Nabble - A Mobilized Membership Is An Irresistible Force

BUFFALO CARPENTERS GOING FOR NLRB REPRESENTATION VOTE

2012-05-14T10:44:26Z

THE CARPENTERS IN BUFFALO WILL BE HAVING A REPRESENTATION ELECTION WITH THE NLRB SOMETIME IN JUNE. HOPEFULLY THE BUFFALO CARPENTERS CAN WIN THIS ELECTION AND GIVE DOUG MCCARON THE BOOT FROM BUFFALO. THIS IS THE SAME TYPE OF NLRB ELECTION THAT THE DOCKBUILDER HAD IN NYC AND NJ. RIGHT NOW THE UBC HAS PUT 12 TO 14 ORGANIZERS FROM NJ AND AROUND THE AREA INTO BUFFALO, HARRASING MEMBERS AND THEIR FAMILIES. IT WAS STATED THAT ONE COUNCIL REP FROM NJ ( SATRIANO ?) HAD HARRASSED A CARPENTER AND HIS FAMILY BY RETURNING TO HIS HOME 5 TIMES TO PLEAD WITH HIM TO STAY WITH THE UBC. GOOD LUCK BUFFALO

DENNIS WALSH SHOULD BE CHARGED WITH A ULP FOR HIS INTIMIDATION OF THE DOCKBUILDER/UBC NLRB ELECTION

2012-05-16T09:34:08Z

Dennis Walsh should be charged with an unfair labor practice (ULP) for his intimidation in threatening the dockbuilders. Walsh has no jurisdiction over any newly formed union, just the UBC NYCDCC.

Local 157 "The Gang Who Couldn't Shoot Straight"

2012-05-14T19:53:52Z

Nee and Levi botched up the postcard again. This Wednesday will not be nominations because they wrote the postcard with incorrect information, making it invalid. This is about/around their third mess up with the postcards costing the members about $25,000 - $30,000 and delaying the process as well. This Wednesday, the 15th will be a regular 157 union meeting, not nominations. I just received another postcard today stating nominations will be May 29th 5:00pm at District Council, 10th floor.

Gerry Gausman Crayola Crayon Factory

2012-05-15T20:04:45Z

CONTENTS DELETED

The author has deleted this message.

Fire all the holdovers

2012-05-13T23:37:00Z

how come mike hasnt fired one of these guys?
Tysner
Capurso
DiNapoli
Schuler
Wallace
McWIlliams
Wallcot
Dunbar
McKeon
McInnis
Carey
Salazar
Sheehy

He has not fired one of these individuals whY? what have they done? why did they get a raise? They have done nothing in this union to deserve a raise? This is an outrage when are Bilello, Lebo, and Cavanagh going to take a stand ?

vote may 16th

2012-05-14T13:20:42Z

Has the vote on the 16th been cancelled.

NLRA SECTION 8 & SECTION 9 RE: 8(f) & 9(a)

2012-05-01T21:22:03Z

UNFAIR LABOR PRACTICES

Sec. 8. [§ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];

(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization:

Provided, That nothing in this Act [subchapter], or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act [in this subsection] as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later,

(i) if such labor organization is the representative of the employees as provided in section 9(a) [section 159(a) of this title], in the appropriate collective-bargaining unit covered by such agreement when made, and

(ii) unless following an election held as provided in section 9(e) [section 159(e) of this title] within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement:

Provided further, That no employer shall justify any discrimination against an employee for non-membership in a labor organization

(A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or

(B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(4) to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act [subchapter];

(5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 9(a) [section 159(a) of this title].

(b) [Unfair labor practices by labor organization] It shall be an unfair labor practice for a labor organization or its agents--

(1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7 [section 157 of this title]: Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;

(2) to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3) [of subsection (a)(3) of this section] or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(3) to refuse to bargain collectively with an employer, provided it is the representative of his employees subject to the provisions of section 9(a) [section 159(a) of this title];

(4)
(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or

(ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is- -

(A) forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by section 8(e) [subsection (e) of this section];

(B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 9 [section 159 of this title]: Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing;

(C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 9 [section 159 of this title];

(D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work:

Provided, That nothing contained in this subsection (b) [this subsection] shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this Act [subchapter]: Provided further, That for the purposes of this paragraph (4) only, nothing contained in such paragraph shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution;

(5) to require of employees covered by an agreement authorized under subsection (a)(3) [of this section] the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the Board finds excessive or discriminatory under all the circumstances. In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;

(6) to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; and

(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective- bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(A) where the employer has lawfully recognized in accordance with this Act [subchapter] any other labor organization and a question concerning representation may not appropriately be raised under section 9(c) of this Act [section 159(c) of this title],

(B) where within the preceding twelve months a valid election under section 9(c) of this Act [section 159(c) of this title] has been conducted, or

(C) where such picketing has been conducted without a petition under section 9(c) [section 159(c) of this title] being filed within a reasonable period of time not to exceed thirty days from the commencement of such picketing: Provided, That when such a petition has been filed the Board shall forthwith, without regard to the provisions of section 9(c)(1) [section 159(c)(1) of this title] or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof: Provided further, That nothing in this subparagraph (C) shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver or transport any goods or not to perform any services.

Nothing in this paragraph (7) shall be construed to permit any act which would otherwise be an unfair labor practice under this section 8(b) [this subsection].

(c) [Expression of views without threat of reprisal or force or promise of benefit] The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act [subchapter], if such expression contains no threat of reprisal or force or promise of benefit.

(d) [Obligation to bargain collectively] For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession: Provided, That where there is in effect a collective- bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification--

(1) serves a written notice upon the other party to the contract of the proposed termination or modification sixty days prior to the expiration date thereof, or in the event such contract contains no expiration date, sixty days prior to the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Federal Mediation and Conciliation Service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of sixty days after such notice is given or until the expiration date of such contract, whichever occurs later:

The duties imposed upon employers, employees, and labor organizations by paragraphs (2), (3), and (4) [paragraphs (2) to (4) of this subsection] shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 9(a) [section 159(a) of this title], and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract.

Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g) of this section, shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act [sections 158, 159, and 160 of this title], but such loss of status for such employee shall terminate if and when he is re-employed by such employer. Whenever the collective bargaining involves employees of a health care institution, the provisions of this section 8(d) [this subsection] shall be modified as follows:

(A) The notice of section 8(d)(1) [paragraph (1) of this subsection] shall be ninety days; the notice of section 8(d)(3) [paragraph (3) of this subsection] shall be sixty days; and the contract period of section 8(d)(4) [paragraph (4) of this subsection] shall be ninety days.

(B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days' notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in section 8(d)(3) [in paragraph (3) of this subsection].

(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute.

[Pub. L. 93-360, July 26, 1974, 88 Stat. 395, amended the last sentence of Sec. 8(d) by striking the words "the sixty-day" and inserting the words "any notice" and by inserting before the words "shall lose" the phrase ", or who engages in any strike within the appropriate period specified in subsection (g) of this section." It also amended the end of paragraph Sec. 8(d) by adding a new sentence "Whenever the collective bargaining . . . aiding in a settlement of the dispute."]

