Now that the most grievous perpetrators have been purged.

, isn
sustainable internal human resource base from within the union
individuals can replace the parochial and dictatorial remnants?
RICHARD M. BERMAN
'
____ .J
------_..
time to begin the development of a
that motivated and well-trained
, e you and your administrators are still
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used as a resource for our training programs. Developing new, or utilizin
xisting educational and
institutional opportunities, should not be much of a reach for competent a
uncorrupt individuals.
The costs of academic programs could easily be equitably divided between
prospective future leaders and
the existing union training fund sources. The possibility of getting an accre d degree and the future
professional growth potential should be both incentive enough and a valid 8
into two growth tracks need not be exclusive; there is no reason one can't be a trained union leader and
a skilled artist/craftsman.
actively involved, would it be a major deviation from the mandate change from a strictly inquisitorial to a
more counseling, educational and developmental focus? As things now evolving, when you depart, the
district council will be left in the hands of a body of individuals who ay have once been competent
carpenters but are far from prime leaders, administrators or educator .
There is a body of existing examples to establish, non-craft related, job scriptions and evaluation metrics.
There are also willing schools and universities, with extensive extension d degree programs that can be
Withholding of key information by the review officers' staff may be because ofinv tigative necessity or an
attempt at inspiring serendipitous learning. However the Socratic methods that w k in law school are
mostly lost on construction workers who are not predisposed to that type of learnin The labeling of every
mote of information as top secret by the district council is reminiscent of the Stalinis and McCarthy eras.
The very fact that discussion by the rank and file is being repressed, by the district
forbidden under the union constitution and bylaws should be anathema to you and yo
To some of us the existing national and local behavior of our local and national union Ie ers goes beyond
labor and criminal law and into the realm of civil rights. It has been often suggested that he only recourse
outside of the consent decree and stipulation is to hire an attorney and sue. The union is 0 rrun with
practitioners of labor and criminal law. Can't there be an equitable path that won't require at the union
now hire as many civil rights lawyers to defend the status q o?
Norman Saul, carpenter, retired
# 2609-5401 U. B. C. andJ. ofA. Local Union 926
1637 Saint Peters Avenue
Bronx, NY 10461-3008
Case 1:90-cv-05722-RMB-THK Document 1218 Filed 01/30/13 Page 1 of 1
Chrysler Center
666 Third A venue
MINTZ LEVIN
New York, NY 10017
212-935-3000
Bridget M. Rohde I 212692 6883 I bmrohde@mintz.com
212-983-3115 fax
J .1t

-------_...... _----
RICHARD M. U.S.D.J.
,&/S I!
The Honorable Richard M. Berman
United States District Judge
Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street
New York, New York 10007
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February 1,2013
rrJI
IN[ 05 2013 ] UU
CHAMBERS 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 than
a "strictly inquisitorial" focus is important for the development and sustainability of District
Council 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 Resources
Director was hired some time ago and a personnel policy is in place, see Exhibit 13 to The Third
Interim Report ofthe Review Officer dated December 3, 2011.
We also agree that education and training are essential to an informed
membership 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, and
progress is being monitored, and some training has been provided by the Review Officer and his
staff, see id. at 19-20. Additionally, we are beginning an employee interview project that is
designed to be constructive and interactive. We expect that the program will help the District
Council continue to make meaningful change.
We are sympathetic to Mr. Saul's concern regarding a free flow of information
from 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
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\\ DATE l'TI P": Cohn, Ferris, Glovsky and Popeo, P.C.
._"- BOSTON I WASHINGTON I STAMFORD I Los ANGELES I PALO ALTO I SAN DIEGO I LONDON \ ISRAEL
Case 1:90-cv-05722-RMB-THK Document 1219 Filed 02/05/13 Page 1 of 2
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
February 1,2013
Page 2
all five of the interim reports of the Review Officer, which cover matters of concern to him. We
also 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 him may be addressed.
Respectfully submitted,
~ ? ~ f '
Bridget M. Rohde
cc: Norman Saul (by U.S. mail)
AUSA Benjamin Torrance (by email)
James Murphy, Esq. (by email)
Raymond McGuire, Esq. (by email)
5680766v.l
Case 1:90-cv-05722-RMB-THK Document 1219 Filed 02/05/13 Page 2 of 2
JOSEPH S. KAMING
I L
. 156 East 65
th
Street
SO ORDERED: . ... New York, NY 10065
M: ENDORSED
_i!
RICHARD M. BERMAN U.S.D.J. Tel. (212) 535-0245
Fax (212) 988-5479
?./f/rs
February 6, 20 __
New York, NY 10007-1312 I
Re: Submission of Norman Saul filed January 2013, 90-CV-5722
Dear Judge Berman: I
I write in response to the submission of Norman Saul in with the So Ordered
Endorsed Memo of the Court filed January 30, 2013. I am a new Management Trustee of the
Carpenter Funds of one year standing, arriving at the same time as the newly elected Union
Officers. I speak in particular regard to the Funds of which I have knowledge. I believe the new
officers 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 internal
problems. Externally, Union carpenters face certain non-union competition that engages in
unlawful business practices. As Mr. Saul's submission wished to seek, I believe the Review
Officer 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 Review
Officer, to his great credit, is working with the Union officers and Funds towards a positive
solution.
Unfortunately, some outsiders believe the light at the end ofthe tunnel is a mirror which
would position them comfortably back where they started. With the Review Officer's term
extended, this will not happen. The Court could assist in generally asserting its Decree
jurisdiction in certain disruptive litigations, the Enright and Mam
if
ac ' Woodworkers
Association matters, which, in my opinion, are basically meritless, bu critically divert resources
and frustrate the mission ofthe Union, the Funds and the Decree. Th. se; and other matters
where the Court has acted, seriously affect the Decree and would bestlbelihandled in its context.
1
,
The issue of information availability is well
both ERISA and federal labor law. Given the complications, t
Review Officer has been fair in any such matter. Five Reports
all of which are open to comment.
VIA FEDERAL EXPRESS
The Honorable Richard M. Berman
United States District Judge
Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street
rm
r O/' 2013 lJd)
CHAMBERS OF
RICHARD M. BERMAN
I U.S,O.J.
Case 1:90-cv-05722-RMB-THK Document 1220 Filed 02/08/13 Page 1 of 2
The Honorable Richard M. Berman
February 6, 2013
Page 2
j
Mr. Saul's submission wrongly characterizes the Union leadersltip!,last sentence first
paragraph. I The Union leadership is smart, has proven integrity and em .. represents the
interest of the membership. Being a carpenter invokes the unity of heaP., and hand, a
symbiosis which produces understanding and common sense. That be sold short. As to
academia, craftsmanship holds its OwrI. So correctly goes the preaching qf the recognized
scholar Richard Sennett in The Craftsman (2008). Associated with the Funds' apprenticeship
program is the Labor Technical College, a part of Empire State of the State University
system. This respected program provides a pathway to Bachelor and degrees.
I do not know how often you hear from Fund management but Mr. Saul's
unfounded submission offered the opportunity to communicate with you In the discharge of your
obligations.
Respectfully,

JOSEPH S. KAMING
JSK:jm
I "As things are now evolving, when you [Court] depart, the district will be left in the
hands of a body of individuals who may have once been competent c$rpenters but are far from
prime leaders, administrators or educators." .
Case 1:90-cv-05722-RMB-THK Document 1220 Filed 02/08/13 Page 2 of 2