and distress;
WHEREAS, we intend to encourage apprenticeship and a higher standard of skill, to
cultivate a feeling of friendship, and to assist each other to secure employment;
WHEREAS, we shall aid and assist all organizations to uphold the dignity 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 faithful workers, performing their duties to their employer
with honor to themselves and to their organization;
WHEREAS, we resent the principle of open shop association, and will continually
strive for the enactment oflegislation which will enable us to achieve our objectives;
WHEREAS, realizing that a blow at one organization is a blow to all, we recognize that it is
our duty as union members to purchase union-made goods and patronize union shops and business
establishments whenever possible to do so;
THEREFORE, with the above-stated aims and principles in mind, the Local Unions in
the vicinity ofNew York, New York are affiliated into an organization known as the District
Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of
America in conformity with the provisions of the Constitution of the United Brotherhood.
BYLAWS
NAME AND TITLE
Section 1. This body is chartered and known as the District Council for New York City and
Vicinity of the United Brotherhood of Carpenters and Joiners of America (herein "Council" or
"District Council"). This Council is organized in conformity with the Constitution of the United
Brotherhood and shall exercise the powers and privileges of a Council under the Constitution and
Laws of the United Brotherhood.
1
CONSISTENCY WITH JUDICIAL ORDERS
Section 2. These Bylaws are intended to confonn with any and all relevant provisions ofthe
Consent Decree, the Stipulation and Order entered on JlUle 3, 20 I 0, and any other Order entered in the
matter of United States v. District Council et al., 90 Civ. 5722 (SDNY) (RMB). Any provision of
these Bylaws that is inconsistent therewith shall be null and void. and of no force or effect.
OB.JECTS
Section 3. The objects of this Council shall be to promote and protect the interest of our
membership through broadly democratic institutions free of corrupt influence, to encourage the
apprenticeship system and higher standard of skill, to secure adequate pay for our work, to elevate
the standard of our craft, to cultivate a feeling of friendship among the members of this
Brotherhood, to assist our members in procuring employment and to protect our members by
legal and proper means against any injustice 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 and shall have legislative
and executivc powcrs on all matters relating to the general interest and welfare of affiliated Local
Unions and their mcmbers. The Council shall establish working dues or monthly dues (that are
sufficient to operate the Council, as detennined by an assessment of the prior year's operating
expenses and the projected budget for the period under consideration) payablc to the Council and
initiation fees. It shall have the power to collect and retain all fines levied by the Council for
violation of the laws, trade and other rules of the CounciL The Council shall have the power to
issue the quarterly work card. It shall have the power to make agreements with kindred bodies or
central organizations and send Delegates to same whenever deemed 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 the established District Council Personnel
Policy, effective January 31,2011, as updated and amended (the "District Council Personnel
Policy"). No Council Officer or Executive Committee Delegate shall receive salary or other
compensation or hold an elected or appointed position as an Officer of an affiliated local union.
Except for clerical employees of Local Unions, all persons employed on matters within the
jurisdiction of the Council, including Business Representatives and Organizers, shall bc
employees of the CounciL No person shall be an employee of an affiliated Local Union except for
persons employed in clerical positions, subject to the District Council Personnel Policy. Upon
approval of these Bylaws, all Local Union employment positions, except for clerical positions,
shall cease to exist. Furthennore, the Council shall have all other powers provided for in the
Bylaws. The governance, finance and administration ofthe District COlUlcil and its affiliated local
unions shall at all times be in compliance with applicable law.
(B) The full plenary power and authority ofthe District Council is hereby vested, without
limitation, in the Delegates to the Council that shall collectively fonn the Council Delegate Body_ In
accordance with Section 7 ofthese Bylaws, the Council Delegate Body shall be electedby the rank and
2
file members ofthe United Brotherhood ofeach affiliated Local Union. There shall be a total of One
Hundred (100) Delegates to the District Council from the Local Unions, such Delegates to comprise the
Council Delegate Body. Each Local Union shall have at least one Delegate to the District Council, with
the remaining Delegates allocated proportionally amongst the Local Unions based upon the total
membership of each Local Union as a percentage ofthe aggregate membership ofall Local Unions of
the District CounciL The Counci1 Delegate Body shall exercise the authority granted to it in Section 5 of
these Bylaws by majority vote and each Delegate shall be elected for a tenn 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 directives adopted by the Council
shall govern and be binding on each Local Union affiliated with the Council.
POWERS AND DUTIES OF THE COUNCIL DELEGATE BODY
Section 5. The Council Delegate Body shall have the following enumerated powers and
duties:
(A) The Council Delegate Body shall have the exclusive authority to consider, vote
upon and finally make decisions on all matters affecting the Council, as provided for in the Bylaws.
The Council Delegate Body shall also have authority to mise and finally resolve any matter within
the jurisdiction ofthe Council on its own initiative.
(B) Without limiting the Council Delegate Body's responsibilities or authority, the
Couneil Delegate Body must:
L Meet at least monthly and more often as prudence or exigent circumstances
may require to receive and review the Organizing Report, Membership
Retention Report, and Political and Legislative Report as identified in
Section 22 below, and request additional information as necessary;
2. Review and approvc or reject by June 30 ofeach year the budget for the
Council for the following year,
3. Review and approve or reject, in advance, all expenditures ofthe Council,
including expenditures ofthe Council Officers, above Two Hundred Dollars
($200); provided further that the Delegate Body may establish in writing
standing appropriations for designated amounts, not to exceed Five Hundred
Dollars ($500.00), for specific, recurring bills ofthe District Council;
4. Review and approve or reject, within one month after they have been
incurred, all expenditures of the Council, including expenditures ofthe
Council Officers, below Two Hundred Dollars ($200); provided further. that
the Delegate Body may pre-approve, in writing, cxpenditures for specific
items within Two Hundred Dollars ($200); ,
5. Review and approve, reject or revise annually the overall organizing plan of
the Council, which shall include, but not be limited to, information
3
regarding industry targets, developments in ongoing programs, obstacles
faced and the involvement of volunteer organizing committees with
organizers in jobsite actions, and housecalls; notwithstanding any other
provision in the Bylaws, the overall organizing plan of the Council may be
approved by a simple majority vote of the Delegates, but only repealed by
two thirds vote of the Delegates;
6. Provide instruction to the Executive Committee and review, approve or
reject all decisions ofthe Executive Committee;
7. Review and revise all draft contracts ofthe Council and approve or reject all
such contracts prior to their execution, including, but not limited to, those
contracts relating to the employment of service providers, outside legal
counselor other professional advisors. No contract shall be approved unless
the District Council shall have issued a Request for Proposal ("RFP") to at
least five (5) potential counterparties and received at least three (3) proposals
in response. In deciding among the responses to an RFP and approving any
contract, the Council Delegate Body must consider the following factors,
among others: The cost ofthe contract as compared to the other proposals
received, the qualifications of the counterparty (including prior experience
providing similar services), the reputation and integrity ofthe counterparty,
and any relationship(s) between the counterparty and District Council
employees, Officers or Delegates (which may be a factor warranting
disqualification);
8. Review and approve or reject, in advance, all Collective Bargaining
Agreements following a recommendation fi"om the Executive Committee. If
a Collective Bargaining Agreement is rejected, the Delegate Body shall
promptly inform the Executive Committee in writing ofany provision(s) that
caused, or will cause as indicated by a non-binding vote, in whole or in part,
the rejection.
9. Approve or reject the appointment and removal ofTrustees to the Trust
Funds and appoint and remove representatives to the Council's Rules and
Resolutions Committee, District Council Grievance Committee, District
Council Election Committee, and such other committee(s) it deems
nccessary. Such appointments shall be based on the following qualifications,
including but not limited to, training, ability. experience. reputation and
integrity. and absence ofdisqualifYing conflicts of interests. The District
Council shall establish in writing the duties and responsibilities of each
Committee.