(e) [Enforceability of contract or agreement to boycott any other employer; exception] It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer, or cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be to such extent unenforceable and void:

Provided, That nothing in this subsection (e) [this subsection] shall apply to an agreement between a labor organization and an employer in the construction industry relating to the contracting or subcontracting of work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work:

Provided further, That for the purposes of this subsection (e) and section 8(b)(4)(B) [this subsection and subsection (b)(4)(B) of this section] the terms "any employer," "any person engaged in commerce or an industry affecting commerce," and "any person" when used in relation to the terms "any other producer, processor, or manufacturer," "any other employer," or "any other person" shall not include persons in the relation of a jobber, manufacturer, contractor, or subcontractor working on the goods or premises of the jobber or manufacturer or performing parts of an integrated process of production in the apparel and clothing industry:

Provided further, That nothing in this Act [subchapter] shall prohibit the enforcement of any agreement which is within the foregoing exception.

(f) [Agreements covering employees in the building and construction industry] It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in section 8(a) of this Act [subsection (a) of this section] as an unfair labor practice) because

(1) the majority status of such labor organization has not been established under the provisions of section 9 of this Act [section 159 of this title] prior to the making of such agreement, or

(2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later, or

(3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or

(4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area:

Provided, That nothing in this subsection shall set aside the final proviso to section 8(a)(3) of this Act [subsection (a)(3) of this section]:

Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 9(c) or 9(e) [section 159(c) or 159(e) of this title]. {Amalgamated}

(g) [Notification of intention to strike or picket at any health care institution] A labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of section 8(d) of this Act [subsection (d) of this section]. The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.

[Pub. L. 93-360, July 26, 1974, 88 Stat. 396, added subsec. (g).]
______________________________________________________________________

REPRESENTATIVES AND ELECTIONS

Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.

(b) [Determination of bargaining unit by Board] The Board shall decide in each case whether, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Act [subchapter], the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof: Provided, That the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or (2) decide that any craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior Board determination, unless a majority of the employees in the proposed craft unit votes against separate representation or (3) decide that any unit is appropriate for such purposes if it includes, together with other employees, any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises; but no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.

(c) [Hearings on questions affecting commerce; rules and regulations] (1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board--

(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 9(a) [subsection (a) of this section], or (ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 9(a) [subsection (a) of this section]; or

(B) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 9(a) [subsection (a) of this section]; the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.

(2) In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 10(c) [section 160(c) of this title].

(3) No election shall be directed in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this Act [subchapter] in any election conducted within twelve months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.

(4) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board.

(5) In determining whether a unit is appropriate for the purposes specified in subsection (b) [of this section] the extent to which the employees have organized shall not be controlling.

(d) [Petition for enforcement or review; transcript] Whenever an order of the Board made pursuant to section 10(c) [section 160(c) of this title] is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under section 10(e) or 10(f) [subsection (e) or (f) of section 160 of this title], and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript.

(e) [Secret ballot; limitation of elections] (1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and labor organization made pursuant to section 8(a)(3) [section 158(a)(3) of this title], of a petition alleging they desire that such authorization be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer.

(2) No election shall be conducted pursuant to this subsection in any bargaining unit or any subdivision within which, in the preceding twelve- month period, a valid election shall have been held.

Fire Bilello for Being and Idiot

2012-05-10T10:58:22Z

Bilello has no balls no answers we are better with a construction cone.

Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

2012-02-09T12:28:51Z

Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild
02/08/2012
By Debra K. Rubin, with Aileen Cho {enrconstruction.com}

New York state transportation agencies have qualified four of five design-build teams that sought places on the short-list to build the estimated $5-billion-plus replacement of the aging Tappan Zee bridge across the Hudson River, north of New York City.

State Thruway Authority and Dept. of Transportation officials disclosed in a Feb. 7 announcement that five teams were vying for technical, financial and management qualification, among other criteria. But they did not confirm reports from executives close to the competition that a team headed by Italy’s Impregilo SA and U.S.-based Halmar was not selected to proceed.

The new span will be the state’s largest-ever bridge project.

Those approved by the 47-member technical review team are:

Hudson River Bridge Constructors, a group including Dragados USA, Inc., Flatiron Constructors Inc., Samsung C&T, E&C Americas Inc. and Yonkers Contracting Co. Inc. Design firms include T.Y Lin and HNTB, according to sources.

A joint venture of Kiewit Infrastructure Co., Skanska USA Civil Northeast Inc., Weeks Marine Inc. and subcontractor ECCO III Enterprises Inc. with engineers Parsons Brinckerhoff and Parsons Transportation Group.

Tappan Zee Bridge Partners, a JV of Bechtel Infrastructure Corp. and Tutor Perini Corp. also qualified, with its engineers believed to be Michael Baker, STV and Gannett Fleming.

Tappan Zee Constructors, made up of Fluor Enterprises Inc., American Bridge Co., Granite Construction Northeast Inc., and Traylor Bros. Inc., with engineering from HDR, Buckland & Taylor and URS.

The Impregilo-Halmar team was also believed to include engineers Hardesty & Hanover LLP, Louis Berger Group and Hatch Mott McDonald, according to competitor executives.

State officials said that the four teams are set to receive requests for proposals “in the coming weeks.”

According to an executive of one team, agencies are set to meet with short-listed teams as early as next week to review the draft RFP. Creation of the document also includes input from other state agencies to make it "not too restrictive," he says.

Thruway Chief Engineer Ted Nadratowski, the authority's selection official, said, "This selection of short-listed teams is an important part of the process, but due diligence of all teams and individual companies will continue as we move toward selection of the team who will actually build this bridge." He added that the contract is “the most important procurement we've ever considered, and it must be completed with utmost care at every stage of the process."

The agencies say the winning design-build team for the new span, the state's largest-ever bridge project, will be selected “later this year.” But observers have said New York Gov. Andrew Cuomo is keen to see work started by the November elections. Says one industry participant, officials "are scrambling."
______________________________________
Fluor would be a disaster, re: Notorious Union Busters for starters.....

Bechtel-TPC looks like the best bet overall for engineering capability, bonding, credit, d/b experience, value engineering, ability to self perform and overall union relations, safety, insurance mod's & overall performance records for large civil/bridge projects of this scope & magnitude.

THE ONE REASON TO VOTE NO ON ALL CONTRACTS

2012-03-13T11:43:17Z

pg. 34 Wall & Ceiling contract:

SECTION 8
Wage, wage rates and fringe benefit contributions within the bargaining unit shall be determined and/or reallocated by [the] sic Union at its sole discretion]

This language is inserted into every Contract.

It destroys the promissory value of the Contract, negates The NLRA, LMRA, LMRDA in one fell swoop, negates decades of precedent Supreme Court cases and it provides the Benefit Fund Trustees, Fiduciaries and certain of their "at will, Non-Union Employees" Unilateral Control of you, your Union and your family's rights to the contracted for Pay Raises which belong in each man or woman's paycheck and no where else!
________________________________

Wall & Ceiling Contract -Pg 49 - Section 6.

