Lets Get to Work: NYCDC Draft BYLAWS

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Re: Draft BYLAWS

John Musumeci
Administrator
To Anonymous: You have exposed me, Richard and I have consulted for years and created this blog for intelligent members like yourself to keep you informed.

Here's an idea because I love to "dictate how everyone else should do it," instead of insulting me, why not enlighten us with your obvious wisdom and participate in the comment process and help create a record as to why these bylaws will be good or bad for the membership.
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Re: Draft BYLAWS

Tom McGuire
In reply to this post by John Musumeci
Thats exactly what it means, so in essence you could wind up with 20 employees since the first 10 would not count. Fucked, aint it? But these are the people looking out for the members? Does your ass hurt yet folks?
Ted
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Re: Draft BYLAWS

Ted
In reply to this post by Anonymous
TODAY IS DAY 6,279 COUNTING LEAP YEARS, OR 17.19 YEARS since the Consent Decree issued
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The 6th Circuit, in Carpenters Local 267 (Dresden) Ohio stated:
__________________________________________________________________________
 "Looking to the mechanics of the loss of the right to elect a Business Representative, the District Court reasoned it was adoption of the Council Bylaws, not the reorganization that eliminated the Locals right to elect a business representative. Indeed it was the Capital District Council bylaws that created that right on the first place"....

This evinces two things: a) the UBC shopping the Appellate Courts for favorable rulings & b) clear Judicial Error as a matter of law

The Right to Elect a Business Agent/Representative does not flow from the UBC Internationals Constitution or any of its subordinate Council Bylaws, or from any UBC Locals Bylaws.....rather, it flows from the NLRA, both the preamble & Section 7 rights - period.

You will note, the UBC International uses our monies & has spent $100M (minimum) on attorneys, held on retainer & that they have been systematically attacking & shredding the NLRA for 25+ years.  They shop the District Courts & the Appellate Courts, obtain 1 victory in one Circuit Court & then apply that immediately on a National scale. The UBC International has never been to the US Supreme Court & they avoid it at all costs.

Now, in another case, which made a Local Attorney famous (he built his practice on it) concerned UBC Local 48 in Fitchburg, MA. This case was a forced merger case. The Locals rep's although having a great case, failed miserably as they: eschewed any & all discovery, took no interrogatories and took no depositions, nor did they use the Federal Rules of Civil Procedure in an effort to buy time for any discovery. Result - Summary Judgment, UBC International.

McCarron counts on this to win bullshit cases. This case too was used as a National precedent by the UBC to pull the exact same thing nationwide, at their pleasure. Christopher N. Souris was a young buck attorney working for Feinberg, Charnas & Schwartz, Boston, Mass (ironically the decision went down on 12-7-90, Pearl Harbor Day).

This clown made his bones on a summary judgment case & soon thereafter began running his own firm (Souris, Krakow & Bermingham, Boston, MA) and has been NERCC's lead Counsel for years. His most recent case.....UBC 43 & Kevin Lebovitz {MOBILITY}.

Now who do you suppose got Souris that first Office Lease for his newly formed Law Firm? It wouldn't be the UBC International now would it....I mean, they're honest men right? The UBC would never do anything underhanded, crooked, off the books....right? Wrong!

The point is simple, the UBC International hires attorneys, as does each Regional Council which are hell bent on destroying rank & file member rights guaranteed by Federal Law. Not only should these attorneys be disbarred from the practice of law, a few Circuit Court Judges that the UBC obviously bought off, should go down with them.

Some of the Circuit Court cases which Doug holds close to the chest, considered major victories - those are the ones rife with clear & easily provable & so-called "Judicial Error"....major errors of law, which would impart gross negligence, mental incompetence to the Judge(s) so ruling, or which would be indicative of the Judge being bribed, bought off, paid by the UBC International to write a decision in their favor.