10. Review and approve or reject, in advance. the hiring (including the
compensation and other terms of employment), firing or discipline of
Council representatives and organizers. in accordance with the established
District Council Personnel Policy;
4
11. Appoint individuals to fill vacancies in the positions of Chief Accountant,
Inspector General, Deputy Inspector General, ChiefCornpliance Officer,
Deputy Chief Compliance Officer, Director of Human Resources, Director
of Operations, and Director of Organizing, subject to the provisions of
Sections 10, 12, 13,27,28, and 29;
12. As provided for herein, receive and review written presentations from the
Inspector General on the integrity of the District Council, including the
identification and status ofall pending complaints and investigations
completed, subject to necessary precautions to protect the integrity of
ongoing investigations, as determined by the Inspector General;
Compliance Officer on the implementation and administration ofthe District
Council's compliance and ethics program;
Accountant on the status ofthe District Council's finances and the
implementation and administration ofthe accounting and financial controls
program, as required by the policies and procedures established pursuant to
Scetion 13(B) hereto;
15. Quarterly, rceeive and review written presentations from the Dircetor of
Human Resources on the implementation and administration ofthe District
Council's Personnel Policy;
16. Review on a quarterly basis, through a subcommittee ofthe Delegate Body,
or more often as the Council Delegate Body deems appropriate, the District
Council's job referral activities and records to determine that job referrals
are being conducted fairly and properly, in accordance with the job referral
rules;
17. Establish an Audit Committee ofthe District Council that shall consist ofthe
UBC District Vice-President or his designee; Legal Counsel; a Certified
Public Aceountant; the Im,pector General; and two (2) Delegates from the
Council Delegate Body (elected by the Council Delegate Body). The Audit
Committee shall be responsible for monitoring compliance with the financial
requirements ofthe District Couneil Bylaws, reviewing the District
Council's fmancial systems and procedures, making recommendations
regarding best practices on a periodic basis, monitoring the Distriet Council
so that no financial fraud or corruption oceurs, and shall meet no less than
once every month. The Audit Committee shall report quarterly to the
Delegate Body or more frequently if requested to do so by the Delegate
Body. The Audit Committee may require any employee, Officer, or
Delegate to the District Council to appear before the Audit Committee and
provide information as requested. The Audit Committee shall develop
policies and procedures for the Audit Committee, which shall be subject to
5
the approval of the United States Attorney's Office for the Southern District
ofNew York (the "United States Attorney") and the Review Officer
appointed pursuant to the June 3, 2010 Stipulation and Order in United
States v. District Council, et al., 90 Civ. 5722, SDNY (RMB) (the "Review
Officer" and the "Stipulation and Order," respectively), and set forth in a
separate document. If the Audit Committee 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 procedures for approval by the
United States Attorney. The Audit Committee must conduct its activities in
accordance with those policies and procedures, and may not modify them
without the prior approval ofthe United States Attorney and, during the
18. The District Council's Trustees shall sign and submit to the Audit
Committee a written report on a monthly basis, or more frequently if
requested to do so by the Audit Committee, regarding all expenditures ofthe
District Council, including but not limited to, representing that the
expenditures approved and/or incurred by the District Council are in
accordance with the District Council's Expense Policy, Bylaws, and
applicable law.
The District Council's Chief Accountant shall report in writing to the Audit
Committee on a quarterly basis.
The Council Delegate Body may by a vote of two thirds of its members
order an audit of the expenditures or fmancial condition of the District
Council by an independent out'iide auditor, retained in accordance with the
requirements ofSection 4(BX7) ofthe Bylaws.
No Officer of the District Council may be appointed to the Audit
Committee. The tenn "Officer" shall not be interpreted to include
employees ofthe District Council, the Inspector General, the Chief
Compliance Officer or Delegates.
(C) All approvals, rejections or revisions by the Council Delegate Body must be
supported by a majority of the Council Delegates after due consideration and discussion of all
relevant points ofview, in accordance with the UBC Constitution and Laws and/or recognized
parliamentary procedure, at a meeting ofthe Council Delegate Body. To the extent that the Council
Delegate Body withholds any approval required by Sections 4(A) or 4(B) in advance ofany action,
the District Council may not proceed with the proposed course ofconduct.
(D) No approval by the Council Delegate Body ofany change in compensation for a
District Council employee, or cla'is ofDistrict Council employees, shall be effective until after the
next election of District Council Delegates if the affected employee or any member of the effected
class ofemployees, is also a member ofthe Council Delegate Body.
6
(E) All Delegates ofthe Cotnlcil Delegate Body shall be compensated at the rate of
Seventy-five Dollars ($75) per meeting, but such compensation shall not exceed Two Hundred
Dollars ($200) in any month, regardless ofthe number ofmeetings held.
(F) No Delegate of the Council Delegate Body shall be subject to any adverse
employment action, harassment, intimidation, threats, or coercion by the District Council, the
Council Delegate Body or any Officer thereof for exercising, in good faith, the authority of. or
fulfIlling the duties of, a Council Delegate as provided for in these Bylaws. Any Delegate that
believes that he or she has been subject to a violation ofthis section may fIle a complaint with the
ChiefCompliance Officer and the Inspector General, who shall conduct ajoint investigation of the
merits of such complaint. Upon completion of that investigation, no later than ninety (90) days
following receipt of the complaint, either the Chief Compliance Officer or the Inspector General
may refer the matter to the Trial Committee, the Review Officer (to the extent such a Review
Officer is in place), or the United States Attorney, as appropriate. The foregoing shall not limit any
Delegate's right to also file a complaint with the General President ofthe United Brotherhood, as
provided for under Section 53(G) of the UBC Constitution. In addition to the foregoing, any
District Council Delegate may file a complaint with the Trial Committee Chairman and thereby
initiate an arbitration to be conducted before a three-member panel consisting ofthe Trial Committee
Chairman, Trial Committee Vice Chairman, and a third arbitrator to be chosen by the Trial
Committce Chairman and Trial Committee Vice Chairman. All decisions ofsaid panel must be
supported by substantial evidence and any party to the proceeding may seek review of a decision
with the District Court.
(G) Any Delegate, or the Council Delegate Body, may file a complaint or raise any
concerns regarding the District Council, its Officers, or the Council Delegate Body with the United
States Attorney, the Review Officer (to the extent such a Review Officer is in place), or the
General President ofthe United Brotherhood, ali provided for under Section 53(G) ofthe UBC
Constitution.
OFFICERS OF THE COUNCIL
Section 6. The Officers of this Council shall consist of President, 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 ali Executive Secretary-Trea'iurer shaH be limited to two (2) terms in
office. The only Officer position of the District Council that shall be compensated by salary shall
be the Executive Secretary-Treasurer position.
NOMINATIONS AND ELECl'IONS
Section 7.
(A) The nomination, election and installation of Officers of the Council shall be
governed by Paragraph 5(k)(i)-(iv) oftbe Stipulation and Order and tbe rules promulgated
7
thereunder, any applicable order of the District Court, the Constitution and Laws of the United
Brotherhood, and in accordance with the following provisions:
(B) Candidates for President, Vice President, and Executive Secretary-Treasurer
shall be elected by sccret ballot vote of the membership directly. Candidates for Warden,
Conductor and the three (3) trustees shall be elected by the Delegate Body. Candidates for all
such offices must be working within the bargaining unit represented by their Local Union, or
employed full time within the framework of the United Brotherhood of Carpenters to be
eligible.
(C) Council Delegates shall be elected in accordance with the Constitution of the
United Brotherhood. Council Delegates shall be elected for a term of three (3) years.
(0) Each Local Union president shall notifY the Executive Secretary-Treasurer, by
certified mail, ofthe names of the elected Delegates before July I st ofeach year. The
Executive Secretary-Treasurer of the Council shall notify these Delegates by mail that
nominations and elections of the Council Officers 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 Order entered June 3, 2010.
(E) Absent the requirements of an order of the District Court, the nomination,
election, and installation of Officers of the Council shall be governed by the Constitution and
Laws of the United Brotherhood, and these Bylaws.
DUTIES OF THE PRESIDENT
Section 8. It shall be the duty of the President to preside at all meetings of the Council,
enforce a due observance of the Constitution and Laws ofthe United Brotherhood, conduct the
same according to parliamentary rules and perform such other duties as designated by the body.
The President shall receive a stipend of Three Hundred Dollars ($300) each month for the
performance of said duties.
DUTIES OF THE VICE PRESIDENT
Section 9. The Vice President shall a'isist the President in the performance ofhis or her
duties and conduct meetings in his or her absence. The same rules are to govern as are applied to
the President. The Vice President shall receive a stipend ofTwo-Hundred Dollars ($200) each
month for the performance of said duties.
DUTIES OF THE EXECUTIVE SECRETARY-TREASURER
Section 10.
(A) The Executive Secretary-Treasurer shall cause to be kept a detailed record of
each Council Delegate Body meeting and a record of all roll-call votes ca'it by Delegates in
such meetings, keep all documents and correspondence, issue all calls for a special meeting,
keep a record of all charges, trials, in accordance with the District Council Charge and Trial
8
Procedures, and fines, take charge of the seal ofthe Council and affix same to all official
documents, sign aU legal orders, keep a correct account between the Council and the Local
Unions, receive all monies paid to the Council and shall hold in his or her possession a sum
of money not to exceed Seven Thousand Five Hundred Dollars ($7,500) for exigent
cxpcnscs lawfully incurred by the District Council. The payment of such expenses must
be reported in writing to the Chief Accountant and Trustees within Forty-Eight (48)
hours of payment being rendered. He or she shall issue quarterly work cards to the affiliated
Local Unions.
(B) The Executive SecretaIy-Treasurer shall, subject to the limitations and necessruy
approvals contained within these Bylaws, be reSJXlTlsible for the management and supetVision ofthe
field activities, business office(s), and for conducting the daily business of the Council. The
Executive Secretary-Treasurer shall assume all ofthe duties of the Recording Seeretary and
Treasurer. The Executive Secretary-Trea.')urer shall be paid a salary ofTwo Hundred and Twenty
Five Thousand Dollars ($225,000) per annum which may be increased or decreased by five
percent each year if such adjustment be approved by the Delegate Body and may not receive any
other compensation from the District Council, other than fringe benefits equivalent to those paid to
rank and file members as set forth in the collective bargaining agrecment covering the greatest
number of members.