Each1 Employer shall be bound by all of the terms and conditions of the Agreements and Declarations of Trust, creating the Welfare and Pension Funds, as amended, and the Agreements and Declaration of Trust, creating the Vacation Fund, Annuity Fund, United Brotherhood of Carpenters and Joiners of America Trust Fund, and Apprenticeship, Journeymen Retraining, Educational and Industry Fund, New York City & Vicinity Carpenters Labor-Management Cooperation Fund and Supplemental Funds, as amended, and by all By-Laws adopted to regulate each of said Funds. The Trustees of the Funds shall secure the approval of the Treasury Department under the applicable provisions of the Internal Revenue Code and shall amend the same, if necessary, to secure such approval, so as to qualify the Employer contributions as deductions for Federal Income Tax purposes.
________________________________

BY-LAWS & TREASURY DEPT. APPROVALS FOR EACH OF THE SEPARATE FUNDS ARE NOT PUBLISHED FOR MEMBER REVIEW, DISSEMINATION, DISCUSSION OR DEBATE.
.......WHY NOT?
The Contract (CBA) takes precedence over & above the Declarations of Trust for every Fund. Wages came first and secondary to that end, came the Benefit Funds which flow therefrom...not the other way around.

Refusing to publish the documents, which are legally controlling and binding upon execution (signing) is in & of itself a fraudulent act as it violates the Consent Decree because it is the primary vehicle which caused the theft & fraud at the Funds to occur in the first instance and it will continue to do so in the future as it is tantamount to a get of jail card because there is no accountability.

WHEN THE RANK & FILES CHOSEN REPRESENTATIVES NEGOTIATE A FAIR & BINDING CONTRACT, EACH MEMBER, EACH MAN OR WOMAN AND THEIR FAMILIES HAVE THE RIGHT TO THE CONTRACTED HOURLY PAY RAISE PER MAN-HOUR WORKED, FOR THE LIFE OF THE CONTRACT (W/O EXCEPTION, EMPHASIS ADDED)

SECTION 8
Wage, wage rates and fringe benefit contributions within the bargaining unit shall be determined and/or reallocated by [the] sic Union at its sole discretion]

Before returning your ballots - each and every member Voting needs to ask themselves one simple Question.....

Of all the contract language both past and present, which section, paragraph or sentence caused the fraud, malfeasance, racketeering and criminal acts to occur for the life of the Consent Decree dating to March 3, 1994 & the Criminal RICO CHARGES dating to September 6, 1990?

The SECTION 8 language shreds, negates and eviscerates any right you believe you have to control your Union. Your done, right here with this one sentence. You have no control, no voice, no vote over any matter whatsoever.

SECTION 8 violates both Prong 1 (Elimination of Racketeering) and Prong 2 (Restoration of Democracy) as it destroys your voice, vote regarding wages, hours, terms and conditions of employment (NLRA Preamble & Section 7 Rights) and it only encourages more fraud and malfeasance by assuring the Trustees & Fiduciaries and Investment Advisors that when they are inept, grossly negligent, engage in theft or fraud that they can unilaterally come back at any time they choose, steal your hard earned pay raise and use that money to cover for their theft & losses.

Hardly democratic now is it? Does it eliminate racketeering & fraud of encourage more of it?
______________________________

Oh, now we all know that the other side will come back and tell you that it's all good, that's why we have to implement & Fund in perpetuity Precinct 39.5, that's why you all just got to have the Magic Stewie Wand and a multi-million dollar software contract to run it, along with of course more new positions & the newly created positions for the Cop's, Lawyers and Private Investigators at the IG's Office, all of which will specifically exclude any Carpenter from ever holding a position there for want of a law degree or 5-O Badge of some sort.

All of them shall be highly compensated, "At Will", "Non-Union" Employees controlling your Union, hardly the purpose of the NLRA now is it?

BOTTOM LINE:
- NO LAW DEGREE OR 5-O BADGE REQUIRED TO COMPREHEND THIS:

SECTION 8
Wage, wage rates and fringe benefit contributions within the bargaining unit shall be determined and/or reallocated by [the] sic Union at its sole discretion]

VOTE THESE LOUSY CONTRACTS DOWN... you are not chattel or fungible property.

You are not Doug McCarron's indentured servants here to simply generate initiation fees, monthly dues, fines and assessments so he can live the life of Riley & spend his time and your money running to Court and filing suits at the NLRB, State & Federal Court to shred every Labor Law and precedent case on the books.

Gerry Gausman

2012-05-10T09:05:50Z

gerry used to suck greaneys cock, used to suck firths cock. Now he sucks my cock only this time he swallows as i rub his bald head. He may be as dumb as a rock but he loves my cock.

WASHINGTON POST - WORKING THROUGH LUNCH NLRB

2012-05-10T17:02:47Z

https://www.nlrb.gov/case/05-CA-036485

WP Company, LLC d/b/a The Washington Post and
Washington Mailers’ Union No. 29 Printing,
Publishing, and Media Workers Sector of the
Communications Workers of America, AFL–
CIO. Case 05–CA–036485 and 05–CA–036574

May 9, 2012

DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HAYES
AND GRIFFIN

9(a) Exclusive Bargaining Rep., Waiver of Right to Bargain, Successor Agreements, Impasse in Contract Negotiations, Direct Dealing

The white card

2012-04-30T11:09:47Z

I will sign the white card. All this does is crush the traitors from amalgamated crooks and scammers and make us a stronger union. Dont let all the anonomous posters that are really with the amalgamated traitors put their spin on it. Amalgamated are the carpenters that no longer have a strangle hold on our union that want to start a new union in the name of democracy- what a line of bullshit. The only reason they are trying to start amalgamated is so they can have control and benifit personaly. The members finally have a say in this union (ratification of contracts)and the right for all members to attend delegate meetings. This has never happened in the past because the "good ol boyz" had everything for themselves , every thing was done behind closed doors. The good ol boyz have been kicked to the curb and the doors are wide open for all to see. Our newly elected leaders have ripped up the old list of "three a day elegible people" because the hiring process was a sham. I was eligable and was on the list and still believe it is right to rip up the list and start all over. I will sign the white card because it will crush the amalgamated scammers. The is the only purpose for the white card -dont let the spin doctors tell you it is Mc Carrons way of taking control of us, that is pure bullshit. If you want to crush amalgamated and all the cons behind it -SIGN THE CARD. Respectfully yours, Donny Arana.

The Market Picture Begins to Clear for the Top 400 Contractors

2012-05-09T17:18:43Z

The Market Picture Begins to Clear for the Top 400 Contractors
05/14/2012
By Gary Tulacz, with Debra K. Rubin
Text size: A A

[ Page 1 of 4 ]

Is the construction industry finally coming out of the recession? Among contractors, it depends. For those in the industrial, manufacturing and petroleum sectors, work is picking up. In the power markets, pipeline work is growing as permitting advances. But in the public infrastructure and buildings markets, contractors are scrambling to get their share of a diminished yet stable workload.