The UBC International has patterned all other cases after these two. Any attorney speaking on their behalf, regardless of where they are in the USA has but one thing on their agenda, trashing workers rights, trashing the NLRA. For 25-years, they have not put forth one case defending UBC rank & file rights. Every case is about their corporate agenda & turning the clocks back on you 100-years.

Your frustation is noted, but John is not the problem here...Doug is, so stay focused.
__________________________________________________________________________
__________________________________________________________________________
POSTED MAY 9TH

QUESTION: Are you in favor of a ONE YEAR Contract Extension OR do you approve of allowing BTEA & the UBC International & DC Criminals to continue with pretend Negotiations, allegedly occurring now, w/o NYC members having a Seat at the Table?

__________________________________________________________________________

One (1) Year Contract Extension, Freeze Wages & Benefits where they are right now.

Until the NYCDCC has Bylaws which comply with the Law & the NLRA; and, RO Walsh & the US Attorney put the CBA alongside the Bylaws & UBC Constitution - and strike with the VETO PEN (line item basis) all VIOLATIONS of Federal Law, inclusive of the Trust Fund Agreements....the CORRUPTION will never end.

It starts there, but it is quite obvious that from the inception of the Consent Decree on March 3, 1994 through today ( DAY 6,279), that the Court, the US Attorneys, the IRO & the UBC International & District Council have failed & refused to do this simple task.

That is the very first thing a competent attorney or judge would do!

A Contract Extension will preserve the status-quo and save the NYCDCC rank & file from the UBC International handing the Contractor Associations a $1.04 Billion Dollar per year kiss...which equates to $3.12 Billion dollars over a 3-YEAR CONTRACT (CBA).

The UBC International & BTEA Executives are attempting to pull off another Brinks Job, right under the nose of an Incompetent US Attorney (Torrance), the new & as yet not totally up to speed Judge Berman and RO Dennis Walsh.
___________________________________________________________________________

This was posted & the BYLAWS suddenly became available? Why - simple, a means of diversion & distraction for the rank & file.....bylaws are important, however, they are not as important as:

AN IMMEDIATE ONE YEAR CONTRACT EXTENSION.....$3.12 BILLION DOLLARS, 3-YEAR KISS TO THE CONTRACTOR ASSOCIATION (aka the MOB)!!

1) Freeze everything for one year until the Bylaws are re-drafted to comply with the Law(s) as noted above, the UBC Constitution as well.....BOTH DOC'S GO HAND IN HAND.

2) All Nominations & Elections of Local Officers are conducted & seated and functioning

3) NYC District Council Elections are held for all OFFICER POSITIONS

4) All current NYCDCC "At Will employee's" sign the LCN Paper

5) ALL TRUST FUND Employees, Trustees, Fiduciaries & Fund Advisors sign the LCN Paper

6) ALL TRUST FUNDS have certified forensic audits by firms outside the grasp of the UBC International and/or the District Council & the employees & books are judged clean, up to snuff.

7) ALL UBC INTERNATIONAL Officers sign the LCN papers

GIVEN THAT 17.19 YEARS HAVE ELAPSED, IT IS HIGH TIME THE US ATTORNEY, RO WALSH & THE COURT WENT BACK TO THE BASICS...WHAT DOES THE NLRA REQUIRE?

IDENTIFY & DELETE ANY & ALL AREAS (SEVERABILITY) OF THE UBC CONSTITUTION & PROPOSED COUNCIL BYLAWS (UP TO FINAL DRAFT/VERSION) WHICH FAIL TO COMPLY WITH THE NLRA, STATE & FEDERAL LAWS.

THE SAME EXERCISE IS REQUIRED OF ALL CBA'S & TRUST FUND AGREEMENTS.