(C) All monies paid into the Council shall be deposited by the Executive Secretary-
Treasurer in the name of the Council in such bank or banks as properly designated by the
Executive Committee.
(D) The Executive Secretary-Treasurer shall furnish each Local Union with a copy
of the quarterly financial report of the Council certified by the Audit Committee. This report
shall be signed by the trustees of the CounciL
(E) The Executive Secretary-Treasurer shall furnish to each Local Union a correct
record of each meeting of the CounciL
(F) The Executive Secretary-Treasurer shall formally log and refer all bills to the
trustees for investigation, after which they shall be presented to the Council for approval. In
referring bills to the trustees, the Executive Secretary-Treasurer shall provide a log including any
receipts, invoices. bills of lading, or other proofthat the work in question was performed or the
item purchased was received. The Executive Secretary-Treasurer shall also provide the trustees
with a summary report ofall bills being referred and an explanation of their necessity. The
trustees shall provide a summary of such infonnation to the Council Delegate Body along with a
recommendation as to whether such bills should be approved. The District Council shall
establish procedures for the implementation of this provision.
(0) The Executive Secretary-Treasurer is specifically authorized. to expend, in accordance
with the procedures of these Bylaws and in compliance with 29 U.S.C SOl, funds fOT any or a.ll
of the purposes and objects of the Council, subject to the necessary disclosures and approval by
the Delegate Body.
(H) After documented consultation with the Director of Human Resources, the
Executive Seeretary-Treasurer shall have the authority to hire, fire or discipline all clerieal or
9
custodial employees and shall detennine their duties, assignments, compensation, hours of
employment and conditions. Provided, however, that the Executive Secretary-Treasurer may not
hire more clerical or custodial employees than those allowed for by the table of organization
developed by the Director ofHumanResources. Secretary-Treasurer shall have
the auth()rity to hire, fire or discipline Council representatives and organizers, after receiving
the approval of or such recommendation from the Executive Committee and the approval of
the Council Delegate Body for such )The foregoing hiring authority, both with respect
to clerical and custodial employees and Council representatives and organizers, shall be
exercised in accordance with the District Council Personnel Policy.
(T) Tn accordance with the Bylaws, and subject to the District Council Personnel Policy
and the necessaty approval ofboth the Executive Committee and the Council Delegate Body, the
Executive Secretaty-Treasurer shall have the power and authority to nominate for appointment or
propose the removal ofrepresentatives for and on behalf of its Local Unions to act as Trustees for all
negotiated EmployerlUnion Trust Funds, including, but not limited to, annuity, health and welfare,
pension, apprenticeship, labor-management cooperation committee, vacation savings and holiday
plans. No such appointment shall be effective without the consent of both the Executive
Committee and the Council Delegate Body. In the event that either the Executive Committee or
the Council Delegate Body withholds its consent to an appointment, the Executive Secretary
Treasurer must submit a new candidate to fill the vacant position. In addition, the Executive
Secretary-Treasurer has the power and authority to appoint and remove representatives on Joint
Apprenticeship and Training Committees. Accordingly, all trust agreements and/or plan
documents shall be amended by the authorized representatives of the Local Unions to reflect the
forgoing appointment and removal process.
(J) The Executive Secretary-Treasurer, by virtue of election to his or her office,
shall automatically be deemed an elected Delegate from the Council to the conventions or
meetings of the United Brotherhood, State Building and Construction Trades Councils Labor
Federations, and any other organizations, conferences or meetings with which the Council may
participate or become affiliated with. All necessary notice with respect to this provision shall be
provided.
(K) The Executive Secretary-Treasurer shall serve as a trustee on any and all trust
funds including, but not limited to, health and welfare, pension, labor-management and joint
apprenticeship and training funds.
(L) The Executive Secretary-Treasurer shall review with the Executive Committee
of the Council all minutes of any trust funds meetings with a copy of same to remain at the
office of the Council.
(M) The Executive Secretary-Treasurer shall be assisted in carrying out his
responsibilities and duties by a Director of Operations and a Director of Organizing. The
Director of Operations shall assist the Executive Secretary-Treasurer in supervision of the
day-to-day operations of the District Council. The responsibilities of the Director of
Organizing shall include, but not be limited to, managing field organizers, communicating
with parties regarding labor disputes, planning demonstrations, and communicating with
Business Centers regarding potential organizing campaigns. The Executive Secretary
10
Treasurer shall recommend to the Executive Committee candidates to fill vacancies in the
positions of Director of Operations and Director of Organizing. Ifapproved by the Executive
Committee, such recommendations shall be submitted to the Council Delegate Body for final
approval. To the extent that the Executive Committee or Council Delegate Body withhold
approval of any recommendation made by the Executive Secretary-Treasurer, the Executive
Secretary-Treasurer shall recommend additional candidates for consideration. During the
period that the Consent Decree is in effect, no proposed appointment of an individual to the
position of Director of Operations or Director of Organizing may be finalized without the consent
of the United States Attorney_ Additionally, during the tenure of the Review Officer, no proposed
appointment of an individual to the position of Director of Operations or Director of Organizing
(N) The Executive Secretaly-Treasurer may also. when he deems it necessary and
subject to the approval ofthe Executive Committee, delegate in writing (such writing to
contain a detailed description of the delegation and to have been submitted to the Executive
Committee prior to approval) any of his authority to a District COlmcil employee or Officer
with the requisite skill, experience and training to efficiently and competently perform the
assignment. Compensation for services rendered in this regald shall be reasonable and
appropriate and consistent with the compensation for equivalent work perfutmed by District
Council employees and subject to approval of the Council Delegate Body.
DUTIESOFWARDENANDCONDUCTOR
Section 11. The Warden shall take charge of the door at all meetings of the Council
and allow no onc to enter except those who are entitled to do so. The Conductor takes up the
password at all meetings.
EXECUTIVE COMMITTEE
Section 12.
(A) The Executive Committee shall be a subcommittee of the Delegate Body and shall
consist of one member of each Local Union nominated 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's Chief Accountant,
Audit Committee, and Trustees, shall prepare an annual budget for the Council to be considered,
voted upon and finally approved by the Delegate Body.
(C) The Executive Committee shall review and make recommendations to the
Delegates on all major purchases in excess of One Thousand Dollars ($1,000), after soliciting and
considering at least three (3) proposals from vendors. In reviewing and recommending any
proposed purchase, the Executive Committee must consider the following factors, among others:
the cost and quality of the item as compared to other proposals received, any warranties offered by
the seller, the reputation and integrity of the seller, and any relationship(s) between the seller and
District Council employees, Officers or Delegates (which may be a factor warranting
disqualification). In the event that the Council Delegate Body withholds its approval of a
11
purchase, such purchase must not go forward and the Executive Committee may recommend
alternative purchases.
(0) The Executive Committee shall implement written procedures incorporated in the
District Council Personnel Policy describing the methods which must be employed by the District
Council tohire, discipline, assess, compensate and tenninate itsei1if)iOyees. Such procedures .!!!&l
require that all persons hired as representatives, organizers and agents ofthe District Council shall
have attended a UBC-run '"three-day" assessment program and been rated in the top quarter of
persons attending such programs, been subject to criminal background checks and drug testing,
been interviewed by a hiring committee comprising no less than three District Council employees
or Officers assisted by the HR Director, the Inspector General or his designee and the Chief
Compliance Officer or his designee. Said procedures shall further require that standardized
questions crafted by the HR Director and others appropriate to the proceedings shall be posed by
the hiring committee and that the I'CSllks ofthe appraisal of each candidate by the hiring
committee be forwarded in writing to the Executive Committee. In reviewing and recmnrrntl1'n"'eIl tdit 'nIgO'
Pntw
any proposed personnel decision, the Executive Committee must be governed by the District
Council Personnel Policy. In the event that the Council Delegate Body withholds its approval of a
personnel decision, such personnel decision must not go forward and the Executive Committee
may recommend alternative personnel decisions,
(E) The Executive Committee shall make recommendations to the Delegates on the
appointment of individuals to fill vacancies in the positions of Inspector General, Deputy
Inspector General, Chief Compliance Officer, Deputy Chief Compliance Officer, Director of
Human Resources, and Chief Accountant. The Exeeutive Committee shall also approve or reject
recommendations by the Executive Seeretary-Treasurer of individuals to fill vacancies in the
positions of Director of Operations and Director of Organizing. In considering candidates for any
of these positions, the Executive Committee must be governed by the District Council Personnel
Policy and should consider the proposed candidate's training, ability, experience, reputation and
integrity, and any relationship(s) betwecn the proposed candidate and District Council employees,
Officers or Delegates (which may be a tactor warranting disqualification). Preferred qualifications
to be considered for candidates for the positions of Inspector General, Deputy Inspector General,
Chief Compliance Officer, and Deputy Chief Compliance Officer include, but are not limited to,
licensed private investigator credentials, law enforcement experience, legal experience, internal
labor union governance experience, experience with a compliance program and the requirements
of Chapter 8 of the Federal Sentencing Guidelines, and certified public auditing experience, as
well as appropriate construction industry experience. Preferred qualifications to be considered for
candidates for the position of Chief Accountant include, but are not limited to, experience as an
independent auditor, certified public accountant, or chief accounting officer or chief financial
officer of a labor union or major corporation. Preferred qualifications to be considered for
candidates to the positions of Director of Operations and Director of Organizing include, but are
not Iimited to, experience in the operations and management of a labor union or management of a
government office with a work force of similar or greater size than the District Council.