The slow turnaround in the construction market can be seen in this year's ENR Top 400 Contractors list. As a group, the Top 400 generated $282.14 billion in contracting revenue in 2011, an increase of 8.8% from 2010's $259.41 billion. This contrasts with the record $338.38 billion in 2008 contracting revenue reported by the group in our 2009 Top 400. However, 2011 represents a step in a positive direction.

Domestic contracting revenue for the Top 400 rose 5.9% in 2011, to $220.49 billion, while international contracting revenue jumped 20.3%, to $61.65 billion.

The contrast between the private-sector markets and those dominated by the public sector in the domestic U.S. market are distinct. Manufacturing, which rose 82.7% in 2011, shows the strongest domestic turnaround. The telecommunications market, which has been led by growth in data centers, also surged, rising 28.7% in the U.S. Other big gainers on the domestic side were power (up 15.5%), petroleum (up 14.4%) and industrial process (up 13.8%).

The domestic infrastructure markets were less active. Contracting revenue in the U.S. transportation market rose 7.0%, hazardous-waste contracting rose 4.1%, and water supply work was up 3.6%. Still, it's better than 2011, when sewer and wastewater contracting revenue fell 20.7% from the prior year.

Bechtel, at the top of the ENR Top 400 for the 14th straight year, had a record year in 2011. It booked $53 billion in new work in 2011, including $47.2 billion in construction and engineering-procurement-construction contracts, according to its annual report.

"We closed on some huge projects in the commodities sector, particularly in [liquefied natural gas] projects in Australia and in mining and metals in South America," says Bill Dudley, Bechtel's president. He says 2012 is shaping up to be another good year. "We are not going to try to top 2011 in sales, but it should be a solid year. The size of the jobs seems to be getting bigger."

Fluor Corp. also experienced a big year in 2011, and that activity seems to be continuing into 2012. CEO David Seaton, in a recent analysts' conference, noted double-digit growth in both revenue and profits in its oil-and-gas, industrial and infrastructure, and global services segments. Backlog again hit a new company record—$42.5 billion, up 14% from a year ago and up 6% over last quarter. "We really see opportunities across all our market segments. International capital programs rule the day, but a strengthening U.S. market would be a plus," Seaton says.

Consolidation

While consolidation among contractors is not as high as among design firms, there were several notable acquisitions among the Top 400. Tutor Perini led the way in 2011. It spent about $600 million on purchases, including Wisconsin-based Lunda Construction, Mississippi-based Anderson Cos. and Evansville, Ind.-based Frontier-Kemper Construction—all of which were on last year's Top 400. Tutor Perini also acquired several subcontractors, including GreenStar Services Corp., New York City, and Fisk Electric, Houston.

These acquisitions drove a 48% revenue increase, to $912.5 million from $615.3 million, in the first quarter of 2012, compared to Q1 2011. "Our integrated service capabilities—including program management, specialty contracting and civil construction—continue to increase our control over price," said CEO Ron Tutor in a recent analysts' conference. The firm also noted that acquisition costs generated a net loss of $1.2 million in the same time frame. Tutor says Tutor Perini's building and civil groups will use the firm's newly organized specialty-contractor group to use an integrated bid approach for large-scale work.

Another active firm was Balfour Beatty US. It acquired Howard S. Wright (HSW), Seattle, and the water group of Fru-Con. "HSW brings us a whole new type of project with their relationships with national customers," says Robert Van Cleave, CEO of Balfour Beatty US. For example, he notes that HSW is doing a 60-store rollout for Les Schwab Tire Stores.

Further, the acquisition of Fru-Con's water group opens up an entirely new geographic area for Balfour Beatty US. "Most of our work in the water sector was in California and the West Coast," says Van Cleave. "In Fru-Con, we saw the opportunity to bring our water practice to the East Coast."

Flat Buildings
The largest market for U.S. contractors is also the most problematic: Revenue for the Top 400 in the domestic general building market rose only 0.25% in 2011, to $109.4 billion. This uptick is a far cry—by 33%—from the $165.0 billion the Top 400 booked in 2008. Public buildings work is declining as revenue shortfalls and deficits widen among municipalities. Contractors wonder if the private sector will take up the slack.

BLUE CARD BOY LIVES

2011-07-26T22:21:42Z

by NLRB - board decision & order, excerpt:

Obviously a referral procedure that has the effect of reserving the first 80 to 85 percent of job referrals for picketers will tend to coerce members’ decisions about whether to engage in picketing.

The procedure is discriminatory and falls outside a union’s prerogatives in the operation of a nonexclusive hiring hall regardless of whether one casts the Respondent’s subjective motivation as rewarding picketers or as punishing non-picketers. See Service Employees Local 1107 (Sunrise Hospital), 347 NLRB 63, 65 (2006), citing Boilermakers Local 686 (Boiler Tube), 267 NLRB 1056, 1057 (1983) (Where a union interferes with a member’s Section 7 right to refrain from union activity, Section 8(b)(1)(A) does not require a showing of motivation or intent to establish a violation.)....

-AND-

Such coercion is unlawful regardless of whether the provision also has lawful applications. The Respondent’s defense that it did not enforce paragraph 4(c), is also not viable. The mere existence of a rule that improperly discriminates on the basis of a member’s protected activity has a chilling effect on the exercise of Section 7 rights, and violates Section 8(b)(1)(A) regardless of whether the provision has ever been enforced. Awrey Bakeries, 335 NLRB 138, 139–140 (2001), enfd. 59 Fed. Appx. 690 (6th Cir. 2003); Engineers & Scientists Guild (Lockheed-California), 268 NLRB 311 (1983).
_______________________________________________

This is as short as it gets, to provide adequate context, proving Mr. Brennan was correct

still have med issues? Call

2012-05-07T09:54:15Z

Trustee David Meberg, head of consolidated carpet, and longest sitting trustee, and ask him why he did not do his job for our funds? 212-226-4600. Ask him when the trustees got Medical degrees and what exactly qualifies them to decide what medicine I should take. Thats a Doctors job.

Ted

2012-05-09T03:42:00Z

Who is Ted? U should reveal urself after over 700 posts! Pussy!!

NYU seeks approval to build $1.2B pavilion The 22-story, 830,200-square-foot building

2012-05-08T09:22:24Z

NYU seeks approval to build $1.2B pavilion
The 22-story, 830,200-square-foot building for inpatient and outpatient service will be located on the medical center's existing campus, at East 34th Street.

Print Email Reprints Comment
By Barbara Benson @Barbara_Benson
May 7, 2012 1:06 p.m.
inShare
6

NYU Hospitals Center is expected to announce Monday that it has filed for state regulatory approval of its long-awaited $1.2 billion project to build a new clinical facility, the Helen L. and Martin S. Kimmel Pavilion.

The certificate of need, filed last month, calls for a 22-story, 830,200-square-foot building for inpatient and outpatient services. It will be located on the medical center's existing East 34th Street campus, between First Avenue and the East River, where the Rusk Institute of Rehabilitation and the Ronald O. Perelman Research buildings now stand. NYU said the project could generate 10,400 construction and related jobs in New York, $1.44 billion in economic output and 9,100 nonconstruction jobs.

