Reply – Re: Lets Get to Work: NYCDC Draft BYLAWS
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Re: Lets Get to Work: NYCDC Draft BYLAWS
— by John Musumeci John Musumeci
Richard / Ted: My thoughts exactly. I emailed the RO the following:

Dennis: Before we start to tear these bylaws apart can you answer one question posted by Richard Dorrough.

These bylaws violate the UBC Constitution, the LMRDA and the DOL rules. Since the UBC cannot approve any bylaw that conflicts with the UBC Constitution how can they even submit these for discussion?

As Richard wrote, "the UBC Constitution does not allow the Council to make bylaws to be imposed on the Locals and cannot produce a single section of the UBC Constitution that says it can despite being asked to do so. Further Section 25B says each local shall have the power to make and be governed by its own bylaws so this part is out unless somebody declares the NYC Council and Locals outside the powers and bylaws of the UBC Constitution. Further the Secretary of Labor in Harrington-v-Chao has declared for the record the Councils have no such power."

Reply from the RO:

Tue, May 10, 2011 at 6:13 AM  
To: John Musumeci  

John: this is what the 30-day comment period is for; every interested member needs to weigh in regarding any and every section. This process is now a formal review pursuant to Paragraph 5.b of the Stipulation and Order, so the members can participate in a very crucial way by helping develop the record upon which I will make my decisions pursuant to Paragraph 5.b.


Dennis M. Walsh
Review Officer