THE ABOVE ITEMS WILL TAKE ONE YEAR, LESS IF WALSH FORCES THE ISSUE  & MANDATES COMPLIANCE TO THE LAW(S).
__________________________________________________________________________

Conferencing needs to begin here.....COPY OF NLRA, LMRDA, all TRUST FUND AGREEMENTS, UBC CONSTITUTION, NYCDCC BYLAWS-FINAL VERSION & CBA....starting with the US Attorney, RO Walsh & a handful of dedicated UBC members.....WHEN DONE, THEN & ONLY THEN DO YOU MEET WITH THE UBC (in or out of Court).

When you go to Court, resume formal Motion Practice & force the UBC International to defend their "positions" by law(s), as opposed to their wish list of crap they want to force down everyones throats.

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Re: Lets Get to Work: NYCDC Draft BYLAWS

Joseph
In reply to this post by John Musumeci
Section Titled

DUTIES OF THE EXECUTIVE SECRETARY-TREASURER

Section 10.

Should Read as Follows;

"(A) The Executive Secretary-Treasurer shall cause to be kept and be Responsible to Provide detailed records of each Council Delegate Body meeting by Video/Audio Recording along with Stenographic Transcription.These records{video/audio and stenographic transcription] will be made available to all NYDCC Members through the NYDCC Secured Wed Site.The Executive Secretary-Treasurer shall cause to be kept and be responsible to Provide an Electronic Voting Recording System of all roll-call votes cast by Delegates. All roll-call votes cast by Delegates shall be taken by an Electronic Voting Recording System{EVS]. The EVS will record and store the subject of the vote, keep a record of each Individual Delegates Vote on the subject by Yes, No or Abstained. This Voting record will be made available to all NYCDCC Members through the NYDCC Secured Wed Site. The Executive Secretary-Treasurer shall cause to be kept and be Responsible to Provide detailed records of all 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 Procedures, and fines, take charge of the seal of the Council and affix same to all official documents, sign all 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 $500.00 for contingent expenses. He or she shall issue quarterly work cards to the affiliated Local Unions."


Your Comments and Opinions?

Joseph
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Re: Lets Get to Work: NYCDC Draft BYLAWS

tester
"The Ten Commandments Of The Native American Indian"

http://www.youtube.com/watch?v=MQxj4Fo3pNc
Ted
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Re: Lets Get to Work: NYCDC Draft BYLAWS

Ted
In reply to this post by John Musumeci
re: Bilello Motion dated 1-25-11. UBC & BILELLO calling for "democratic engagement" in lieu of Direct Elections via Secret Ballot by rank & file members.........

BILELLO'S MOTION also stated that the bylaws were submitted to the Court as "exhibit B" on 1-25-11, yet same was not published from some 88-Days & members have a 30-day window to get up to speed - sweet.

BILELLO'S Motion quoted a portion of the RO's First Interim Report dated 12-3-10, as follows:

"The UBC's suervision provides an opportunity to transform the infastructure and operations of the District Council. The success of that undertaking is an absolute imperative before the resumption of Democratic Governance".

This is ass backwards - rather, the Resumption of Democratic Governance, Restoration of the full Right to Vote must come first, and Elections must then be held - prior to the Implementation of new District Council Bylaws.

This is a classic UBC International legal manuever, used in Local 267 Dresden 4-27-93 wherein the Bylaw Change precipitated the loss of the Right to Elect Business Agents, and this is contrary to known caselaw on the matter....subjects which the RO & US Attorney should be aware of.

It is quite obviuos that Bilello is in bed with the UBC, in this for himself & no other; and that he does not have the interest of the rank & file as his prime concern. In short, he is another sellout & would thus make a very poor EST. He simply does not qualify in any way, shape or form to run and Oranization which deals in Billions of dollars on an Annual basis. He does not posess the slightest business pedigree necessary to carry out the duties of an EST.