If approved, the new pavilion will have 374 inpatient rooms with one bed each. That design could help the hospital's bottom line by helping it control costly infections and making patients feel better about their hospitalization—at a time when reimbursement will be based in part on patient satisfaction scores.

The new hospital is designed to meet the changing demands of health care. With more patients treated outside hospitals, the new facility will be geared to the sickest ones, with more intensive care and intermediate care beds than the current configuration. Between now and 2021, NYUHC projects it will have an 11% increase in patient discharges, to 47,000 patients annually. Its average occupancy rate will go to 81% from 71%. The average length of stay will fall to 5 days from 5.6.

The total number of licensed beds is unchanged, as the medical center is asking the state Department of Health to decertify other beds currently used for medical/surgical, special, pediatric and rehabilitation patients.

The pavilion will have 32 advanced operating rooms and 39 non-inpatient beds for people who require observation but not hospitalization after a procedure. It also will house a children's hospital, the Hassenfeld Pediatric Center.

Read more:
http://www.crainsnewyork.com/article/20120507/REAL_ESTATE/120509919#ixzz1uIJMEdn3

__________________________________________________

Another Billion Dollar plus project in the works.....& the men are supposed to settle for the BTEA & RBNY 26 Point Plan, the chief component of which is "Scrappers & Helpers" capped at $25.00 dollars an hour for Wages & Benefits while they are allowed to perform all the work of a Journeyman Carpenter and be granted full mobility.

Permits are climbing gentlemen and more billion dollar projects will be released, so never forget which Contractor Associations in concert with the above organizations tried to sell you out.

Time to cut through the bullshit and get these Contracts done, a three year deal with a guaranteed 9%, 8% & 7% raise over years 1-3 with all the money guaranteed to hit the envelope.

Reminder:

This post was updated on Jan 04, 2012; 3:49pm.
WALL & CEILING
ARTICLE III, Section 2, pg. 4
The Employer is desirous of employing Carpenters, Carpenter Apprentices, Hod Hoist Carpenters, Joiners, Millrights, Pile Drivers, Dockbuilders, Divers, Cabinetmakers, Bench Hands, Stair Builders, Millman, Wood & Resilient Floor Layers, Carpet Layers, Shinglers, Siders, Insulators, Acoustic and Drywall Applicators, Casket & Coffin Makers, and all those engaged in the operation of Wood-Working or other Machinery required in the Fashioning, Milling or Manufacturing of products used in the trade, or engaged as HELPERS to any of the above divisions or subdivisions and the handling, erecting and installing materials.

Burning, Welding, Rigging and the use of any and all Instruments or Tools for Layout Work incidental to the Trade on any of the DIVISION or SUB-DIVISIONS of the Trade consistent with the Constitution and Laws of the United Brotherhood of Carpenters and Joiners of America.
__________________________
key words:

Fashioning, Milling, Manufacturing----------re: Products used in the Trade

ENGAGED AS------------------------------"HELPERS"
to do what:

HANDLE, ERECT & INSTALL MATERIALS, BURNING, WELDING, RIGGING or the USE OF ANY & ALL INSTRUMENTS or TOOLS INCIDENTAL TO THE TRADE
__________________________
Page 5-14, items (a) to (w), and a second (v) ???? encompass every Division, Sub-Division and specification section of work.

MCCARRON & now the CONTACTOR ASSOCIATIONS are in fact UNION BUSTERS!

Civil Service Carpenters' Court Date

2012-05-04T19:58:44Z

Does anybody know how we did in Court today. Bloomberg is intent on putting the screws to us.

Modular Construction Invades NYC: BTEA Sponsored Meeting May 16, 2012

2012-05-06T18:17:29Z

http://www.bteany.com/pages/dates.html

Building Trades Employers Association (BTEA)

MEETING: Innovative Construction Techniques—Construction of the Future

LOCATION: First American Title Insurance Company
1633 Third Avenue (between 40th and 41st Streets)

DATE AND TIME: Wednesday, May 16, 2012 8:00 AM - 10:30 AM

THE EVENT:

CONFERENCE OVERVIEW

Cost and speed are the two primary factors in any construction project. As pressure increases to identify efficiencies, smart contractors and building innovators are turning to new technologies and innovative construction techniques to achieve both cost and time savings.

Contractors and innovators are utilizing new technologies such as modular construction, co-generation and other energy efficient technologies, interactive building modeling and intelligent jobsite technology to design and build the structures of the future.

Learn what our panel has to say about the technology that will drive the future of construction in New York and the region.

[ ... ]

AMY MARKS | PRESIDENT | XSITE MODULAR
Prior to founding XSite Modular in February 2011, Amy Marks served as Vice President of Business Development at Kulka Construction and Chief of Sales and Marketing, and later President, at Kullman. XSite Modular is a certified WBE modular design/build consulting and management company focused on complex, technology-embedded modular buildings including high-rise modular buildings. The XSite Modular team has experience in design, construction and installation of modular buildings including data centers, healthcare buildings, equipment and communications enclosures, educational buildings and student housing, multi-family dwellings and prefabricated Bathroom PODS. Amy is educated in Lean Manufacturing and Lean Project Delivery Methods and she has been named Top 40 under 40 NJ BIZ Magazine and Top 50 Most Influential Women in Real Estate.

http://www.xsitemodular.com/
XSite Modular

http://www.xsitemodular.com/technology.php
Technology

Modern Methods of Construction (MMC) describes innovative solutions in building products, software, tooling, methods and construction system innovations that increase the levels of safety, productivity, sustainability, lifespan, cost savings and speed of construction.

Modular Construction is a construction system innovation and is considered one of the most technology integrated forms of MMC. XSite Modular focuses on the design, fabrication, and installation of three levels of Prefabrication and MMC: Preassembled Components, Subassemblies and Modular Construction. Prefabrication is a term used to describe the spectrum of applications where buildings, structures or parts are manufactured and assembled remote from the building site prior to installation in their final position. In summary, moving operations that are traditionally completed on-site at the project location to a manufacturing environment offsite.

http://www.xsitemodular.com/projects.php
Projects

We are working with several confidential clients. Please check back soon for updates.

Atlantic Yards

http://www.atlanticyards.com/designs-and-timelines-for-atlantic-yards-residential-buildings
Designs and Timelines for Atlantic Yards Residential Buildings

http://www.xsitemodular.com/about-us.php
About Us: Amy Marks, President

[ ... ]

Amy left Kulka Construction to lead the acquisition of Kullman, a provider of permanent, steel and concrete modular multi-story buildings. As Kullman's Chief Sales and Marketing Officer and later President, she further helped turn the company into a leader in the prefabrication industry by launching several new product lines including modular data centers and prefabricated Bathroom PODS. Amy substantially increased sales every year since the purchase to almost $60M in 2010. Amy is educated in Lean Manufacturing and Lean Project Delivery Methods.

http://www.linkedin.com/in/amykulkamarks

Amy Kulka-Marks: President at XSite Modular
Location: Greater New York City Area
Industry: Construction
Past:

President & Chief Sales and Marketing Officer Kullman Buildings Corp.

