1-30-13 Saul Letter to RMB & Responses (Documents 1218-20)

7/28/2019 1-30-13 Saul Letter to RMB & Responses (Documents 1218-20)

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Now that th e most grievous perpetrators have been purged., isnsustainable internal human resource base from within the unionindividuals can replace th e parochial and dictatorial remnants?

RICHARD M. BERMAN' -_ _ _ _ U : : : . : . : = . : S . ~ D.J------_..

time to begin th e development of athat motivated an d well-trained, e you and your administrators are still

USDC SDNY Ou( ,L.i \1:ENT .HrIH!Re=J'w;'ftij-!:!e-) ~ ~ M K e t : J , . ~ : 0

for the Southern District 0 ojnihmrBnited-States'Co DME FILED; I / ~ O l t 3New o r , k ! ; i ~ ; e ; o o ~ t i ~ ; : = = = ~ ~ = = : : : ; : : ! Jcrt) - {.,V - b 77- -z,

used as a resource for our training programs. Developing new, or utilizin xisting educational an dinstitutional opportunities, should no t be much of a reach for competent a uncorrupt individuals.The costs of academic programs could easily be equitably divided between prospective future leaders an dthe existing union training fund sources. The possibility of getting an accre d degree and the futureprofessional growth potential should be both incentive enough an d a valid 8into two growth tracks need not be exclusive; there is no reason one can't be a trained union leader an da skilled artist/craftsman.

actively involved, would it be a major deviation from th e mandate change from a strictly inquisitorial to amore counseling, educational an d developmental focus? As things now evolving, when you depart, th edistrict council will be left in the hands of a body of individuals who ay have once been competentcarpenters but are fa r from prime leaders, administrators or educator .

There is a body of existing examples to establish, non-craft related, job scriptions an d evaluation metrics.There are also wi lling schools an d universities, with extensive extension d degree programs that can be

Withholding of key information by th e review officers' staff may be because ofinv tigative necessity or anattempt at inspiring serendipitous learning. However the Socratic methods that w k in law school aremostly lost on construction workers who are no t predisposed to that type of learnin The labeling of everymote of information as top secret by th e district council is reminiscent of th e Stalinis and McCarthy eras.The very fact that discussion by th e rank and file is being repressed, by the districtforbidden under the union constitution and bylaws should be anathema to you an d yo

To some of us the existing national and local behavior of our local and national union Ie er s goes beyondlabor and criminal law and into th e realm of civil rights. It ha s been often suggested that he only recourseoutside of th e consent decree an d stipulation is to hire an attorney an d sue. The union is 0 rrun withpractitioners of labor and criminal law. Can't there be an equitable path that won't require at th e unionnow hire as many civil rights lawyers to defend th e status q o?Norman Saul, carpenter, retired# 2609-5401 U. B. C. andJ . ofA. Local Union 9261637 Saint Peters AvenueBronx, NY 10461-3008

Case 1:90-cv-05722-RMB-THK Document 1218 Filed 01/30/13 Page 1 of 1


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Chrysler Center666 Third A venueMINTZ LEVIN New York, NY 10017

212-935-3000Bridget M. Rohde I 212692 6883 I [email protected] 212-983-3115 fax

t t " ~ " ' r " " ' ' ' ~ p ~ ~ " J 1t S O O R ~ ~- - - - - - - _ ...... _ - - - - RICHARD M. B E ~ A l U.S.D.J.,&/S I !

The Honorable Richard M. BermanUnited States District JudgeSouthern District of New YorkDaniel Patrick Moynihan Courthouse500 Pearl StreetNew York, New York 10007

a : l ~ w w . m i n t z . c o ml iUi'l'-"'"

February 1,2013

r o J ~ ~ D \ Y l ~ rrJIIN[ F t ~ 05 2013 ] UUCHAMBERS OF RICHARD M. BERMAN U.S.D.J.

Re: United States v. District Council, et al., 90 Civ. 5722 (RMB)Dear Judge Berman:

We write to comment upon the letter submitted by retired carpenter Norman Saul,which was filed on January 30, 2013 with the Court's endorsement.We agree that a focus by the Review Officer on organizational reform rather thana "strictly inquisitorial" focus is important for the development and sustainability of DistrictCouncil governance. The Review Officer is employing just such an approach. We specifically

note that there is a Human Resources function at the District CounciL A Human ResourcesDirector was hired some time ago and a personnel policy is in place, see Exhibit 13 to The ThirdInterim Report of the Review Officer dated December 3, 2011.We also agree that education and training are essential to an informedmembership and leadership. The Review Officer's concerns with training have been highlighted,

see The Fifth Interim Report of the Review Officer dated December 3, 2012 at 16-19, andprogress is being monitored, and some training has been provided by the Review Officer and hisstaff, see id. at 19-20. Additionally, we are beginning an employee interview project that isdesigned to be constructive and interactive. We expect that the program will help the DistrictCouncil continue to make meaningful change.We are sympathetic to Mr. Saul's concern regarding a free flow of informationfrom District Council leadership to the membership and retirees. We have addressed this matter,most recently in The Fifth Interim Report of the Review Officer at 20-22. We direct Mr. Saul to

!\USDCSDNY'DOCUMENTELECTRONICALLY FILEDii, OOC#:___ ~ - - -\\ DATE l'TIP": - I ~ " ~ M i n . " , ~ n , Cohn, Ferris, Glovsky and Popeo, P.C.