(F) The Executive Committee shall make recommendations upon specific findings
to the Council Delegate Body regarding the hiring, firing or discipline of Council managers,
representatives, agents and organizers.
12
(G) The Executive Committee shall have the authority and responsibility to provide
information about the District Council to the public and the membership including by publishing
The Carpenter and effectively maintaining the District Council website. When presenting
information to the public and the membership, the Executive Committee shall provide information
fairly refleeting the range of positions and points of view on subjects relevant to the District
Council and members.
(H) The Executive Committee shall have the primary responsibility for drafting, and
recommending to the Council Delegate Body for approval, the overall organizing plan of the
Council, which shall include, but not be limited to, information regarding industry targets,
developments in ongoing programs, obstacles faced and the involvement of volunteer organizing
committees with organizers in jobsite actions. In the event that the Council Delegate Body
withholds its approval of the overall organizing plan proposed by the Executive Committee, the
Executive Committee must present a revised plan for the Council Delegate Body's further
consideration. No such plan will be effective until approved by the Council Delegate Body.
(I) The Executive Committee shall have the primary responsibility for negotiating, and
recommending to the Council Delegate Body for approval, all Collective Bargaining Agreements.
(1) All changes or proposed changes to the Bylaws or Trade Rules of this Council or
any of the Local Unions affiliated therewith shall be first referred to the Executive Committee for
consideration and recommendation pending final approval by the Delegate Body. If approved by
the Council and in accordance with Section lIB of the Constitution and Laws ofthe United
Brotherhood (the "UBC Constitution',), the proposed change or changes must be submitted to the
General Vice President for approval after review of, among other things, whether such change or
changes are in conformity with the UBC Constitution, are in the best interests ofthe District
Council, and will further the objectives of the Consent Decree or Stipulation and Order.
Notwithstanding the foregoing, nothing herein shall change or limit the authority of the General
Bylaws. Provided further, all changes or proposed changes to the Bylaws or Trade Rules of the
District Council must be made in accordance with the Consent Decree and any other order entered
in United States v. District Council, et aI., 90 Civ. 5722.
(K) The Executive Committee shall develop and preside over a uniform system of
Shop Steward review including guidelines for disciplinary measures when necessary, as set
forth in a separate document, which shall be adopted by the Delegate Body. Procedures
required for the implementation of said system shall be developed by March 15,2012 or
thereafter be developed and implemented by the Review Officer. The Executive Committee
shall establish such neeessary criteria to be able to function properly and is authorized to
suspend a Shop Steward's skill indefinitely, subject to appeals to the Executive Secretary
Treasurer. The Executive Committee shall regularly review the District Council's referral records
in order to satisfactorily determine that job referrals and the appointment of Stewards are being
conducted fairly and properly in accordance with the job referral rules and shall report in writing
their findings to the Delegates.
I3
(L) The Executive Committee shall submit a written report on Council operations,
financial condition, and other relevant matters to the Delegate Body at each meeting of the
Council Delegate Body.
TRUSTEES, FINANCIAL CONTROLS AND REPORTING, AND AUDITING
Section 13.
(A) The Trustees shall supervise all funds and property of the Council subject to such
oversight and instructions from the Executive Committee, the Council Delegate Body. and the
Audit Committee, as they may receive from time to time. The title to all property of the
Council shall be held in the name of the Trustees ofthe Council and/or their successors in office.
The Trustees shall audit all books and accounts of the Executive Secretary-Treasurer
(including as enumerated herein in Sections 10(B) 10(G) and as may be otherwise
maintained) at least monthly and report their fmdings to the Council Delegate Body and
perform such other duties a.') the Council may require. The Trustees shall, with the assistance of
the ChiefAccountant, audit all receipts and accounts of any other person authorized to collect
funds. The Council shall engage a certified or registered public accountant for periodic audits,
but not less than once a year, and such audits shall be examined by the Trustees for
comparison with the Trustees' audit who shall report their conclusions in writing to the Council
Delegate Body. The Trustees ofthe District Council and their representatives shall have access to
all records ofthe District Council necessary to perform their duties in a complete and satisfactory
manner.
All trustees shall be required to satisfactorily complete a training program provided for by
the United Brotherhood. The District Council shall dcvclop and implement policies and
procedures for the Trustees which shall state the scope and methods ofperforming all required
duties and be subject to the approval of the United States Attorney and the Review Officer and sct
forth in a separate document incorporated herein by reference. Ifthe District Council 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 procedures for approval by the United States Attorney.
The Trustees must conduct their duties in accordance with those policies and procedures, and may
not modify them without the prior approval ofthe United States Attorney's Office for the Southem
District ofNew York and, during the Review Offieer's tenure, the Review Officer.
(B) The District Council has established and shall effectively maintain an Accounting
Department, headed by a ChiefAccountant. The Accounting Department shall assist the
Trustees, Officers and Delegates in implementing financial eontrols and reporting procedures,
and managing the fmancial operations of the District CounciL The District Council shall
develop policies and procedures for the ChiefAccountant, which shall be subject to the approval of
the United States Attorney and the Review Officer, and set forth in a separate document
incorporated herein by reference. Ifthe District Council 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 procedures for approval by the United States Attorney The ChiefAccountant
must conduct his duties in accordance with those policies and procedures, and may not modify
them without the prior approval ofthe United States Attorney and, during the Review Officer's
tenure, the Review Officer.
14
(C) The Council Delegate Body shall appoint an individual to fill any vacancies in the
positions of Chief Accountant. During the period that the Consent Decree is in effect, no
proposed appointment ofan individual to the position of Chief Accountant may be finalized
without the consent ofthe United States Attorney. Additionally, during the tenure ofthe Review
Officer, no proposed appointment of an individual to the position of Chief Accountant may be
finalized without the consent of the Review Officer.
WORKING DUES (DUES CHECK-OFF);
SPECIAL ASSESSMENTS AND PERCAPITA TAX
Section 14.
(A) The Council shall receive working dues in the amount of 1% of the members
total package rate as reflected in the current collective bargaining agreement covering
members for each hour worked. The Council shall also receive working dues from each
member of$,60 per hour for each hour worked, subject to review and modification by the
Council Delegate Body after review and report by the Audit Committee. This $.60 will be
allocated to Organizing in the amount of$.50 an hour, $.05 for Communications and $.05 for
Civic Action. The apportionment of working dues amongst Organizing, Communications,
and Civic Action shall be maintained in the same proportions as outlined in the prior
sentence, subject to review and modification by the Council Delegate Body after review and
report by the Audit Committee. The working dues to this Council shall be due on the first
day of the month and must be paid not later than the 15th day of the following month. The
Council shall also receive working dues of $500 per year from every carpenter who has
performed carpentry work for a signatory contractor in our jurisdiction during the calendar
year. This $500 working dues to this Council shall be due on the first day of the month
following the first day of work performed in our jurisdiction each year and must be paid not
later than April 15th of the following year, provided however, that any member who shall
have satisfied his or her Union Partieipation requirement for the applicable year, pursuant to
Section 14(F) of the Bylaws, will receive credit for this $500 working dues requirement. The
sums stated in this paragraph shall be reviewed periodically to determine if prudence requires
that they be reduced or increased.
(B) In case of a deficit in the funds of the Council, as determined by the Executive
Committee in consultation with the District Council Accounting Department, the Council
may levy a special assessment on each Local Union based on the number of members in the
Local. The Council Delegate Body must give 30 days written notice to the Delegates and the
principal office ofeach Local Union prior to such special assessment and shall require a majority
vote by secret ballot ofthe Council Delegate Body at a Special Convention to adopt this special
ao;scssment which must be approved by the Genernl Vice-President ofthe United Brotherhood. No
such assessment may be implemented without the Council Delegate Body's approval, and the
Executive Seeretary-Treasurer shall notify all Local Unions that said assessment must be paid
within 30 days from the time of final approval.
The Council Delegate Body may establish monthly dues or increao;e working dues payable
to the Council by a majority vote ofthe Delegates voting at a Special Convention of the Council
15
held upon not less than 30 days' written noticc to the principal office of each Local Union.
(C) If a member who owes working dues fails to pay them as provided by these
Bylaws, such working dues shall be charged to the member by notice in writing that same must be
paid within 30 days to entitle the member to any privilege, rights or donations. If the member
does not make payment of arrears within the time prescribed, the member shall not be in good
standing and he or she shall be notified in writing that unless the amount owing is paid within 30
days thereafter his or her name shall be stricken from membership. Notices shall be sent to the last
known address ofthe member reported by the member to the Local Union.