Privately Held; 51-200 employees; Construction industry

November 2005 – January 2011 (5 years 3 months)

[ ... ]

Select accomplishments:

• Reduced overhead costs in excess of $4M by recasting staff, streamlining operations, renegotiating leases and insurance programs.
• Negotiated Union contract on behalf of management with positive results in both wages and terms

http://www.linkedin.com/in/alexisbreslin

Alexis Breslin, SPHR: Director of Human Resources at Solidia Technologies, Inc.
Location: Greater New York City Area
Industry: Human Resources
Past:

Vice President of Administration & Human Resources Kullman Buildings Corp.

Privately Held; 51-200 employees; Construction industry

March 2007 – September 2011 (4 years 7 months)

[ ... ]

* Lead the negotiations for management in collective bargaining with the United Brotherhood of Carpenters and Joiners, LU #821 resulting in reduced labor costs, flat benefit contributions, and stronger performance management controls over a four year term.

Out of Towners?

2011-03-23T20:01:52Z

Can any of you guys tell me when NYC stopped enforcing the permit system for non NYC carpenters. It was my understanding that you used to have to pay and request a permit to work in NYC? Anybody on here remember?

the Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act (H.R. 4385, S. 2371)

2012-05-01T20:54:47Z

Posted on May 1, 2012 by Ilyse Schuman
{www.dcemploymentlaw.com} Littler

On April 26, 2012, Sen. Marco Rubio (R-FL) introduced legislation that would amend the National Labor Relations Act (NLRA) to permit employers whose workplaces are governed by collective bargaining agreements to award their employees with additional wages or other compensation for their job performance. A week earlier, Rep. Todd Rokita (R-IN) introduced the Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act (H.R. 4385, S. 2371) in the House of Representatives.

Specifically, this measure would insert the following into the NLRA:

Notwithstanding a labor organization's exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either--

(1) section 8(a)(1) or 8(a)(5), or

(2) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the RAISE Act, shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement.

In an op-ed piece for the Washington Examiner, Rep. Rokita wrote: “the National Labor Relations Board has repeatedly ruled that individual bonuses constitute ‘direct dealing,’ which is illegal under collective bargaining law, and that the NLRB has the power to strike down any bonuses or pay raises not negotiated by unions.” Rokita states further that his legislation “would amend the [NLRA] to reform the collective bargaining process and allow employers to give merit-based bonuses, raises or other increases to an individual employee above the level set by the employee's union contract.”

Sen. Rubio echoed these sentiments in a press release: “It is a sad day in America when no matter how hard an employee works, he or she is blocked from higher earning potential,” adding, “This bill fixes this arbitrary ceiling placed on these workers and allows the free market to function as it is supposed to. These kind of actions by the NLRB are the very root of the larger issue at hand: a board of unelected government bureaucrats dictating to businesses what employees are worth.”

The House version of the RAISE Act has been referred to the House Committee on Education and the Workforce. The Senate companion bill has been sent to the Senate Committee on Health, Education, Labor and Pensions.

Photo credit: DigitalZombie

ATTEND TODAY'S NYCDCC Delegate Meeting Wednesday May 2, 2012 at 5:00pm

2012-05-02T04:34:22Z

NYCDCC Delegate Meeting Wednesday May 2, 2012 at 5:00pm at the Labor Technical College, 2nd Floor Common Room located at 395 Hudson Street.

Rank and File Members Attend and watch the proceeding.

HOLD YOUR ELECTED DELEGATE'S ACCOUNTABLE FOR THERE ACTIONS!

Town Hall Meeting May 3rd at 4:30pm

2012-04-29T15:57:13Z

R.O. Dennis Walsh and EST Mike Bilello - Town Hall Meeting May 3rd at 4:30pm On Thursday, May 3rd EST Mike Bilello and RO Dennis Walsh will host an important Town Hall Meeting at 4:30pm at the Labor Technical College, 2nd Floor Common Room located at 395 Hudson Street.

During the meeting nominated candidates for the trustee position will be given an opportunity to speak.

All members are invited to attend and take an active role in the future of our union!

Be There - It is Your Money

TUTOR PERINI/HUDSON YARDS PRESS RELEASE

2012-01-20T12:24:25Z
http://www.related.com/ourcompany/PressDetail.aspx?Id=109
RELATED.COM

PRESS RELEASE

RELATED COMPANIES AND OXFORD PROPERTIES ANNOUNCE THE RETENTION OF TUTOR PERINI AS CONTRACTOR FOR 26-ACRE HUDSON YARDS DEVELOPMENT
—TISHMAN CONSTRUCTION TO SERVE AS RELATED AND OXFORD'S BUILDING PARTNER

Joanna Rose 212.801.3902

1/17/2012 Related Companies and Oxford Properties Group, general partner developers of the 26-acre Hudson Yards in midtown Manhattan, today announced the retention of Tutor Perini Corporation, a prominent national civil and building construction company, as contractor for the Hudson Yards development. Related and Oxford have also reached an agreement with Tishman Construction to serve as their building partner. Construction on Hudson Yards is poised to commence later this year beginning with the southeastern tower anchored by Coach, Inc.’s global headquarters. Related has also retained Tutor Perini Corporation for a residential tower being developed just south of the Hudson Yards on 30th Street and 10th Avenue.

“Tutor Perini is a world class contractor offering decades of experience and an exemplary track record with complex large-scale developments,” said Jay Cross, President of Related Oxford Hudson Yards. “Their retention along with that of legendary builder Tishman Construction marks another significant milestone as we prepare to commence construction on the Hudson Yards later this year and bring to market an extremely compelling commercial offering for office tenants with unsurpassed transportation infrastructure, amenities, large flexible floor plates and generous tax incentives."

Ronald N. Tutor, Chairman and CEO of Tutor Perini said “We are thrilled to be playing a role in the historic Hudson Yards development and partnering with Related Companies and Oxford Properties. Our experience and expertise in significant mixed-use developments makes us an ideal fit for the creation of New York’s next great neighborhood.”

“Hudson Yards represents one of New York's greatest opportunities for future growth,” said John T. Livingston, President of Tishman Construction an AECOM Company. “As the builder of the most iconic projects here and around the World, we’re thrilled to be teaming with Related and Oxford on the transformation of Manhattan’s far West Side.”

Tutor Perini Corporation is one of the largest builders in the United States with a longstanding reputation of successful projects in New York and vicinity. Notable projects include the Greenwich Street Corridor Project at World Trade Center, Airtrain Terminal at Jamaica Station, JFK Airport Runway Reconstruction, Hudson Bergen Light Rail Transit System, Mohegan Sun and Foxwoods Resorts in Connecticut and the recently completed Resorts World Casino in New York. Related Companies and Tutor Perini worked together on the highly acclaimed 6 million square foot, $4 billion Cosmopolitan Resort that recently opened in Las Vegas.

Tishman Construction Corporation is one of the world’s leading builder’s and was founded in 1898. Tishman is currently managing construction for the 1,776-foot-high One World Trade Center and Javits Convention Center expansion and renovation in New York and the new headquarters for the U.S. Department of Homeland Security in Washington, D.C.

