UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Civil Action No: 1:90-5722-RMB-THK
Plaintiff,

-against-

DISTRICT COUNCIL OF NEW YORK CITY MOTION FOR

and VICINITY OF THE UNITED BROTHER- RELIEF UNDER
HOOD OF CARPENTERS and JOINERS OF THE CONSENT DECREE
AMERICA, et al.,

Defendants. Dated: January 25, 2011

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Movant, Michael Bilello, pro se, a member in good standing of the United Brotherhood

of Carpenters and Joiners of America and Local Union No. 157, United Brotherhood of Carpen-

ters and Joiners of America, pursuant to paragraph 17 of the Consent Decree entered in this mat-

ter, and in support of his Motion, states as follows:

I. NATURE OF THE ACTION

1. This Motion arises out of a Consent Decree entered on or about March 4, 1994, which

settled the above-captioned action (the “Consent Decree”). The Consent Decree also

provided for certain relief, including, but not limited to, wide spread changes and refor-

mation of the governance and operations of the Defendant District Council of New York

City and Vicinity of the United Brotherhood of Carpenters and Joiners of America (the

“District Council”) and the appointment of an Investigations and Review Officer (the

“IRO”) to monitor the District Council.

2. Movant brings this action pursuant to paragraph 17 of the Consent Decree seeking an Or-

der: (i) scheduling District Council Elections on a date certain, to be concluded on before

December 31, 2011; (ii) declaring the Trusteeship imposed on the District Council by the
 United Brotherhood of Carpenters and Joiners of America on August 10, 2009 terminated

as of installation of newly elected District Council Officers as soon as possible thereafter

but no later than January 31, 2012; and (iii) for such other relief as is appropriate.1

II. JURISDICTION AND VENUE

3. Jurisdiction of this Court is invoked pursuant to the Labor Management Reporting and

Disclosure Act (“LMRDA”), Section 464 (c), 29 U.S.C. Section 464, paragraph 17 of the

Consent Decree, the Stipulation and Order (Dated: June 3, 2010) (the “Stipulation”), pa-

ragraph 12. g, p. 20.

4. The venue of this action is the Southern District of New York in that the District Council

maintains offices at 395 Hudson Street, New York, New York 10014 within this District

as provided in Section 464 (b) of the LMRDA.

III. UNDERLYING AND SUPPORTING FACTS FOR RELIEF

5. Under the auspices of the IRO, the District Council prepared and implemented revised

District Council By-laws (the “Bylaws”), in which the District Council implemented

wide-spread reformation of its operations to bring greater accountability and transparency

to its governance and operations. A true and accurate copy of the Bylaws are attached

hereto as Exhibit B.

6. Under the auspices of the Government, the District Council also prepared and imple-

mented new District Council 2008 Final Election Rules (the “Election Rules”). A true

and accurate copy of the Election Rules are attached hereto as Exhibit C. Elections have

since been successfully conducted pursuant to those Election Rules.

1
True and accurate copies of pages 1-2 and 18-19 of the Consent Decree are attached as Exhibit A.

2
7. Since that time and to the present the District Council has been subject to a series of

Monitors appointed pursuant to the Consent Decree and Stipulation.

8. On August 10, 2009, the UBC imposed supervision arising out of alleged corruption

within the District Council. A true and accurate copy of General President Douglas J.

McCarron’s Letter (Dated August 10, 2009) (“UBC Letter”) imposing trusteeship is at-

tached hereto as Exhibit D.

9. On June 3, 2010, pursuant to the Stipulation, Review Officer Dennis Walsh (the “Review

Officer”) was appointed and, among other things, pursuant to paragraph 5.a., was granted

authority to monitor compliance with the Consent Decree, including vetoing certain ac-

tions, to investigate operations, to supervise and conduct District Council Elections and to

make recommendations regarding District Council operations and governance (Stipula-

tion, para. 5, p. 4). A true and accurate copy of the Stipulation is attached hereto as Ex-

hibit E. The Review Officer’s term ends December 3, 2012 (Stipulation, para. 8.c, p.

17).

10. Pursuant to paragraph 5. m. (i), the Review Officer is required to submit an Interim Re-

port to the Court not less than every six months regarding his activities (Stipulation, para.

5. m.i., p. 13

11. On December 3, 2010, the Review Officer issued his First Interim Report. In his Report

the Review Officer states:

2. New Safeguards, Systems and Bylaws Must Be in Place

The UBC's supervision provides an opportunity to transform the infra-

structure and operations of the District Council. The success of that undertak-
ing is an absolute imperative before the resumption of democratic governance.
The UBC needs to work expeditiously to achieve this goal. I cannot say when
the goal will be realized or when the District Council will be ready to hold
elections. The eighteen-month presumption of validity of the supervision will

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 expire in March [SIC] 2011. I expect that it will then be challenged by as yet
unknown parties. If, at any time, I have reason to believe that the UBC is not
working expeditiously to implement the changes required to insure best prac-
tices in the operation of the District Council, I will inform the Court….