(D) For any quarter in which less than 90% of a Local Union's membership have not
signed authorization cards providing that working dues will be paid to the Council, a per capita
tax shall be payable by such Local Union to the Council based on the number of non-participating
members.
(E) The Council may impose a per capita tax on each Local in the amount of $11
per member. The Council may increase the amount of the per capita tax by majority vote of
the Delegates voting at a special convention held by the Council upon not less than thirty
days' written notice to the principal office of each Local Union.
(F) Pursuant to a Stipulation and Order entered into between the District Council
and the United States Attorney entered on September 7,2001, it shall be mandatory that each
active member perform at least 1 day or 7 hours of union activity (picketing, etc.) per
calendar year when eallcd upon by the New York City District Council of Carpenters. The
District Council shall call upon members to perform such activity on a fair and equitable
basis.
MONTHLY DUES
Section 15.
(A) The monthly dues payable to the Local Unions in this Council shall be
established by the Local Unions and must be adequate to enable each Local Union to operate
efficiently in the best interests of its membership. The Audit Committee shall annually review
the amount of dues levied by each local to ensure both their adequacy and reasonableness,
and shall report on those subjects to the Delegate Body.
(B) Monthly dues payable by the members to the Local Unions shall not be increased
except upon the approval by majority vote by secret ballot of the members in good standing
voting at a general or special membership meeting after reasonable notice or by majority vote of
the members in good standing in a membership referendum conducted by secret ballot. In
addition, monthly dues payable 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 International pcr capita shcet.
16
COUNCIL REPRESENTATION
Section 16.
(A) Each Local Union shall elect a Delegate or Delegates to the Council Delegate
Body in accordance with the Constitution and Laws ofthe United Brotherhood governing
nomination and elections in subordinate bodies. The ratio ofrepresentation from each Local
Union to the Council Delegate Body shall be as follows. 1hcre shall be a total ofOne Hundred
(100) Delegate'> to the District Council fiom the Local Unions, such Delegates to comprise the Council
Delegate Body. Each Local Union shall have at least one Delegate to the District Council, with the
remaining Delegates allocated proportionally amongst the Local Unions based upon the total membership
ofeach Local Union a'> a percentage ofthe aggregate membership ofall Local Unions ofthe District
Council. No more than Fifty Percent (50%) of the Delegates representing any Local Union may
be employees ofthe District Council. No individual employed by the District Council on the
day these Bylaws go into effect shall be included in the calculation of the Fifty Percent (50%)
limit referred to in the prior sentence, unless the individual's employment by District Council is
terminated.
(B) Each Local Union shall submit to the Executive Secretary-Treasurer the correct
number of members on its rolls from month to month on and after the first meeting of each
month.
The Executive Secretary-Treasurer shall notify each Local Union by mail, no later than
April 15th of the year of each geneml election of Local Union Delegates to this Council, the correct
number 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 and the same not being
paid by the end of the third month, such Local Union Delegates shall not have a vote or voice in the
Council. When a Local Union owes a sum equal to three (3) months per capita tax to the Council,
its Delegates will not be entitled to a seat in that body nor shall the members ofthe delinquent Local
Union be entitled to the work card ofthe Council.
DELEGATE CREDENTIALS
Section 18. Recording Secretaries of Local Unions must forward credentials of Delegate
or Delegates from their Local Union to the Council properly signed by the President and Recording
Secretary with the seal of the Local Union affixed. They shall be referred to the Executive
Committee who shall investigate the same and report 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 are successive and no reasonable excuse is presented and accepted by
a majority vote of the Council Delegate Body, stand suspended and his Local Union shall be so
notified.
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COLLECTIVE BARGAINING
Section 20. Following recommendation by the Executive Committee, the Council Delegate
Body shall have the exclusive power and authority to mtify and execute Collective Bargaining
Agreements for and on behalf of its affiliated Local Unions, except to the extent the International
Union exercises its jurisdiction or authority.
The District Council Delegate Body shall adopt rules and procedures governing the
method of collective bargaining mtification.
The District Council has established, and shall maintain, procedures for processing
grievances filed pursuant to District Council collective bargaining agreements, as set forth in a
separate document dated April 18,2011, which is incorporated herein by reference.
TRUST FUNDS
Section 21. All allocations from negotiated total wage amounts to annuity, health and
welfare, pension, funds sponsored by the International, apprenticeship, labor-management
cooperation committees, vacation savings, and holiday plans, shall be determined by the Council
Delegate Body.
MEETING NIGHTS
Section 22.
(A) The regular meetings of the Council Delegate Body shall be held at least monthly
and more often as prudence may require. Upon a majority vote, the Delegate Body may invite
members to attend and observe said meetings as space allows and upon such conditions as may be
deemed necessary to insure the integrity of the proceedings. Special meetings may be called by
the President and Executive Secretary-Treasurer upon written request of the Local Unions stating
the nature of the business sought to be transacted. No other business shall be transacted except that
for which the meeting is called. The Executive Secretary-Treasurer shall notify each Council
Delegate of such special meeting a reasonable amount oftime in advance, not less than ten (l0)
days of its appointed time.
(B) Prior to a regular or special called meeting of the Council Delegate Body, subject to
reasonable precautions with respect to confidential and/or privileged information, the Council
shall provide to each Delegate reasonably in advance of each meeting, a copy of each of the
following:
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 and
Legislative Report, and Financial Report, as provided for in the Bylaws;
and
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5. supporting materials, if practical, for other items on the meeting agenda.
(C) The Council must provide certain oral and written reports to the Delegates at every
regular meeting:
1. Organizing Report: The Director ofOrganizing for the Council shall report to
the Delegates on organizing activities within the Council including, but not
limiting his report to, industry targets, developments in ongoing programs,
obstacles faced and the involvement of volunteer organizing committees
with organizers in jobsite actions and housecalling. The report shall include
specific targets, the specific number ofjob site actions and the specific
number of honsecalls made to nonunion carpenters since the last report, the
names of any contractors signed and the number of members brought in with
that contractor.
2. Membership Retention Report: The senior business agent, or a service
representative appointed by the Executive Secretary-Treasurer, shall report
to the Delegates on membership retention efforts. The report, based on the
Ultra Growth and Retention Report, will include, but is not limited to, the
current number of members, the number of members initiated, on
withdrawal, or transferred since the last report, and specifically the number
of members brought in through organizing activities. For members leaving
the Brotherhood, the report should include an overview of the reasons as
well as all efforts at membership contact, including contacts to encourage
membership participation, and contact to members in arrears or on
withdrawal to encourage their continued membership.
3. Political and Legislative Report: The Council political director shall report
to the Delegates on political organizing and legislative activities within the
Council including, but not limiting his report to, political organizing
activities, current legislation on the Federal, State and Local levels, and
the involvement of volunteer organizing committees in the overall
Council political program. When appropriate the presentation will include,
political campaign activities, membership voter registration, membership
voter education programs, and reports of contacts with government officials.
4. Financial Report: The Chief Accountant shall report to the Delegates on the
District Council's expenses and revenuc.
(D) If the Council Delegate Body determines by a majority vote of its members that the
reports listed above are not sufficient to inform the Council Delegate Body about activities,
membership, or finances of the Council and its local unions, the Council Delegate Body may make
a request for additional information to the Executive Committee and/or the Officers specifying the
additional information that is necessary for the Council Delegate Body to obtain. Such requests
shall be complied with within fourteen (14) days. The reports described herein shall be made
available to the Delegates for review at the District Council no later than five (5) days bcfore the
Delcgate Body meeting.
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(E) An audio recording of each meeting of the Council Delegate Body shall be made.
The audio recording for each Council Delegate Body meeting shall remain in the exclusive custody
of the Chief Compliance Officer. However, the Chief Compliance Officer shall make the audio
recording of any meeting ofthe Council Delegate Body available to the District Council's Office of
the Inspector General, the Review Officer, and to law enforcement authorities upon written request.
ANNUAL AUDIT
Section 23. The Fiscal year for this Council shall be July 1st to June 30th. All accounts
shall be audited in confonnance with these Bylaws and applicable law and a complete
financial report for the fiscal year shall be submitted by the Audit Committee to the Executive
Committee and Delegate Body for review and comment, no later than ninety days following
the close of the fiscal year.
OFFICERS BOND
Section 24. Every Officer, agent or employee ofthe Council who handles funds and
property thereof shall be appropriately bonded through the General Office for the faithful
discharge of their duties.
CHARGES AND TRIALS
Section 25. The exclusive disciplinary procedures for members of the District Council are
provided for in the District Council's Charge and Trial Procedures, effective September 7,2010,
and supplemented by the Review Officer on September 22, 2010 and July 8, 2011. Said Charge
and Trial Procedures shall remain in full force and effect. The District Council shall ensure that
sufficient funding is provided each year so that the District Council's Charge and Trial Procedures
are continued and maintained in full force and effect. During the tenure of the Review Officer, the
term of the members of the Trial Committee shall be eighteen (18) months. After the expiration of
the term of the Review Officer, the term ofthe Trial Committee members shall be twelve (12)
months. The members of the Trial Committee shall be elected by secret ballot vote by each Local
Union. There shall be an equal number of Trial Committee members from each Local Union of
the District Council and no fewer than eighteen or greater than twenty-two (22) members
comprising the committee.
