william walsh memorandum on eligibility oct 2013.docx

7/27/2019 William Walsh Memorandum on Eligibility Oct 2013.docx

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MEMORANDUM

BETWEEN

WILLIAM WALSH

CARPENTERS LOCAL 157

AND

DISTRICT COUNCIL OF CARPENTERS OF NEW YORK AND VICINITY,

REVIEW OFFICER, DENNIS WALSH

DATED: October 21st

, 2013

This memorandum will document the circumstances of William Walsh being deemed not eligible to serve as

Delegate to the New York City District Council of Carpenters (NYCDCC) on October 9th

, 2013. The paradigms of

this memorandum will elucidate how the Stipulation and Order and Consent Decree are being provoked and

anticipate the United States District Courts assessment on why Mr. Walshs eligibility results are disregarded by

the United Brotherhood of Carpenters (UBC) General President Douglas J. McCarron.

Mr. Walshs was regarded not eligible for the position of Delegate to the NYCDCC by the UBC General President in

Section 31D of the UBC Constitution. The election protest was received by the UBC on July 15th

, 2013, initiated by

Mr. Joseph Nina, Local 157 member and NYCDCC Trustee, who was not re-elected to serve as a delegate at the

June 19th

, 2013 election. Mr. Nina proceeded to file the grievance on Mr. Walshs disability eligibility, not the

nomination, election protest or an election procedure. It is clear in Section 53G of the UBC Constitution that any

grievance may be appealed to the General President thirty (30) days from the date the grievance occurred.

Mr. Walsh was determined eligible, in writing, by Local 157 President Mitchell Sonntag, the Local 157 Election

Committee and the local union legal counsel, Pitta & Giblin LLP on or before June 11th

, 2013. Thirty days from this

date is July 10th

, 2013, and puts the Nina grievance over the thirty day threshold. This protest should be null and

void due to not meeting the UBC requirements.

The following lists the officials involved in the process for Mr. Walsh to be deemed eligible to participate in the

June 19th

, 2013 Delegate election. The eligibility determinations of all have been disregarded by Mr. McCarron.

1) President Mitchell Sonntag, Local 157.2) Pitta and Giblin, LLP. (Counsel to Local 157)3) NYCDCC Executive Committee. (as per Section 18, NYCDCC Bylaws)4) Local 157 Election Committee.5) Review Officer (R.O.), Dennis Walsh. (Stipulation and Order, Section K.iv.)6) Stipulation and Order (Section H.iii.) Review Officers required report to the Court, the Government and

NYCDCC on findings and recommendations.

7) NYCDCC Election Rules (Section 1.)General President McCarron determined Mr. Walsh was not eligible under Section 31D as someone who was not

employed by the organization as a full-time officer or representative. On the contrary, Mr. Walsh is currently

serving as a full time officer as Recording Secretary Pro Tem, receiving monetary compensation from the Local 157

and was during the entire election process in June, 2013.

General President McCarron states that Mr. Walsh hasnt been depending on the trade fora livelihood. Mr.

Walsh has demonstrated that he has received many dispatches from the Out of Work List (OWL) before

nominations, during the election and continues to work as a carpenter as defined in Section 7 of the UBC


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Constitution. Mr. Walsh, a Certified Job Steward, has been paying full dues, assessments, and has met District

Council member participation requirements. The stipends serving as an officer for Local 157 and the NYCDCC Audit

Committee help supplement his income. There is no clear criteria stating how many hours a member must achieve

to reach the vague depending on the trade status. Even if a member is waiting on the OWL for work, collecting

un-employment, ready, willing and able to work they are depending on the trade for a living. Mr. Walsh has

numerous monthly expenses including rent, medical bills, insurance premiums, food, utilities, dues and travel

expenses that he is desperately depending on his trade to survive from.

A retiree who is living off their pension is depending on the trade because if the union was dissolved tomorrow,

that pensioner would be out of an income stream. Review Officer Walsh has concurred with this scenario and has

also publically stated at the R.O. Forum on April 14th

, 2013, that William Walsh is working, depending on the trade

and he would go to Judge Berman on his behalf, if necessary.

Mr. McCarron stated that Mr. Walsh should have never been a candidate and votes casted for him affected the

outcome of the Local Union 157 election. Mr. McCarron has ordered the election of 40 delegates to the District

Council null and void because of the alleged tainting of one candidate, Mr. William Walsh. This decision will cost an

enormous amount of members resources and time to an already disenfranchised membership.

The eligibility determinations that were made by the above listed officials were not conducted haphazardly in favor

of any member to run for delegate. These members are proven servants to the membership and their integrity is

well-known. Many members now suspect that there is political maneuvering to try to discredit the Review Officers

oversight. Sadly, there is wide-spread opinion that Local 157 membership is being forced to redo an honest

election to realign a fairly elected delegate body. The local union and the members will bear a significant expense

to re-run another election. At the October 16, 2013 Local 157 membership meeting, the General Presidents

decision to declare the June 19th

Delegate Election null and void was met with great opposition. Note that as the

largest local union in the New York City District Council of Carpenters, the Local 157 Delegates comprise 40% of the

Delegate Body.

The membership expressed their opinion that for 40 duly elected delegates to have to be re-nominated and re-run

the election because of a challenge to the eligibility of one candidate is nothing more than a disgrace. The

consensus of the membership is union democracy is under attack and their votes dont count. It was stated that

this is a demonstration of partiality and it is discouraging the membership to participate in their union. This

alienation is where the Consent Decree is under attack. Members continue to lose confidence in their leaders

when their votes are cast and they witness decent, proven members trying to better their union get elected and

then voided.

For General President McCarron to rule that Mr. Walsh does not meet any of the requirements and was not

depending on the trade is problematic. Mr. McCarron is clearly disregarding the documented proof of confirmed

worked hours and dispatches from the OWL. Mr. Walsh was relying on the OWL before, during the election and

continues to depend on the trade. There still is no clear criteria sustained by the UBC on how many opportune

hours are required to be considered working for a livelihood or depending on the trade. As long as Mr.

McCarron and the UBC avoid the specifics of the William Walsh eligibility question, we will never have this

indistinct issue resolved for future disabled and retired members. Any fair -minded, judicious person can clearly see

that this is an injustice, political and discriminatory towards Mr. William Walsh, Delegates of Local 157 and theentire membership of the NYCDCC.

Review Officers Sixth Interim Report Quote:

Selfish, politically motivated decisions that in effect assault the imperative of best practices and compliance will

cause grave if not fatal harm to the goal of the Stipulation and Order and must not be considered by leaders who

are truly committed to achieving the autonomy of the Union D.W.


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william walsh memorandum on eligibility oct 2013.docx

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