._ " - BOSTON I WASHINGTON p ; J l i ~ V O R K I STAMFORD I Los ANGELES I PALO ALTO I SAN DIEGO I LONDON \ ISRAEL

mailto:[email protected]:///reader/full/a%E7%BA%AC~ww.mintz.commailto:[email protected]:///reader/full/a%E7%BA%AC~ww.mintz.com


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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.February 1,2013Page 2

all five of the interim reports of the Review Officer, which cover matters of concern to him. Wealso encourage Mr. Saul to attend the next Court conference in this case, set for February 27,2013 at 9:15 a.m., as matters of interest to h im may be addressed.

Respectfully submitted,~ ? ~ f 'Bridget M. Rohdecc: Norman Saul (by U.S. mail)

AUSA Benjamin Torrance (by email)James Murphy, Esq. (by email)Raymond McGuire, Esq. (by email)

5680766v.l



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JOSEPH S. KAMING I L. 156 East 65 th Street SO ORDERED: . ... New York, NY 10065 M: ~ O ENDORSED~ ~ ~ _i! ~ ~ _ ~ t ~ ! : ~ ~ t l J .RICHARD M. BERMAN U.S.D.J. Tel. (212) 535-0245

Fax (212) 988-5479 ?./f/rsFebruary 6, 20 3 i - = ~ ~ ~ ~ ~ __ ~ ~ = - " ' "

New York, NY 10007-1312 IRe: Submission of Norman Saul filed January 2013, 90-CV-5722

Dear Judge Berman: II write in response to the submission of Norman Saul in a c c o r ~ a n ~ e with the So OrderedEndorsed Memo of the Court filed January 30, 2013. I am a new Management Trustee of theCarpenter Funds of one year standing, arriving at the same time as the newly elected UnionOfficers. I speak in particular regard to the Funds of which I have knowledge. I believe the newofficers are showing the character of "prime leaders, administrators and educators."Probably the Review Officer has the resources of more legal might than the District

Attorneys of both Franklin and Clinton Counties combined. A progratn is in place for internalproblems. Externally, Union carpenters face certain non-union competition that engages inunlawful business practices. As Mr. Saul's submission wished to seek, I believe the ReviewOfficer is, in fact, assisting to advance the "developmental focus" ofthe new officers.Hopefully, Consent Decrees could provide their cure in shorter than twenty years. The ReviewOfficer, to his great credit, is working with the Union officers and Funds towards a positivesolution.Unfortunately, some outsiders believe the light at the end ofthe tunnel is a mirror whichwould position them comfortably back where they started. With the Review Officer's termextended, this will not happen. The Court could assist in generally asserting its Decreejurisdiction in certain disruptive litigations, the Enright and Mamifac ' WoodworkersAssociation matters, which, in my opinion, are basically meritless, bu critically divert resourcesand frustrate the mission ofthe Union, the Funds and the Decree. Th. se; and other matterswhere the Court has acted, seriously affect the Decree and would bestlbelihandled in its context.1

,The issue of information availability is well a n t i c i p a t e d l W ~ ~ ~ ~ ~ ~ w t m ~ ~ = = l lboth ERISA and federal labor law. Given the complications, tReview Officer has been fair in any such matter. Five Reportsall of which are open to comment.

VIA FEDERAL EXPRESSThe Honorable Richard M. BermanUnited States District JudgeSouthern District of New YorkDaniel Patrick Moynihan Courthouse500 Pearl Street

D b ~ [ g O \ Y J ~ rm~ ~ r O/' 2013 lJd)

CHAMBERS OFRICHARD M. BERMANI U.S,O.J.



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The Honorable Richard M. BermanFebruary 6, 2013Page 2

jMr. Saul's submission wrongly characterizes the Union leadersltip!,last sentence firstparagraph. I The Union leadership is smart, has proven integrity and eme c ~ i v e l y represents theinterest of the membership. Being a carpenter invokes the unity of heaP., ~ e a r t and hand, asymbiosis which produces understanding and common sense. That c a n n o ~ be sold short. As toacademia, craftsmanship holds its OwrI. So correctly goes the preaching qf the recognizedscholar Richard Sennett in The Craftsman (2008). Associated with the Funds' apprenticeshipprogram is the Labor Technical College, a part ofEmpire State C o l 1 e g ~ of the State Universitysystem. This respected program provides a pathway to Bachelor and h l i g ~ e r degrees.I do not know how often you hear from Fund management r u s t e e ~ , but Mr. Saul' sunfounded submission offered the opportunity to communicate with you In the discharge of your

obligations.Respectfully,~ 6 : - 1 : + ~ ;JOSEPH S. KAMING

JSK:jm

I "As things are now evolving, when you [Court] depart, the district c p u ~ c i l will be left in thehands of a body of individuals who may have once been competent c$rpenters but are far fromprime leaders, administrators or educators." .


1-30-13 Saul Letter to RMB & Responses (Documents 1218-20)

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Transcript of 1-30-13 Saul Letter to RMB & Responses (Documents 1218-20)