Richard Dorrough

We the undersigned members of Carpenters Local 370 Albany NY ,Richard Dorrough, John Newell do hereby lodge an official protest to the recent June 9, 2008 elections held at Local 370 and request an investigation by your office and a new election held. We protest this election due to willful violations of the UBC Constitution and the LMRDA by the present administration and it’s President William Weir.

We protested the election before a lever was pulled in correspondence to District VP Frank Spencer dated June 6, 2008 due to violations and irregularities before the election. We also requested Mr. Spencer’s help before the election which he failed to provide. Again on June 14, 2008 with requested Mr. Spencer’s help and made him aware again of the protest. Again Mr. Spencer has refused to assist us.

(1). The two members of the Election Committee were Joe Ketzer and William Prusser. Both of these members are retirees. Section 31 D prohibits retirees from holding office or serving on Committees. These members are further barred because they are not working for a livelihood in the trade as outlined under Section 7.We requested that the members recuse themselves because they were in violation of the Constitution. They refused to do so. We request that these members be brought up on charges. During this challenge President Weir appeared and said our request was denied based on consultation with Empire Council President David Haines. Mr. Haines dictated that Section 31 D refers to a UBC “International” Pension. The section clearly refers to a UBC pension which is any pension collected by a UBC member through any Local, Council, Regional Council or International. The section is clearly meant to deny retirees the right to hold office or committee positions. We find fault with Mr. Weir consulting with David Haines or imposing the will of Mr. Haines on the election. Mr. Haines as Empire Council President has no business issuing rulings on a Locals election and further Mr. Weir had no business consulting a council employee with no jurisdiction in our election for a ruling. Mr. Weir has an obligation to be versed in the UBC Constitution or to be knowledgeable in the procedure to follow to obtain clarification on Constitutional issues. Mr. Weir had an obligation to contact the UBC International or the OLMS to satisfy this issue. Ignorance is no excuse for a Local President to willfully violate the Constitution. We ask at this time that Mr. Weir be brought up on charges under Section 51 (6) and (13) of the UBC Constitution. If it is the position of the International that Mr. Haines as President of the Empire Council had the right by office to interfere with our election than we ask that Mr. Haines be brought up on charges under Section 51(6). If Mr. Haines or Mr. Weir were not aware of the intent of the UBC Constitutions intent to limit retirees ability to hold office or committee positions that we request that they at the very least be removed from office for incompetence.

(2) On the morning of the Election candidates Lezette and Avalino had set up an informational tent within the required 100ft distance from a polling place. These candidates were forcibly removed from the spot by Joe Ketzer and William Prusser. They informed the members and candidates that they were in President Weirs spot and must move. They informed them that they were in violation of the 100 ft rule and forced to move. They did so. Ketzer and Prusser immediately set up a tent on the very spot to be used by President Weir and the incumbent slate as their beer tent in which they provided alcohol to members before and during the election. We ask that Ketzer and Prusser be brought up on charges under Section 51(5) for improperly harassing members of the UBC. We ask that if it is determined they were acting at the direction of Mr. Weir that he also be brought up on charges under 51(5)

(3) Many members were turned away and denied the right to vote. Section 31 G requires the UBC Processing System to be used to determine eligibility to vote. It also requires that the List is to be used “along with other relevant Information” The LMRDA also further elaborates on this requiring records be on site at the polling place to prove the members are ineligible to vote. It also requires all members denied be given the right to cast a challenge vote. The Election Committee was advised of this before the election and refused to provide the required back up records at the polling place. Joe Ketzer stated” I am not bringing the whole damn computer to the polling place. “When we insisted on the challenge ballots the committee provided paper ballots were provided that were NOT challenge ballots and their format were in violation of the LMRDA. We were assured that members denied the right to vote would be allowed to cast a challenge ballot as the law requires. They were not. The Section states that” The Financial Secretary shall be available with all necessary records to establish eligibility to vote”

(4)Section 31(H) A qualified Candidate shall be permitted to examine the membership list. The LMRDA details specific guidelines for this examination. We will detail the violation in the LMRDA challenge section of this letter. Candidate Newell was NOT allowed access to this list until June 4, 2008 which was 5 days before the election. This effectively denied Brother Newell the time frame to send out mailings to the membership.

(5)Section 31(J) All nomination, ballot and election material to include election machines if used must have posted on it the information that the candidate by his election to the office will be a delegate to the General Convention. This was ignored and violated as well.

(6) Section 31 G. When machines are used specific guidelines are provided in regards to tellers and their obligations. Upon investigation you will find that there were no tellers to examine the machines, review the results of the election or sign teller sheets. We ask you to produce the signed teller sheets. The only people provided by President Weir for all functions of this election were illegal retirees Joe Ketzer and William Prusser.

