VACATE the district court’s October 23, 2012 order and REMAND the matter for further proceedings not inconsistent with this order.
On June 26, 2012 Review Officer, (RO) Dennis Walsh vetoed Local 157 President Patrick Nee as president and delegate; Peter Corrigan as financial secretary and delegate; Levy Messinetti as recording secretary and delegate; Gauntlett Holness as trustee.
Nee, Messinetti and Holmes filed pro se letters in July 2012 to Judge Berman seeking review of the Notice of Veto.
On October 23, 2012, Judge Berman issued his decision and order: "the court finds that the RO's determinations with respect to Nee, Messinetti and Holmes was supported by substantial evidence and were not arbitrary or capricious. Accordingly the application for review are denied."
Nee and Messinetti appealed Judge Berman's decision to the UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, argueing that the RO’s veto authority is limited to “actions” under 5(b)(iii).
The Second Circuit said that the language in the Stipulation and Order was "ambiguous" as to whether the authority applied to the veto of an elected official and remanded the matter to the District Court to determine the intentions of the District Council and the government in this regard.
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is VACATED and the matter is REMANDED for further proceedings.
Appellants Patrick Nee and Levy Messinetti, proceeding pro se, appeal from the October 23, 2012 order of the district court denying their petitions for review of a “Notice of Veto,” issued by court-appointed Review Officer Dennis Walsh (“RO”), which removed them from their positions as elected officers in one of the local unions that comprise the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America (the “District Council”).
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