John Musumeci

212 Carroll Street Brooklyn, New York 11231 Phone: 646-812-3527 E-Mail: jmusumeci157@gmail.com

Via Email Michael Bilello Executive Secretary-Treasurer New York City District Council Of Carpenters 395 Hudson Street New York, NY 10014 Re: Letter Requesting Apology for Malicious Statements Dear Mr. Bilello:

February 7, 2012

I write in response to malicious statements made and continue to be made against me by your assistant and request a written and public apology by President Lebo. I have been informed that Mr. Lebo in response to a question at a Local 45 union meeting on January 31, acknowledged responsibility for a procedural error on the motion to bar members from attending delegate body meetings and then suggested a rational to bar members. Citing Amalgamated and the contract negotiations, Lebo singled me out by name as a security risk, alleged I was responsible for the January 10, Crains article, In blow to contractors, gaffe stalls union vote, he implied I was responsible for the threats of legal action against the District Council by contractor associations and stated he had written up charges against me and threatened me in his office. He then said he didnt file the charges because of free speech issues but indicated he may file charges at a later date, saying, The charges are still in my desk. According to one Local 45 member present: "Lebo imputed Musumeci as being detrimental to the health of the union and members." What kind of game is this, do you intend to run your administration by taking credit when things go right, avoid responsibility, retaliate and find someone else to blame when things go wrong? Character assassination, threats, intimidation, secrecy, censorship and concealment, contempt for members free speech rights are repugnant in an open and democratic union and antithetical to your platform of members rights, transparency and democracy which you were elected on. In response to Lebos statements the following FACTS are presented to set the record straight:

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1. Using Amalgamated and contract negotiations, as pretext for no gallery was opportunism on the part of your administration and not a procedural error. You could have argued for a gallery, and suggested if secrecy is really necessary, a motion for executive session can be made within a meeting, requiring rank-and-file to leave the room. Instead on January 25, President Lebo brought to the floor a question of a members gallery, which immediately was seized upon by pro-censorship delegates (with your approval). Neither you nor Lebo, argued for or defended the right of rank-and-file to attend delegate meetings, nor did you act in any to defend members rights, transparency and democracy. 2. If youre looking to blame someone for the flak and threats of legal action from contractor associations demanding explanation why they were not informed and had to read about the tabling of contracts in Crain's, you need to only look in the mirror. The events of January 10th were completely under your control. Prior to the announcement to the delegate body, you and Lebo had a meeting with John Ballentyne, where he informed you about the missing page from the contracts and the intent to table the contract vote. It was negligence and incompetence on the part of your administration to not inform the contractors prior to or directly after Ballentyne announced the information to the delegates at 1:57 pm that caused the blowback, flak and embarrassment your administration experienced. Furthermore I immediately informed you and Lebo by email at 4:17 pm, giving you a heads up and a link to the Crains articled thus providing you another opportunity (which you neglected to take) to properly and officially inform the contractors on the status of the contracts before they hear about it (news travels fast) or read about it in Crains. 3. On January 9th, Crains published an article Carpenters sue to block contract vote. Crains has written twenty-two articles regarding collective bargaining agreements since June 2011. It should come as no surprise to anyone that Crains would write a follow-up article. The District Council was aware of the Crains January 9th article, the lawsuit filed by carpenters and the two days of rank and file rallies beginning Monday afternoon to voice displeasure with the effort to fast track a Tuesday ratification vote. Prudence would dictate your administration would anticipate the need for a statement ready to be posted on the Council's website after the vote informing the membership and the contractor associations of the outcome. 4. To date your administration has not officially informed the membership and has kept the membership in the dark about tabling the contracts and the status of the contracts. Your administration has used resources of the District Council to deflect from your negligence and made me a target for retaliation, to be made an example of. Lebo filed charges with the IG's office and then withdrew them because he was advised of the likelihood of a counter-suit, and loss in court based on free speech rights. 5. I have done absolutely noting that is detrimental to the health of the union and its members, on the contrary this membership is better informed on local157blogspot then on the District Councils website which continues to be silent under your administration.

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I would suggest and recommend you take immediate steps to mitigate the anti-democratic consequences of your administration, which is detrimental to the health of the union and its members, and focus on the more important issues and business of the Union and members. Sequel to the above, I am respectfully requesting you instruct President Bill Lebo, to write a letter of a clear and unqualified apology and retraction, to be posted on the District Councils website and further request that at the next scheduled meeting of Local 45, President Lebo publicly retract and apologize for the malicious statements he has made against me. TAKE NOTICE that in the event of failure/refusal to comply with the above-mentioned request, pursuant to Section 5 (F) of the District Council Bylaws, I will institute a complaint with the Chief Compliance Officer and Inspector General for investigation.

Sincerely,

John Musumeci Delegate to the District Council

BY EMAIL Cc: Review Office, Dennis Walsh President, Bill Lebo Vice President Mike Cavanaugh Chief Compliance Officer, Josh Leicht Inspector General, Scott Danielson Director of Operations, Matt Walker Local 157 President, Patrick Nee