Fact - He can't even run a simple Union Meeting let alone a Multi-Billion dollar Organization! This fact alone disqualifies him. The fact that he has sold out to the UBC International and will become nothing more than a shell, a lackey or puppet should be obvious to all by now. The Section 4 Bylaw changes proposed Draft Language says it all:
__________________________________________________________________________

DISTRICT COUNCIL POWERS GENERALLY

Section 4.
(A) This Council shall be the central governing body over and shall have legislative and 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, as determined by an assessment of the prior year’s operating expenses and the projected budget for the period under consideration) payable 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 be 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. Furthermore, the Council shall have all other powers provided for in the Bylaws.
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Under this scenario & the "central governing body" language, members give up all "executive & legislative" functions which are synonomous with "Local Autonomy" and thus - as exhibited here, Pat Nees prophetic words come true....the COUNCIL IS THE LOCAL.

Under this proposal, all Council Officer positions are subject to Direct Election by rank & file members in good standing.

The District Council Personnel Policy & the at will employment contracts & wage rates need to be posted with/into the Bylaws as an attachment.

Sentence 1 & 2 in Section 4 negate all rights for Local Autonomy & ensure that Doug McCarron shall be allowed to run an unfettered Dictatorial Regime, ruled by autocratic fiat via the Apoointment of sock puppets like Bilello - thus, the fraud, the embezzlement, the illegal dissolutions & seizure of physical properties & assets of the the Trust Funds (the real game here for the new Legit Mob) will go unabated, unchecked.

re: Godfather II - It's about the Mob going Legit, washing their monies via & through legal business's (First Trade Holding Corp.), exaction of Illegal Fines & Assessments of members, extortion of mens wages through the CBA'S to cover "Fund Losses" {THEFT}
I.E. - Wake up Torrance....we get a raise increase & they extort all of it to cover for the Fraud. The Trust Fund Agreements do not supersede the CBA'S, yet the IRO prior to Walsh allows the UBC & the DC to get away with it.

That they are not beating people up on a regular basis or murdering people anymore only adds to the fact that they have moved on to where the game is played - with the Trust Fund Monies. Doug is just a mobster in a finely tailored suit.

So where is the provision in the new bylaws for forensic accounting & the tightening of rules relative to the Fiduciairies not being allowed to exact the Men's Wage increase's to cover for their fraudulent investment schemes gone awry?

Where is the direct tie to known NLRB Board precedent which does not allow "assesments" as a condition precedent to maintaining your employment.

Where is the rule prohibiting this exaction-extortion of wages from the rank & file paycheck? Where is the rule prohibiting the UBC or the Council from requiring mandatory picket duty, leafletting, bannering etc to maintain their job? Why haven't the US Attorney & your Office found & cited the known caselaw on this subject prohibiting the incorporation of such language into the CBA's or the DC Bylaws? This is lawyering 101 & Torrance is not even remotely aware of the baiscis of Labor Law, so through ignorance or laziness he is allowing the UBC International & the District Council to get away with the continued fraud - which everyone allegedly wants to end.

At the current rate - the Consent Decree could easily go on for 20 more years without any significant improvement, because the people entrusted to enforce it will not do their jobs. The caselaw is out there, all Torrance has to do is look it up, cite it and enforce it.

That he won't do the basics is a sure sign he needs to be removed! It is grossly negligent on his part as the US Attorney to not be up on these basic subjects of Labor Law and to fail to enforce them. It appears he is inept & not up to the task. Walmart always needs greeters at the front door - he should apply there, for a job which no thinking is required.

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Re: Lets Get to Work: NYCDC Draft BYLAWS

listman
this is ass backwards - rather, the Resumption of Democratic Governance, Restoration of the full Right to Vote must come first, and Elections must then be held - prior to the Implementation of new District Council Bylaws.

This is a classic UBC International legal manuever, used in Local 267 Dresden 4-27-93 wherein the Bylaw Change precipitated the loss of the Right to Elect Business Agents, and this is contrary to known caselaw on the matter....subjects which the RO & US Attorney should be aware of.
__________________

AND THE NYCDCC HAS A CONSENT DECREE IN PLACE TO SUPPORT THIS CLAIM.