(7)31G Dictates that the Local elections be conducted by an Election Committee chosen by the Local President. It is the obligation of the President to appoint members knowledgeable and qualified to do the job. Not only where Ketzer and Prusser not eligible but they lacked the knowledge to conduct the election. The morning of the Election it was quite apparent that the Committee was not ready to conduct the election. As you are aware a Union Election is subjected to federal laws under the LMRDA. Election Committee members are REQUIRED to conduct themselves throughout the entire Election Process by these Federal Regulations. Neither Mr. Katzer nor Mr. Prusser even knew what the LMRDA was until Friday June 7, 2008. How could they comply with the requirements of the LMRDA if they did not know what it was.. Mr. Weir has a duty to appoint competent committee members. He purposely ignored this duty to appoint members that were favorable to his reelection. Mr. Katzer and Mr. Prusser actions during this campaign are proof of that intent.

(1) Consideration for Geographic Location and Shift Work. We had a total turn out of 250

members of the 1453 membership total to vote. Why. What factors prevented members form voting.

We have a large geographical area. The LMRDA requires that consideration be given to members work

and shift schedules and geographic location as well as distant job sites. The LMRDA dictates that action

such as multiple polling places and write in ballots be provided to give these members a chance to vote .

NO action was taken to satisfy this regulation. We have 40 Carpenters that are working 10 hour shifts ending

at 5pm over 50 miles away that cannot possibly vote by 6pm. The law REQUIRES that these members and

ALL members in like situations be accommodated. We have multiple job sites under these conditions. A fair

representation of the membership was not available to vote due to these lack of accommodations. You may

heck the previous election numbers of voters compared to our membership numbers to see that this is a

problem. Our Local covers a wide geographical area and we have members working and living great distances

from the polling place and times. This geographic area expanded in December 2003 when the members of

Local 229 which was seized and destroyed by your office in 2002 were incorporated in Local 370 .It is our

contention that Mr. Weir violated the LMRDA by refusing to accommodate all members by shift ,geographic

location and job distance. Mr. Weir chose the polling location because it was convenient to his supporters to

vote and would prevent members from coming in from the outlying areas to vote where he has no support. After the loss of their Local and the rape of their Health and Pension fund by the Empire Council you can be assured the ex 229 members have no love for Mr. Weir or his Council friends. This is clear cause and motivation for Mr. Weir to limit their access to the voting booth. Mr. Weirs elected office was decided by 162 votes out of 1453. Mr. Weir refused to provide additional polling places or to provide a location that was central to all members of the local. The issue of member voting and their lack of ability to get to the polling place has been discussed many times with the Present Local 370 Officers since the last election 3 years ago. Mr. Weir was and is aware of the problem.

(A) “you must select a polling location(s) and set the hours of voting to provide a reasonable opportunity for all members to cast ballots. Remember to select a polling location based on suitability, not just because a site was used in prior elections.

(B)If nominations are conducted at a meeting, the meeting must be held at a date, time, and place which allow members a reasonable opportunity to attend. Arrangements must be made for members working on different shifts or at distant work sites such as holding more than one nomination meeting or allowing nominations by mail.

(C) If the election will be at a polling place, you must select a polling location(s) and set the hours of voting to provide a reasonable opportunity for all members to cast ballots. Remember to select a polling location based on suitability, not just because a site was used in prior elections.

(D) Since voter eligibility is one of the most common reasons that elections are challenged, preparing an accurate voter eligibility list is critical. The right to vote also implies a reasonable opportunity to vote; therefore, election officials must take into account factors such as distance to the polling site and hours of work when scheduling polling hours and locations. If members are dispersed over a wide geographic area, it may be necessary to establish multiple polling sites, conduct the election by mail, or make absentee ballots available in order to provide all members a reasonable opportunity to vote.

(2) Campaigning with Union Funds It is illegal under the LMRDA for a candidate to campaign while being paid by the Union. They cannot use any building, phone, vehicle or any item funded by the Union for campaign purposes. Both Mr. Weir and Mr. Blaclock were soliciting votes on job sites while being paid by the Union. During visits to job sites as part of their regular duties both were campaigning and soliciting votes. We would also request that an investigation be held into the use of Union Employees and facilities, phones, computers and labor for literature creation and campaigning by Mr. Weir and the incumbent slate.

(A) Federal law strictly prohibits the use of union and employer funds to promote the candidacy of any person in a union officer election. This prohibition was adopted to prevent a current officer from being able to use the union treasury to help finance an election campaign.

(B) The prohibition against the use of union and employer funds applies to direct expenditures from the union or employer as well as indirect expenditures including:

(3) Voter Candidate Strips and Machines The individual providing the ballot machines was contracted to provide the machines and conduct the election 6days before the election. As of 9:30 June 7, 2008 he had not even been provided the candidate strips for the ballot machines. Examination and challenge of candidate position and listing of required delegate information could not be conducted with only 3 days until the election. Information on this company or individual providing machines and conducting the election was withheld until 9:30 am on the morning June 6, 2008. No access was given to the candidate strips was allowed before the election. As anticipated the Candidate strips were not random and the slate of William Weir placed themselves at the top on the voting machines with all their candidates following if order according to their slate. Other candidates were dispersed in inconspicuous location and candidate’s names were misspelled. Required information in regards to the candidate by election to office becoming a delegate to the International was absent as required by law.