The District Council has established, and shall continue to maintain in full force and effect,
the position of Advocate. The District Council shall ensure that sufficient funding is provided so
that the Advocate may effectively carry out the full scope of his duties. The Advocate can only be
replaced by action of the Delegate Body with the consent of the District Council's Inspector
General and Chief Compliance Officer.
The Advocate's duties shall be as provided for in the policies and procedures developed
pursuant to Section 27(E)(l2) of the Bylaws. The Advocate may also be approved by the
Delegate Body to serve as the Chief Compliance Officer or Deputy Compliance Officer. Those
duties shall include, but not be limited to, preparing and presenting disciplinary charges brought
for or on behalf of the District Council, including the Inspector General, to the Trial Committee.
Any charge filed by the Review Officer may be presented by the Advocate provided that the
Review Officer confirms such delegation in a written notice to the presiding officer of the matter.
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Upon the expiration of the term of the Review Officer, all charges relating to violations of
the Consent Decree, federal law or state law shall be brought by the Advocate. The Advocate
shall be a member of the Bar of the State ofNew York and admitted to practice in the Southern
District ofNew York. Should a vacancy in the position occur, suitable candidates must be sought
by appropriate public notice and selected only after an interview process conducted by the
Inspector General and Chief Compliance Officer who shall each render his written
recommendation for a replacement to the Delegate Body.
RECORDS RETENTION
Section 26. The District Council has established, and shall continue to maintain in full
force and effect, the District Council's Records Retention Schedule, as set forth in a separate
document dated November 19, 2010, which is incorporated herein by reference. The District
Council shall ensure that sufficient funding is provided each year so that the District Council's
Records Retention Schedule and required oversight and enforcement is continued and maintained
in full force and effect.
INSPECTOR GENERAL
Section 27.
and effect, the Office of Inspector General. The District Council shall ensure that sufficient
funding is provided so that the District Council's Office oflnspector General is continued and
maintained in full force and effect. The District Council shall employ an Inspector General and a
Deputy Inspector General, who shall not hold another employment position with, or be an Officer,
Delegate or Steward of, the District Council, except as otherwise provided herein. Neither the
Inspector General nor Deputy Inspector General may serve as the Chief Compliance Officer.
(B) The Council Delegate Body shall appoint individuals to fill vacancies in the
positions oflnspector General and Deputy Inspector GeneraL During the period that the Consent
Decree is in effect, no proposed appointment of individuals to the positions of Inspector General
and Deputy Inspector General may be finalized without the consent of the United States Attorney.
Additionally, during the tenure ofthe Review Officer, no proposed appointment of individuals to
the positions ofInspector General and Deputy Inspector General may be finalized without the
consent of the Review Officer.
(C) The Inspector General and/or Deputy Inspector General may be terminated by the
District Council only for good cause. "Good cause" means significant and reliable evidence that
the Inspector General or Deputy Inspector General has substantially failed to fulfill the
requirements of the position, as set forth herein and in the policies and procedures promulgated
pursuant to Section 27(E)(12) below, in which he or she serves. Prior to termination of the
Inspector General or Deputy Inspector General, during the period that the Consent Decree is in
effect, the District Council must give reasonable, written notice of, and the reasons for, the
proposed termination to the United States Attorney. Additionally, during the tenure of the Review
Officer, the District Council must give reasonable writtcn notice of, and the reasons for, the
proposed termination to the Review Officer. No such proposed termination may be finalized if,
upon receiving notice as required by this section, either the Review Officer or the United States
Attorney objects. Upon the expiration of the term of the Review Officer and the termination of the
21
Consent Decree, the District Council must give reasonable written notice of, and the reasons for,
the proposed termination of the Inspector General or Deputy Inspector General to the UBC
District Vice President. No such proposed termination may be finalized if, upon receiving notice
as required by this section, the UBC District Vice President objects.
(D) The Inspector General shall oversee a staff of investigators and clerical personnel
in the Office of the Inspector General. The Inspector General shall be the senior executive official
of the Office of Inspector General, and shall have overall responsibility for the daily operations of
the Office of the Inspector General. An investigator employed in the Office of the Inspector
General may only be terminated with the consent of the Inspector General and Chief Compliance
Officer. The Inspector General may also serve as the Deputy Chief Compliance Officer. The
Inspector General's jurisdiction shall extend to the District Council, and its affiliated local unions,
and its and their departments, internal operations, field operations, employees, and membership.
The District Council's Chief Accountant shall report to the Inspector General as requested. The
Inspector General or his or her designee(s) under the Inspector General's authority shall have the
same authority as a Council Representative or Organizer of the District Council. The Inspector
General shall have access to all District Council records and Benefit Funds records in the custody
and control of the District CounciL
(E) The Office of the Inspector General shall have the duty, responsibility and
authority to:
1. Investigate, except as otherwise provided for under the Stipulation and
Order, (i) allegations of corruption or misconduct (as defined by the
Stipulation and Order, the Constitution of the United Brotherhood and these
Bylaws), (ii) violations of the collective bargaining agreements and (iii)
other matters as may be assigned by the Delegate Body to protect the lawful
interests of the District Council and which pertain to conduct engaged in by,
or pertaining to, the District Council, and its affiliated local unions, and
members, and when and if evidence of corruption or misconduct has been
obtained, take or recommend that, as appropriate, all necessary and lawful
remedial action be taken including, but not limited to, filing disciplinary
charges with the Trial Committee, filing a criminal complaint, reporting
such conduct to the appropriate authorities for further action, assisting
counsel in preparing legal action, recommending to the Delegate Body
appropriate curative or preventive measures and, when necessary, notifying
the General President of the United Brotherhood of circumstances which
may require his intervention;
2. assist the District Council in complying with the requirements of the
Consent Decree the Stipulation and Order and other orders entered in
United States v. District Council, et al., 90 Civ. 5722, SDNY (RMB);
3. serve as liaison with the Review Officer, appointed pursuant to the
Stipulation and Order, including responding to requests for information
from the Review Officer; communicating with the membership regarding
the Review Officer; conducting investigations referred to the District
22
Council by the Review Officer; and, reporting to the Review Officer as
requested;
4. develop investigative procedures and guidelines, which may address, but
not be limited to, (i) conducting investigative interviews of members,
including Delegates and Officers, and employees of the District Council,
and affiliated local unions, (ii) document and data review, (iii) legal and fact
research, (iv) surveillance, (v) monitoring of employee communications
occurring on District Council phones, computers and other equipment, (vi)
obtaining and securing evidence, (vii) conducting lawful searches and (viii)
lawfully entering jobsites where work is performed pursuant to District
Council collective bargaining agreement(s);
5. serve as a liaison with the Labor Management Committee and Chief
Compliance Officer, working with them to implement measures to prevcnt
jobsite corruption and to investigate allegations of such corruption.
6. identify risks and vulnerabilities to corruption, misconduct, and unethical
conduct, in the District Council's and Local Unions' operations, and
identify effective solutions;
7. assist in ensuring that the District Council has in place and administers
program(s) and/or policies to ensure compliance with the Stipulation and
Order and Consent Decree;
8. assist in the development, implementation, and enforcement of an effective
9. establish a procedure so that anyone having information regarding
allegations of illegal, noncompliant or unethical conduct or corruption
pertaining to the District Council, including affiliated Local Unions,
engaged in by Officers, members or employees of the District Councilor by
persons conducting business with or seeking to influence the District
Councilor persons affiliated with the District Council, may report such
conduct to the Inspector General in confidence, without fear of retaliation or
adverse action, and without revealing who they are, if they so choose;
10. with the assistance of the District Council Advocate, bring disciplinary
charges pursuant to the District Council's Charge and Trial Procedures;
11. report on a regular basis to the District Council Executive Committee with
respect to the efforts of the Office of the Inspector General in fulfilling its
mission. The Inspector General may also report to the District Council
Delegate Body, upon request of either the District Council Delegate Body
or at the Inspector General's own discretion. Provided further, that when
circumstances warrant, and in the discretion of the Inspector General,
reports may be made directly to the District Vice President, Eastern District,
23
or General President, of the United Brotherhood of Carpenters and Joiners
of America;
12. develop policies and procedures for the Office of the Inspector General,
including a description of the scope of the Office of Inspector General and
the District Council Advocate, their duties, including liaison responsibilities
with respect to the Labor Management Committee, and the means and
methods by which they will carry out those duties. Such practices and
procedures shall be subject to thc approval of the United States Attorney and
the Review Officer, as set forth in a separate document which shall be
incorporated herein by reference. Ifthe Tnspector General does not submit
such policies and procedures to the Review Offieer for approval by March
15, 2012, the Review Officer may draft such policies and procedures for
approval by the United States Attorney. The Tnspector General, the Deputy
Inspector General, and their subordinates must conduct their duties in
accordance with said policies and proeedmcs, and may not modify them
without the prior approval ofthe United States Attorney and, during the
CHmF COMPLIANCE OFFICER
Section 28.