HOW DO YOU APPROVE OF BYLAWS WITHOUT THE MEMBERSHIPS RIGHT TO "COLLECTIVELY"  ADDRESS THEM IN THEIR LOCAL, AS A FUNCTION OF THAT LOCAL,- LRMDA BILL O RIGHTS.

SEE NEE, AS THINGS STAND THIS VERY MOMENT WE  ARE A LOCAL AND WE DO HAVE POWER. WHETHER OR NOT THEY ARE ABSOLVED BY THE COUNCIL AFTER THE FACT DOESN'T MEAN YOU CAN'T DEMAND IN THE MOST SIMPLISTIC OF TERMS JUST AS JOHN SAID, -"THIS IS ASS BACKWARD"

TILL OTHERWISE IMPLEMENTED, 157 HAS NOT BEEN PLACED UNDER TRUSTEESHIP, WE HAVEN'T BEEN DISOLVED. SO TECHNICALLY WE HAVE NOT LOST ANY OF THE POWER WE STILL DO HAVE.

HELL, - HAVE WE EVEN BEEN NOTIFIED THAT PRES. DERRICO WAS OFFICIALLY IN NON COMPLIANCE OF THE RO'S CORRUPTION MANDATES. SO AS FAR AS WE KNOW HE'S STILL PRES. OF 157 DESPITE THE CIRCUS WE ENJOYED WATCHING THROUGH THE SPRING. THOSE UBC CLOWNS CAN SCARE THE MORE NAIEVE OF CHILDREN. AND YES THIS INCLUDES THE BILLELO MOTION.

THOUGH THE ENTIRE COUNTRY DID NOT HAVE A DECREE TO ARGUE THESE POINTS THEY SUBSEQUENTLY HAD NO SWORD TO FALL ON,  - WE DO. THIS IS WHY WE ARE THE LAST !

MAKE NO MISTAKE WHAT EVER HAS TAKEN PLACE STARTING WITH THE MISSING MEETING IN DECEMBER
 AND FOLLOWING THROUGH TILL APRIL HAS PLACED US IN THE ADVANTAGEOUS POSITION TO STAND AGAINST WHAT THE REMAINDER OF THIS UNION WAS UNABLE TO.

EVERY PAIR OF EYES BELONGING TO THOSE 1/2 MILLION MEMBERS ARE ON NYC.
PROBLEM IS NO-ONE BUT A FEW ARE READY AND WILLING TO SAY STOP THIS CRAP, IOTS BEING SNUCK IN A BACK DOOR JUST LIKE EVERYTHING ELSE THE UBC DOES. !

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Re: Lets Get to Work: NYCDC Draft BYLAWS

John Musumeci
Administrator
This post was updated on .
In reply to this post by John Musumeci
The current Draft Bylaws that were recently submitted by the UBC for review should be rejected since they among other things:

*Violate The UBC Constitution
*Violate The Consent Decree
*Violate Federal Laws
*Exclude Rank and File Participation
*Exclude Reports from the Benefit Funds
*Lack Transparency
*Do nothing to promote union democracy and protect the Democratic Rights of the membership

With the exception of the new functions that the RO recommended, the Draft bylaws submitted are essentially the same failed restructuring plan imposed on the Council by the UBC in 1999 which transferred ALL authority from the Local Unions to the Council, thereby reducing the Local Unions to mere administrative shells left with no real functions or purposes.

Section 4 (A) of the "Draft" among other things state:

"This Council shall be the central governing body over and shall have legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members." "Upon approval of these Bylaws, all Local Union employment positions, except for clerical positions, shall cease to exist."

With these two sentences the Local Union gives up all rights to the Council ensuring that the Council shall be allowed to illegally run as a dictatorial regime with no membership participation.

The Consent Decree has at its core two primary considerations – the restoration of Democratic Rights and the Elimination of Fraud and Corruption.