(4) Election Committee Obligations. Although requested by Candidate Newell no contact took place between the Election Committee and the candidates until June 5, 2008 which was 4 days before the scheduled election. No election rules sent. No election committee decisions provided to candidates. Nothing. The identity of the committee members although requested was delayed and on May 27, 2008 President Weir promised committee correspondence and guidelines which were never mailed until June 5, 2008. We feel that the Committee has failed in its duties and failed to act according to federal regulations in a timely manner.

(5) Election Committee Members. Election Committee members are governed by the LMRDA as stated” As an election official, you will be responsible for conducting your union’s election of officers in accordance with federal law and your union’s constitution and bylaws” On Friday June 6,2008 Mr. Ketzer stated for the record "that he did not even know what the LMRDA was" let alone be aware of its guidelines and regulations he was obligated to follow. Neither Mr. Ketzer nor Mr. Prusser was qualified to conduct a Union Election. This lack of knowledge of the LMRDA has resulted in the protest and challenge of this election. Both members were ineligible according to the UBC Constitution bylaws and did not possess the expertise to run a Union Election. During the election both Candidate Avelino and Lezette requested to act as their own observers. Election Chairman Joe Ketzer refused the request. The LMRDA clearly states "Likewise, a candidate may serve as his or her own observer unless prohibited by the union’s constitution" The UBC Constitution does restrict a candidates right to act as their own observer. Again Mr. Ketzer and Mr. Prusser displayed a lack of the required expertise in the LMRDA guidelines which resulted in another LMRDA violation.

(6) Voter Eligibility As June 6, 2008 there is no intent by the election committee Chairman to provide Challenge Ballots for members whose eligibility to vote is

Challenged or was there intent to provide papers ballots in the event the voting machines fail. These items are required by federal law. After we insisted they provide challenge ballots all that was provided was a paper ballot and NOT a challenge ballot. Although is was guaranteed members denied the right to vote would be advised of their right to cast a challenge ballot this was not done and correct challenge ballots were not provided. We ask the International to obtain a copy of the members that voted and the members that were denied to determine eligibility of all parties The LMRDA also requires back up documentation at the polling site to determine if a member denied the right to vote by the UBC Ultra list, as it was called, is indeed ineligible and not a victim of clerical or computer error or deceit. The election committee failed and refused to provide the required documentation at the polling place. The LMRDA also requires that it is the duty of the election committee to check a member’s criminal background in determination of eligibility to hold office and be on the ballot. This according to Joe Ketzer was not done. We ask for a criminal background check be conducted on the newly elected officers as we believe some have Felony convictions that would prevent them from holding office

(A) If a member's name is not on your union's voter eligibility list or a question arises about a person's eligibility on Election Day, he or she should be instructed to vote a challenged ballot.

(B) Sec. 504. (a) No person who is or has been a member of the Communist Party or who has been convicted of, or served any part of a prison term resulting from his conviction of, robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or a violation of title II or III of this Act, any felony involving abuse or misuse of such person’s position or employment in a labor organization or employee benefit plan to seek or obtain an illegal gain at the expense of the members of the labor organization or the beneficiaries of the employee benefit plan, or conspiracy to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve—

(6)Access to Membership lists. Although repeated requests were made to William Weir for access to the membership list was not offered to candidate Newell until June 4, 2008 which was five days before the election. This denied Brother Newell the reasonable amount of time to pursue mailings to the Locals membership. The LMRDA requires that “In addition to permitting inspection, the union may not discriminate in favor of, or against, any candidate with respect to the use of lists of members.” And further” A union must allow a bona fide candidate who is seeking to be nominated to run for office the opportunity to inspect the membership list once within 30 days before the election.”

Mr. Weir blatantly conspired to restrict Brother Newells ability to campaign by restricting Brother Newells right to inspect the list. Despite repeated requests for Election Committee contact and access to the membership list Brother Newell was denied by President Weir. While we understand Mr. Weir’s desperation during this election, as is evident by his receiving 162 votes, we must protest his blatant violation of the UBC Constitution and the LMRDA.

President McCarron we could continue with more violation information involving election notifications and other areas but we feel we have provided you with more than enough to successfully protest this election .We will provide more details should the matter end up before the DOL and a Federal judge, We ask that this election be overturned and a new election be held as soon as possible. We also ask that if the evidence supports our claims that you take further action against the parties involved for UBC Constitution Violations as the UBC Constitution allows for. The actions taken by President Weir were blatant attempts to deny the members of Local 370 a fair and unbiased election. We would also ask you to investigate why District VP Frank Spencer refused to serve the membership before the election as he was requested to do. If you have a look at Mr. Spencer’s actions during the NYC Local 157 Trusteeship you will see this is not the first time Mr. Spencer has refused to respond to the pleas and request of the membership We look forward to your response,