Hudson Yards is a 26-acre mixed-use development accommodating over 13 million square feet of commercial and residential space. The master plan comprises approximately 5,000 residences, 6 million square feet of state-of-the-art commercial office space, a 1 million square foot destination retail center with an over 130,000 square foot two-level space of specialty destination restaurants, cafes, markets and bars, a five star hotel, a unique cultural space, and a new 750-seat school, all carefully planned around 14 acres of public open space. For more information please visit www.hudsonyardsnewyork.com.

###

New Jersey Bound Local Union 291 Members Being Charged

2012-04-28T22:53:48Z
New Jersey Bound Local Union 291 Members Being Charged

http://www.youtube.com/watch?v=-wtYQD8zKjc

new hires

2012-04-12T15:54:12Z
Whats the chances of a few good union men/women getting hired as dc reps this time around , by what made the grade lately,not great. Its a shame we cannot vote on who should be fighting for us in what i believe is the most important position in this union,but im afraid were going to get a batch of political hacks ,schemers,snake oil salesmen,cash taking foremen,touts,confidential informants,future investigators (retired cops) and so on We will know shortly whether mike is serious about reform or just playing us . One other cosy spot created that warrents special attention is that of Assistant Political Director. Boss Tweed is surely kicking himself for not thinking of this very important spot which when filled shall be very revealing.

13% WAGE HIKE FOR UNION WORKERS @ PANAMA CANAL EXPANSION

2012-04-14T05:49:15Z
Panama Canal Expansion Falls Six Months Behind Schedule
{enrconstruction.com}
04/16/2012
By C.J. Schexnayder
Text size: A A

The $3.25-billion effort to build massive new locks on both entrances of the Panama Canal has been delayed by six months beyond the previously announced schedule, said officials with the Panama Canal Authority, the agency that oversees the canal.

The international consortium handling the lock's construction, Grupos Unidos por El Canal, notified the authority—known by its Spanish-language acronym, ACP — of the new altered schedule on April 3.

The delay follows a weeklong work stoppage in January organized by SUNTRACS, one of Panama's largest construction labor unions. The walkout, which only affected workers for Grupo Unidos por el Canal, ended when the consortium agreed to a 13% wage hike.

The locks are the centerpiece of the $5.2-billion third-lane expansion of the canal that, when finished, is projected to double the historic waterway's capacity. The October 2014 completion date had been targeted in part because it marks the canal's centenary anniversary.

The delay is attributed to problems with the concrete mix, which didn't meet the 100-year standard set by the ACP.

According to agency officials, the locks are now on track to be flooded in September, and pre-commissioning tests should go forward in April 2015. The rest of the canal expansion efforts, such as excavation and dredging work, remain on schedule.

The consortium now faces significant fines for the delay that could reach a maximum of $54 million. That amount could increase to $200 million if the completed locks fail the pre-commissioning tests to measure how fast the enclosures can fill with water and the length of time it takes the lock gates to open.

Grupos Unidos por el Canal won the contract to design and construct the locks portion of the project in July 2009 with a bid $36 million below the canal authority's estimate. The consortium is composed of Spain's Sacyr Vallehermoso, Italy's Impregilo SpA, Belgium's Jan De Nul NV, Panama's Constructora Urbana SA (CUSA) and the Netherlands' Heerema Fabrication Group. n By C.J. Schexnayder
_______________________________________

Seems that the International consortium from Spain, Italy & Belgium were smart enough to realize that nothing gets done without the tradesman building the project. They walked out, struck and won a 13% wage hike.

Yet, like President Jimmy Carter, who handed the canal over and gave away that which we Americans designed and built after France failed; New York City Carpenters are expected to give back 25%-40% to the likes of McCarron, Lou Coletti & the mob while these do nothing jerk-offs in suits rob you blind?

STAND UP FOR YOUR RIGHTS. THE TIME FOR GIVE BACKS IS LONG OVER!

NO CONCESSIONS ON THE TAPPAN ZEE OR HUDSON YARDS or ANY CONTRACT.

The NYSTA will jack the Tolls 3-4 fold for years to come to finance the Tappan Zee and other pet Projects which the user & taxpayer ultimately pay for. Stephen Ross will still build Hudson Yards despite any idle threats to the contrary, so don't let anyone bullshit you or tell you otherwise.

HR 347 - OBAMA CRUSHES FREE SPEECH, ASSOCIATION & the FEDERAL CONSTITUTION

2012-04-27T22:10:44Z
http://my.firedoglake.com/jeanine4truth/2012/03/06/h-r-347-aka-thetrespass-bill-of-2011-criminalizes-protest/

Recently Expelled UBC Member Seeks Non-Union Work

2012-04-25T20:16:28Z
Recently Expelled UBC Member Seeks Non-Union Work

http://www.youtube.com/watch?v=eCug2sd9cPo

Authorization cards.

2012-04-25T18:00:12Z
Dear John M.
It is my understanding that when you sign an authorization card that you give up your right for one year to determine what percentage of dues check-off will be taken out of your wage. It can be changed at any time on the whim of McCarron or his agents. The member has no vote or input regarding monetary changes taken out of their paycheck. It is like opening pandora's box and not being able to close it for at least a year. In that time Mccarron and his BA's will be in your knickers pretty heavy. Of course if one is a masochist, then by all means smile and sign the card.

Anyone who advocates signing the card has drunk the kool aid. Beware. They have not asked me, although they have gotten many others to sign it without a full explaination of what happens. Jobs seem to possibly become available to those that sign. Its just like magic !

NO WORK ALL PAY @ GROUND ZERO

2011-05-09T07:23:45Z
on CRANE OPERATORS, OILERS, OPERATING ENGINEERS etc.
re: BTEA (alleged) Contract Negotiations

As usual...loudmouth CM desk jockeys with not much more to do themselves (other than affixing their Cover Sheet over the RFI, Submittal, CO etc). CM's have pretend jobs too...go to mtg., take bs one sided minutes & take a week to shit them out, hide in trailer all day & then beat up others to justify their own existance.

EXCERPT from story BELOW:
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A World Trade Center construction supervisor who asked not to be identified said technology has reduced the job to two simple functions: "They turn the machine on in the morning and turn it off at night," the supervisor said. "They are basically non-essential."

REBNY wants the city to loosen the union's influence over who gets licensed to operate heavy machinery. (hey, lets license illiterates & illegal aliens - yee ha!)

Now, only operators with city licenses can work here, and applicants must train with city crane operators - virtually all union workers. That gives the two locals a stranglehold on major projects. (boo-hoo, stfu)

"Locals 14 and 15 have the hammer. They have the power to shut down a job," said Steven Spinola, president of REBNY, which wants to be able to hire nationally licensed crane operators.
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NICE - OK Smartass CM, off the record contributor...SHOW ME the OWNERS MANUAL from the CRANE OUTFIT THAT SAYS THIS....you can't.

Point 2) What is on the CRITICAL PATH scheduling wise that goes into the Freedom Tower....shit Sherlock, that would be Everything

Point 3) If a machine goes down for 1-day.....What are the resulatant lossses to All other Trades in terms of Productivity? Hint, you do not lose 1-day from the Schedule, the Impact is far greater

Point 4) What will it cost in Overtime to Accelerate the Recovery Schedule for lost time, Man-Hours & Productivity?