Thc District Council has established, and shall continue to maintain in full force and effect, the
position of Chief Compliance Officer. The District Council shall ensure that sufficient funding is
provided each year so that the District Council's Chief Compliance Officer position and function
is continued and maintained in full force and effect.
(A) The District Council shall employ a Chief Compliance Officer and Deputy Chief
Compliance Officer, who shall not hold another employment position with, or bc an Officer,
Delegate or Steward of, the District Council, unless otherwise stated herein.
(B) The Council Delegate Body shall appoint individuals to the positions of Chief
Compliance Officer and Deputy Chief Compliance Officer. During the period that the Consent
Decree is in effect, no proposed appointment of individuals to the positions of Chief Compliance
Officer and Deputy Chief Compliance Officcr may be finalized without thc consent ofthc United
States Attorney. Additionally, during the tenure of the Review Officer, no proposed appointment
of individuals to the positions of Chief Compliance Officer and Deputy Chief Compliance Officer
(C) The Chief Compliance Officer shall develop policies and procedures for the Office
of the Chief Compliance Officer, including a description of the scope of the positions of Chief
Compliance Officer and Deputy Chief Compliance Officer, their duties, including liaison
responsibilities with respect to the Labor Management Committee, and the means and methods by
which they will carry out those duties. Such practices and procedures shall be subject to the
approval ofthe United States Attorney and set forth in a separate document, incorporated hereln by
reference. Ifthe Chief Compliance Officer does not submit such policies and proeedmes to the
Review Officer for approval by March 15,2012, the Review Officer may draft such policies and
procedures for approval by the United States Attorney_ The ChiefCompliance Officer and Deputy
24
ChiefCompliance Officer must conduct their duties in accordance with those policies and
procedures, and may not modifY them without the prior approval ofthe United States Attorney and,
during the Review Officer's tenure, the Review Officer.
(D) The Chief Compliance Officer, assisted as necessary by the Deputy Chief
Compliance Officer who may be the Inspector General, is responsible for ensuring that the District
Council develops, implements, and operates an effective compliance and ethics program
consistent with Section 8 of the Federal Sentencing Guidelines, such that the District Council
shall:
1. exercise due diligence to prevent and detect noncompliant conduct; and
2. otherwise promote an organizational culture that encourages ethical conduct
and a commitment to compliance with the law.
(E) The Chief Compliance Officer shall ensure that the District Council's efforts at due
diligence and the promotion of an organizational culture that cncourages ethical conduct and a
commitment to compliance with the law, within the meaning of Section 8 of the Federal
Sentencing Guidelines, include that:
1. the District Council shall establish standards and procedures to prevent and
detect noncompliant conduct;
2. the District Council's governing authority shall be knowledgeable about the
content and operation of the compliance and ethics program and shall
exercise reasonable oversight with respect to the implementation and
effectiveness of the compliance and ethics program;
3. high-level personnel ofthe District Council shall ensure that the District
Council has an effective compliance and ethics program;
4. specific individual(s) within the District Council shall be delegated day-to
day operational responsibility for implementing the compliance and ethics
program;
5. the District Council shall use reasonablc cfforts not to include within the
personnel of the District Council any individual whom the District Council
knew, or should have known through the exercise of due diligence, has
cngaged in illegal activities or other conduct inconsistent with an effective
6. the District Council shall take reasonable steps to communicate periodically
and in a practical manner its standards and procedures, and other aspects of
the compliance and ethics program, by conducting effective training
programs and otherwise disseminating information appropriate to the
respective roles and responsibilities of necessary personnel;
7. the District Council shall take reasonable steps
25
(A) to ensure that the District Council's compliance and ethics program is
followed, including monitoring and auditing to detect noncompliant
conduct;
(B) to evaluate periodically the effectiveness of the District Council's
compliance and ethics program, and the level of compliance with the
compliance and ethics program by District Council employees and
Officers; and
(C) to ensure that the District Council has and publicizes a system, which
may include mechanisms that allow for anonymity or confidentiality,
whereby the District Council's employees, members, and others may
report or seek guidance regarding potential or actual noncompliant
conduct without fear of retaliation;
8. the District Council's compliance and ethics program shall be promoted and
enforced consistently throughout the District Council through:
(A) appropriate incentives to perform in accordance with the
compliance and ethics program; and
(B) appropriate disciplinary measures for engaging in noncompliant
conduct and for failing to take reasonable steps to prevent or detect
noncompliant conduct;
9. after noncompliant conduct has been detected, the District Council shall
take reasonable steps to respond appropriately to the noncompliant conduct
and to prevent further similar noncompliant conduct, including making any
necessary modifications to the organization's compliance and ethics
program;
10. the District Council shall periodically, but at least annually, assess the risk
of noncompliant conduct and shall take appropriate steps to design,
implement, or modify the compliance and ethics program to reduce the risk
of noncompliant conduct identified through this process.
(F) The Chief Compliance Officer, or his designee, shall sit on any District Council, or
affiliated Local Union, Committee with voice but no vote. The Chief Compliance Officer shall
attend all meetings of the Delegate Body to observe the proceedings and make a confidential
audio recording of the proceedings to be kept in his or her custody for use as authorized herein or
by a written resolution passed by the Delegate Body and endorsed by the signature of the
Executive Secretary-Treasurer. Said recordings are subject to the District Council Records
Retention Policy.
The Chief Compliance Officer and Deputy Chief Compliance Officer may also receive
complaints regarding misconduct involving the District Council.
26
(G) The Chief Compliance Officer shall report on a regular basis to the District Council
Executive Committee with respect to the efforts of the Chief Compliance Officer in fulfilling the
mission of the position. Also, the Chief Compliance Officer shall report quarterly to the District
Council Delegate Body, and may report more frequently upon request of either the District
Council Delegate Body or at the Chief Compliance Officer's own discretion. The Chief
Compliance Officer shall report on the effectiveness of the compliance and ethics program in
general, and the fulfillment of the Chief Compliance Officer's responsibilities, in particular.
Provided further, that when circumstances warrant, and in the discretion of the Chief Compliance
Officer, reports may be made directly to the District Vice President, Eastern District, or General
President, ofthe United Brotherhood ofCarpenters and Joiners of America.
(H) The Chief Compliance Officer or Deputy Chief Compliance Officer may be
terminated by the District Council only for good cause. "Good cause" means significant and
reliable evidence that the Chief Compliance Officer or Deputy Chief Compliance Officer has
substantially failed to fulfill the requirements ofthe position in which he or she serves, as set forth
herein and in the procedures promulgated pursuant to Section 28(C) above. Prior to termination of
the Chief Compliance Officer or Deputy Chief Compliance Officer, during the period that the
Consent Decree is in effect, the District Council must give reasonable, written notice of, and the
reasons for, the proposed termination to the United States Attorney_ Additionally, during the
tenure of the Review Officer, the District Council must give reasonable written notice of, and the
reasons for, the proposed termination to the Review Officer. No such proposed termination may
be finalized if, upon receiving notice as required by this section, either the Review Officer or the
United States Attorney, objects. Upon the expiration of the term of the Review Officer and the
termination ofthe Consent Decree, the District Council must give reasonable written notice of,
and the reasons for, the proposed termination of the Chief Compliance Officer or Deputy Chief
Compliance Officer to the UBC District Vice President. No such proposed termination may be
finalized if, upon receiving notice as required by this section, the UBC District Vice President
objects. The Chief Compliance Officer shall take charge of all the ballots cast in any election
of the Council and shall preserve said ballots and other records relating to the election for a
period of one year after the election date.
DIRECTOR OF HUMAN RESOURCES
Section 29.
and effect, the position of Director of Human Resources. The District Council shall ensure that
sufficient funding is provided each year so that the District Council's Director of Human
Resources position and function is continued and maintained in full force and effect
(B) The Council Delegate Body shall appoint an individual to fill any vacancies in the
positions of Director of Human Resources. During the period that the Consent Decree, issued in
United States v. District Council, et a1., 90 Civ. 5722, SDNY (RMB) is in effect, no proposed
appointment of an individual to the positions of Director of Human Rcsourccs may bc finalized
without the consent ofthe United States Attorney's Office for the Southern District ofNew York.
Additionally, during the tenure of the Review Officer appointed under the June 3, 20 I 0 Stipulation
and Order in the above captioned case, no proposed appointment of an individual to the position
of Director of Human Resources may be finalized without the consent of the Review Officer.
27
(C) The Director of Human Resources shall have responsibility for implementing,
maintaining, and ensuring compliance with the District Council Personnel Policy, and a document
retention program, and also assisting in providing training for, and dissemination of, an effective
compliance and ethics program. The Director of Human Resources may not change the provisions
of the District Council Personnel Policy without the approval of the United States Attorney's
Office for the Southern District ofNew York and, during the tenure 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. At his or her discretion, the Director of Human
Resources may bring issues related to the position to the attention ofthe District Vice President.