The UBC International and the NYCDCC both, together and separately have violated the express requirements of the Consent Decree and longstanding Federal law(s) which together, they willfully and wantonly ignore to the peril of the Rank & File UBC members Federal Rights guaranteed as a matter of law.

The Draft Bylaws, put forth by the UBC International and the NYCDCC under the auspice of a simple bylaw rule change effectuates an entirely new animal, THAT OF, the COUNCIL acting and as a LOCAL.

The UBC put Harrington v. Chao, 372 F. 3d. 52 square on the table here, in the instant area of Restructuring the NYCDCC Council Bylaws so dramatically as to make the Council the Local (contrary to the position they sought & pushed for in Chao, which was, is & remains the elimination of rank & file members right to vote in direct elections by secret ballot); the UBC now seeks to make the Council the Local – hence the issue is ripe for review by the RO, the Government and the Court.

Currently, there are insufficient safeguards set forth in the Draft Bylaws to ensure transparency, accountability or Democratic Governance by its members in accordance with known rights and labor laws, the NLRA and longstanding precedents in varying Courts, through to the U.S. Supreme Court.

Under the Draft Bylaws the Council will clearly be acting as the NEW Local and therefore must comply with and be held accountable under the same laws of a Local Union, which are among other things:

1. ALL Council Officer positions outlined in Section 6 of the bylaws must be by a direct rank and file secret ballot election by members in good standing every three years. (29 U.S.C. 481 § 401(b)).

2. ALL Working Dues Assessments and Per Capita Tax outlined in Section 14 must be decided by a rank and file vote of the membership in accordance with 29U.S.C.411 §§101 (3) (A) (i) (ii).

3. ALL Council meetings outlined in Section 22, must be open to the membership in accordance with the UBC Constitution.

4. ALL members shall have the "Powers and Duties of the Council Delegate Body" as outlined in Section 5, thereby eliminating the need for the Elected Delegate Body (UBC's Representative democracy).

By the Council taking on the functions and purposes of a Local Union, without having to be held accountable under the same laws of a Local Union, then the intent of the Consent Decree, LMRDA and NLRA in this regard would be to effectively disenfranchise the membership.
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Bylaws

Levi
In reply to this post by John Musumeci
      Since the UBC favors a lopsided agreement with us here's an amendment to the bylaws I thought might level the playing field. Anybody who agrees please send it or something like it to Walsh.

    Section 38. (This section is missing something I think would shore up the man hours in a substantial way-so here goes)
              (B) The NYCDCC OWL shall be separated into two categories;
                      #1-  Shall be made up of NYCDCC members
                      #2-  Shall be made up of all other UBC members
              (C) No member from list #2 shall be referred to a job unless the list #1 is at or below 2000
                    members.
                                             
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Bylaw draft comments

Bill Lebo
In reply to this post by John Musumeci
At yesterdays status conference with Judge Berman, Dennis Walsh once again stated that it is imperitive that the members of our union to read the draft of the bylaws that he has posted on the NYCDCC website, and send him their comments, preferably with the sections that are commented on. There is an awful lot of things wrong with this draft, and he needs your opinions so he can document them for the court. Brothers and sisters you have a chance here to make a difference.  and to have a voice in our unions future. Don't let anyone tell you your opinion doesn't matter, it does and you can change thing things for the better. Now is the time to step up and speak up. Please use this oportunity Dennis is giving us, I can't imagine why anyone wouldn't. The more of us who speak out against wrongs, the stronger we are. IN UNITY THERE IS STRENGTH!
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Re: Bylaw draft comments

tester
"In ecology, commensalism is a class of relationship between two organisms where one organism benefits but the other is neutral (there is no harm or benefit). There are three other types of association: mutualism (where both organisms benefit), competition (where both organisms are harmed) and parasitism (one organism benefits and the other one is harmed)."
http://en.wikipedia.org/wiki/Commensalism
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