That said, I believe prudence dictates that some significant portion of my

tenure overlap with that of the regime selected in the next District Council
election. My tenure expires on December 3, 2012. Further, the Stipulation
and Order contemplates the Review Officer being deeply involved in the con-
duct of the next election should it be held during his [SIC] tenure. Paragraph
5.k. Therefore, absent unforeseen circumstances, it is not unrealistic to be-
lieve that elections can and should be conducted by the end of 2011.

(emphasis added) (Interim Report (Dated: December 3, 2010), Part One, J. 2, pp.

45-46)2.

IV. GROUNDS FOR RELIEF

12. The Order and relief sought in this Motion is warranted for the following reasons:

a. The purposes of the Consent Decree will be carried out in returning the District

Council to democratic governance by its own members (Consent Decree, first pa-

ragraph, p. 2 (“WHEREAS, the parties agree that one of the purposes of the Con-

sent Decree is to ensure that the District Council and its constituent local unions

shall be maintained and run democratically….”);

b. There are sufficient safeguards set forth in the Revised District Council Bylaws to

insure transparency, accountability and democratic governance by its members;

c. There are sufficient safeguards (and further safeguards implemented by the Re-

view Officer in the next 120 days pursuant to Stipulation) to conduct a fair elec-

tion of District Council Officers;

d. The previous District Council Officers that gave rise to the Trusteeship initially

have been since removed by either the Review Officer or other authorities and

2
A true and accurate copies of pages 1 and 45-46 of the Interim Report are attached hereto as Exhibit F.

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 therefore, the basis which instigated the imposition of trustees has been removed

(UBC Letter, pp. 1-2);

e. There is no basis to believe that the District Council governance and operations

cannot be conducted by duly elected officers, especially with the assistance and

under the Review Officer’s significant authority and oversight (Stipulation, para.

5.b.-k., pp. 5-12);

f. Pursuant to the Stipulation, the Review Officer is available and authorized to

monitor compliance of all aspects of the proposed District Council Elections (Sti-

pulation, para. 5.k, p. 12).

g. The Review Officer has also expressly stated that “it is not unrealistic to believe

that elections can and should be conducted by the end of 2011 (emphasis added)

(Interim Report (Dated: December 3, 2010), Part One, J. 2, pp. 45-46).”

h. The Time Table in the Election Rules requires a six month period commencing on

June 1 (Election Rules, I.B, pp. 1-4). And more importantly, the Stipulation re-

quires the Review Officer “to propose rules and procedures for the conduct of

elections no later than 120 days before the first election during his tenure is to oc-

cur (Stipulation, paragraph 5.k.ii, p. 13). If the Review Officer’s mandate to pro-

pose revisions to the Election Rules within 120 days before the next Election and

his stated deadline to conclude Elections by December 31, 2011 is going to com-

port with the Election Rules’ timetables that begins elections procedures on June

1, the Review Officer’s Proposed Election Rules must be issued as soon as possi-

ble but no later than February 1, 2011.

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 V. PRAYER FOR RELIEF

Wherefore, Movant, Michael Bilello, prays and requests that this Court enter an Order:

A. Scheduling District Council Elections on a date certain, and in any event, so that the

Election process will be concluded on before December 31, 2011;

B. Declaring the Trusteeship imposed on the District Council by the United Brotherhood of

Carpenters and Joiners of America on August 10, 2009 terminated as of installation of

newly elected District Council Officers as soon as possible thereafter but no later than

January 31, 2012; and

C. Awarding such other relief as is appropriate.

Levittown, New York

Dated: January 25, 2011

Respectfully submitted,

By: Michael Bilello

Address:

Telephone Number:
E-mail:
 VERIFICATION

STATE OF NEW YORK )

)
COUNTY OF _____________ ) ss: _______ of _____________

MICHAEL BILELLO, being duly sworn, deposes and says: that I have read the within Mo-
tion in the above-captioned matter. I know the contents thereof and the same are true to the best
of my knowledge, except those matters therein which are stated to be alleged on information and
belief, and as to those matter I believe them to be true.
Levittown, New York
Dated: January 25, 2011
____________________________
MICHAEL BILELLO
Sworn to before me this
__ __ day of ___________, 2011

_______________________
Notary Public