Demian D.

Schroeder 14 Meadow Street Brooklyn, NY 11206 March 5, 2013 BY EMAIL Michael Bilello Executive Secretary-Treasurer NYC District Council 395 Hudson Street New York, NY 10014 To the Executive Committee: This memorandum is intended to cover three points: (1) that the Executive Committee has violated its authority and responsibility by not providing required information on the District Council website; (2) that the rule violated is Section 12.G of the Bylaws; and, (3) that the Executive Committee must immediately comply with the Bylaws, and post apology to the Membership. THE EXECUTIVE COMMITTEE HAS FAILED TO PROVIDE NECESSARY INFORMATION TO THE MEMBERSHIP As of April 4, 2013 the District Council website failed to provide: (a) the Notice of Possible Action By The Review Officer sent to Michael Bilello, Executive SecretaryTreasurer; and, (b) information fairly reflecting the range of positions and points of view relevant to the District Council and Members on legal matters regarding Wall-Ceiling Agreement and Compliance Measures. FAILURE OF THE EXECUTIVE COMMITTEE TO DISCLOSE RELEVANT INFORMATION ! March 21, 2013 Judge Richard M. Berman so Ordered: Mr. Walsh and Mr. Murphy are requested to supply authorities for the proposition that this Court can approve a collective bargaining agreement where only an MOU has been approved by a delegate body. ! March 26, 2013 RO Walsh addressed the Notice of Possible Action to Bilello, EST. ! March 29, 2013 Council Attorney James M. Murphy answered the Order by Judge Berman. ! April 3, 2013 the article District Council's Letter to Judge Berman in Support of Wall-Ceiling Agreement and Compliance Measures [...] Cited Legal Decisions Supporting the Council's Position comprised of Attorney Murphy's submission to the Court was posted on the website. ! April 4, 2012 the Notice of Possible Action had not been posted nor mentioned on the website, including the "Member Only News" section. ! April 4, 2013 over 30 individual NYC Carpenter Local Union Members (and one Member Organization) had written letters addressed to Judge Berman regarding the WC&C Agreement

and Compliance Measures, since the February 27, 2013 Review Officer Hearing held before Judge Berman and Court Order allowing for Member response. None of those letters have been posted on the District Council website. The range of positions and relevant points of views in those Member letters vary significantly from positions and points of views stated in Council Attorney Murphy's letter to Judge Berman. 2. OUR BYLAWS REQUIRE THE WEBSITE IS MAINTAINED FOR MEMBERSHIP NYCDCC BYLAWS; EXECUTIVE COMMITTEE Section 12.(G) states: 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 reflecting the range of positions and points of view on subjects relevant to the District Council and members. Section 12.(G) clearly emphasizes the Executive Committee shall be responsible for actively providing accurate information to the Membership; we may conclude that updating news in a timely manner is necessary for effective maintenance of the website, and compliance with the bylaws. THE EXECUTIVE COMMITTEE IS ADVISED CORRECT ITS OWN BYLAW VIOLATIONS WITHOUT DELAY The Executive Committee is obligated to ensure Membership is properly informed. Website traffic levels cited by Communications Director Kwame Patterson indicate Members require access to information that Council and/or elected representatives may not be able to provide (for instance, phone numbers and email addresses of Delegates are not readily available to Members.) The District Council has adequate resources and website of sufficient capability to accommodate posting all Member letters to Judge Berman in the Members Only News section. The Review Officer Notice of Possible Action sent to the EST was highly relevant, reliably sourced news of importance and grave interest to the Membership. The Executive Committee failed to effectively provide vital information, and facilitated hearsay and dissension in the Union. CONCLUSION EST Michael Bilello's Notice of Possible Action must be immediately posted on the website in the Member Only News section. All Member submissions to Judge Berman filed and docketed by the Court must be immediately posted to the website in the Member Only News Section. An apology by the Executive Committee must posted on the website clarifying why the body denied information and news required of the bylaws to the Membership. Respectfully submitted, Demian D. Schroeder Certified Steward Member Local Union 45

cc: BY EMAIL Director of Operations Matthew Walker District Council Attorney James Murphy Chief Compliance Officer Josh Leicht Inspector General Scott Danielson Director of Communications Kwame Patterson Review Officer Dennis Walsh