(D) The responsibilities and duties of the Director of Human Resources shall also
include, but not be limited to, the following:
1. develop and present for annual approval by the Council Delegate Body a
table of organization identifying the relevant employee positions within the
District Council (including job titles and descriptions of responsibilities and
associated salary ranges) and the number of individuals needed to be
employed at any given time for each position to efficiently conduct the
necessary business of the District Council within budgeted costs. Said table
of organization may only be otherwise amended upon a majority vote of the
Delegate Body after receiving from a majority of the members of the
Executive Committee a written statement of necessity to amend the table of
organization which states why such amendment is necessary for the conduct
of said District Council business;
2. ensure that j o b opportunities and openings are appropriately advertised
and that candidates for employment arewell qualified and are hired throug!:l
uniform, best practices (including development and use of application
forms, standardized interviews and rating on objective criteria by duly
authorized hiring committee);
3. ensure that all required and appropriate Human Resources-related records
are maintained properly and securely;
4. process, investigate, and report to the District Council complaints of alleged
discrimination and harassment through uniform procedures;
5. ensure that objective performance and productivity evaluations of all
District Council employecs are completed at least annually;
6. interact with other functions and departments of the District Council;
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 Three Hundred Dollars ($300).
28
Arrangements may be made for the payment ofinitiation fees by installments. The Initiation Fee
for apprentices shall be in accordance with the Constitution and Laws ofthe United Brotherhood.
Where an ex-member has violated any of the Rules and Laws ofthis Council and has been tried
and found guilty of same and where a fme has been imposed. such fine must be 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 ofthe United Brotherhood on the Local Unions' books. No
member shall be entitled to receive a working card from a Local Union unless all arrearages for
dues, fines and assessments are paid in full.
REPRESENTATIVES AND ORGANIZERS
Section 32.
(A) All Representatives and Organizers working in the jurisdiction of the Council
must be hired pursuant to, and their employment governed by, the procedures outlined herein
and in the District Council Personnel Policy. Such employees shall be subject to regular
oversight by the Executive Committee and shall be placed under the supervision and direction of
the Executive Secretary-Treasurer of the Council. No Representative, Organizer, or Special
Representative shall have authority to act as such until he or she receives the proper credentials
from the Council.
(B) The Local Unions shall not be allowed to employ anyone other than clerical
employees.
(C) Any member who represents himself or herself as a Representative or any
member acting as such and not having received credentials from the Council, or a Business
Representative whose credentials have been canceled and who represent" himself or herself as a
Representative of this Council or any Local Union. shall for the first offense. after having been
tried and found guilty. be fined a sum of Five Hundred Dollars ($500.00) and for the second
offense, iffound guilty shall be expelled from the United Brotherhood.
FURTHER OBJECTIVES
Section 33. The Council shall have the authority to organize and operate a special
Political Education Committee for the purpose ofpolitical objectives including, but not limited to,
public relations, political activities and contributions and furtherance of legislation. Such
Committee shall operate pursuant to its bylaws and act in accordance with all applicable laws.
LAWSUITS AGAINST THE COUNCIL
Section 34. No member fined. suspended or expelled by action of the Council shall file
any lawsuit against the Council, its Officers or Representatives, or its affiliated Local Unions
without first exhausting all appeal remedies provided for in these Bylaws and the Constitution of
29
AMENDMENTS
Section 35.
(A) Any amendments and changes to these Bylaws may be put into effect by the
action of the Delegates at a Special Convention of the Council.
(B) A pro}X>scd change must be submitted in writing by at least one third ofthe Local
Unions affiliated with the District CounciL, with the seal affixed provided that the Resolutions
Committee consisting of three (3) or more members has reviewed and approved the resolution
as to its legality in accordance with the Constitution and Laws of the United Brotherhood and the
applicable Collective Bargaining Agreement. and State and Federal laws.
(C) An changes or proposed changes to the Bylaws or Trade Rules ofthis Council or any
ofthe Local Unions shall be first referred to the Executive Committee for consideration and
recommendation, and then referred to a Bylaws committee for consideration and, if warranted,
recommendation to the Delegate Body that a proposed change or changes be adopted. If
approved by the Council and in accordance with Section lIB of the Constitution and Laws ofthe
United Brotherhood (the "UBC Constitution"), the proposed change or changes must be submitted
to the General Vice President for approval after review of, among other things, whether such
change or changes are in conformity with the UBC Constitution, are in the best interests of the
District Council, and will further the objectives of the Consent Decree or Stipulation and Order.
Notwithstanding the foregoing, nothing herein shall change or limit the authority of the General
Bylaws. All proposed changes to the Bylaws shall be subject to the approval of the United States
Attorney and, during the term of the Review Officer, the Review Officer.
SEVERABILITY
Section 36. If any Section or part of these Bylaws shall be held invalid by operation of
law or by any tribunal of competent jurisdiction, the remaining Sections of these Bylaws shall
not be affected 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 the authority to adopt policies and procedures consistent
with these Bylaws to govern the Council and all Local Unions, and to enact all measures,
resolutions, trade rules, instruction to members and Local Unions and all other actions that may
be necessary to further the objectives and purposes of the Council. Provided further that the
foregoing shall be in conformity with the Consent Decree, Stipulation and Order of June 3, 2010, and
any other Order entered, in United States v. District Council, 90 Civ. 5722 (CSH). and subject to the
approval ofthe United States Attorney and. during the term ofthe Review Officer, the Review
Officer.
(B)These Bylaws, Trade Rules and any other rules, resolutions and directives adopted
by the Council shall govern and be binding on each Local Union.
30
(C)Any subject not covered by these Bylaws and Trade Rules shall be governed by the
Constitution of the United Brotherhood and nothing in these Bylaws shall in any way be construed
to conflict with the Constitution of the United Brotherhood.
(D) The Executive Committee of the Council shan have the authority to can a
Special Convention. Written notice describing the purpose of a Special Convention must be
given to all Delegates and 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 the Delegates to this Council.
(E) All current Bylaws ofLoca1 Unions must be submitted to the Council for
approva1. All Bylaws of Local Unions that are inconsistent with these Bylaws are superseded.
HIRING HALL OR JOB REFERRAL SYSTEM
Section 38. The Executive Committee ofthe Council shall maintain, and all workers shall
be governed by, uniform rules and/or procedures consistent with the Consent Decree, and any
other Order entered in United States v. District Council, et al., 90 Civ. 5722, for the registration
and/or referral to employment of unemployed workers. Workers shall have the right to seek
work and be employed throughout the territorial jurisdiction of the Council. The referral of all
workers to jobs shall be performed by the Executive Secretary-Treasurer. Representatives,
organizers and agents ofthe District Council may not otherwise refer members to jobs or in any
way inform an employer that a member is available for employment. The Executive Secretary
Treasurer shall 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.
SHOP STEWARDS
Section 39.
(A) All Stewards shall be appointed by the Council Delegate Body or its duly-
authorized designee in a fair and equitable manner consistent with job referral rules and the
Consent Decree entered in United States v. District Council, et al., 90 Civ. 5722, and any
other applicable order issued pursuant to that case.
(8) Stewards shall be members of the District Council in good standing and be
appointed according to their skills and position on the out of work list.
(C) The Council may require workers who desire to serve as a Steward to complete the
UBC's Comprehensive Steward Training Program; have five (5) years journey level experience in
the construction industry; and to provide the Council a declaration ofeligibility to serve as a Shop
Steward, attesting that they have not been convicted of any crime which would make them
ineligible to serve as a Shop Steward under Section 504 of the Labor Management Reporting and
Disclosure Act of 1959.
31
.
(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 not be dispatched as Shop Steward and their Shop Steward credentials will be suspended until
the Code ofEthics is on file.
(E) All Shop Stewards must have on file at the Office of the Inspector General, a copy
of the "Notice of Acknowledgement Regarding Background Investigation" authorizing a
background check. Any Shop Steward not having such notice will not be dispatched as Shop
Steward and their Shop Steward credentials will be suspended until the Notice of
Acknowledgement is on file.
(F) No worker shall be referred from the out-of-work list out of tum to fill a
Steward position.
(G) All Stewards must take the District Council eight (8) hour certification class and
complete the 200 1 Skill Set Training. In addition to the UBC's Comprehensive Steward Training
Program and the required working experience provided under this section, the following skill sets
shall be required of any worker who desires to serve as a Steward.
UBC Comprehensive UBC Comprehensive UBC Comprehensive
Steward Training Program Steward Training Program Steward Training Program
10 Hour Construction 10 Hour Construction 10 Hour Construction
Safety Course (OSHA) Safety Course (OSHA) Safety Course (OSHA)
First Aid Certified First Aid Certified First Aid Certified
CPR Certified CPR Certified CPR Certified
Sexual Harassment Hazardous Communications Sexual Harassment
(MSDS)
Prevention Course Prevention Course
HiltilRam-Set Power Tool District Council LD.
Activated Certified Process
Certified of Fitness Bureau * 30 Hour OSHA training
for Floorcoverers
of Fire Prevention, NYC
32
Laser Safety (NYS DOL)
. District Council 1.0.
Process
District Council 1.0.
Process
33

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