Point 5) What are the Daily Liquidated Damages from Silverstein & the Port Authority?

Point 6) What are the Revenue Losses to the Port Authority? Will the LD's cover them or will there be lawsuits? H'mmm
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The Article is being used but for one purpose - To Drive Down Wages & Benefits via negotiating with BTEA.

The Crane Operators are getting what they get because it is a skilled position, requires years of training and there are huge monetary Liabilities and penalties which will be imposed, not to mention the inherent risk & liability from setting a crane up, hoisting materials & finishing a 104 Story Hi-Rise w/o killing someone, so some do-nothing weasel can get a good press release.

Who do you think paid for this story? Silversteain, the Port Authority, the Billionaire Bllomberg (I got mine, now screw everyone else)

This clown (C/M-Un-named contibutor) would prefer to bring in non-union assholes that work like retards and endanger lives....like the ya-hoos down South....Yee Ha.

Fuck the Rats & the CM's, your wives & kids expect you home for Dinner. Let the Pencil Neck go back to writing his useless meeting minutes, which you can all but wipe your ass with (contractually & legally speaking). Any questions - good, now whats for dinner Honey?

UNILATERAL CESSATION OF PAYMENTS TO MEDICAL, PENSION & VACATION

2012-04-24T21:25:25Z
http://www.nlrb.gov/case/20-CA-035612

UNILATERAL CESSATION OF PAYMENTS TO MEDICAL, PENSION & VACATION...FAILURE TO BARGAIN TO IMPASSE, BACKPAY & COMPLIANCE SPECIFICATION, PLUS COMPOUND INTEREST.

UBC v. Building Construction Trades Department (BCTD)

2012-02-26T05:36:06Z
at 130: pg. 71/246

...Defendants conspiracy to extort the Plaintiffs represents, in large parts, personal and institutional power play to maintain their lucrative and prestigious positions in the union movement [right out of the McCarron Playbook, hey, that's my move] and to control, manage, and maintain a monopoly over construction unions [ Sherman Anti-Trust Act McCarron calling the kettle Black] where they dictate which dues paying members a union can, and cannot recruit, accept train [for good reason Doug, we're not Scrapper-Helpers, Electricians, Laborers]; dictate which craft jurisdiction it will allow a construction union to have, and not have, based on an outmoded craft jurisdictionalal lines drawn more than 100-years ago [another lie, it worked well for 114 years before you got here Mr. Drywall Sheetcounter]; dictate which national and local political candidates and causes construction unions must, and must not support, financially and otherwise [BLUE-CARD VACATION WAGE EXTORTION]; dictate which collective bargaining agreements can and cannot sign [130+ ILLEGAL PLA KICK-BACK AGREEMENTS SIGNED BY YOU & FRANK SPENCER UNDER the ILLEGAL EXTENSION of the LMRDA TRUSTEESHIP, SO YOU COULD SELLOUT NEW YORKER's PRIOR TO FILING THIS SHAM SUIT - being that your were for PLA's in NEW YORK CITY for ALL of 2011 & through January 11, 2012, AND SUDDENLY, BY the FEBRUARY 21st FILING OF THIS BOGUS SUIT, YOU ARE AGAINST THEM....that goes to motive Doug...; and, most importantly, dictate that every construction union pay - and keep paying in perpetuity - the BCTD and its hundreds of Council a monthly fee to maintain this superannuated superstructure solely for services neither requested, wanted, nor necessary [ BLUE CARD VACATION WAGE EXTORTION scam for $512M PER YEAR, IN PERPETUITY... VIOLATING SECT. 7 & UBC MEMBERS FIRST AMENDMENT RIGHTS, ILLEGAL SKILLS FORM & REVOCATION OF JOURNEYMAN STATUS by YOUR NEVER ENDING & PHONY REQUEST FOR TRAINING & SERVICES NEITHER REQUESTED, NOR WANTED NOR NECESSARY].
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This is the classic Hill Street Blues fame "let's do it to them, before they do it to us" Simply put, we gotta sue someone for Criminal RICO Violations before the Fed's come after & sue us for the exact same thing {UBCJA International}.

Of all the bogus lawsuits which you have filed over the past 17-years Doug, this one takes the cake, given all the catch phrases:

"selective punitve action"
"drive up the costs"
"like chattel and indentured servants"
"greenmail extortion"
"taken right out of the Godfather"

pg. 126/246

In the letter, BCTD Defendants & co-conspirators demand that the Carpenters be kicked out of the Metal Trades Department so the BCTD's General President could appropriate as if they were slaves and fungible property, the Carpenters members, dues, jobs, property, assets, officer positions and other rights of property and business.

Funny, when Doug McCarron does what he accuses others of here...it's all good your Honor, Scouts Honor.......slaves & fungible property, really Doug? That comes from your guilty conscious, because it is the epitome of how you view each & and every rank & file member of the UBCJA, man or woman.....like chattel and indentured servants.

Doug, this is fodder for the confessional booth with the priest, Father What's His Name. Save it for your own perp walk for Criminal RICO & remember, you have the right to remain silent, anything you say can & will be used against you in a Court of Law.

at 230, pg. 125

...with respect to Defendant Ault, the BCTD defendants gave him an offer he could not refuse, which was taken right out of the Godfather - either join the conspiracy and implement the Pushback Campaign to obtain the business and property [rank & file Carpenter, slaves..fungible property....like chattel and indentured servants] of the Carpenters to maintain and control the Carpenters or you will not be re-relected at the November 2011 Convention, when he was up for re-relection. [re: this in reference to his pay raise from $180k to $400k per year]

So Doug, who is the achilles heel, who is your Fredo here?

Spencer, Yeggy, Silins or little brother Mikey - who is on record in Court Doc's supporting dual unionism...dumbass! We know...big problem, can't kill him & can't let him run the UBCJA either as your business/mob associates would not stand for it....re: it took damn near 20-years and $200M plus in phony/bogus lawsuits, not counting bribes, kick-backs & payoffs to the NLRB, DOL, DOJ, lawyers, judges, Congressman, Senators etc. to get where you are today and he is too stupid to run this operation and will endanger all that hard work; and more importantly, all the ill gotten gains and the property and assets of Carpenter Locals which you have stole from your own members, your cattle or chattel, your slaves or indentured servants if you prefer.

http://www.youtube.com/watch?v=CgbhyjuhbX8

last scene...Hollywood should have put McCarron in the starring role!

"Your Money or your Life.....wait a minute, I'm thinking" Jack Benny

AMALGAMATED & the ALL WRITS ACT

2012-01-24T10:29:17Z
A. The All Writs Act

The Government submitted that this Court has the power to issue extraordinary writs under the All Writs Act. That statute reads as follows:

The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

28 U.S.C. § 1651(a).
The broad language of the All Writs Act has been supplemented by case law which outlines the appropriate situations for issuing injunctions that bar parties from litigating suits before other tribunals.

In this Circuit, Courts interpreting the scope of this power under the All Writs Act look to that act, and also by analogy to circumstances involving the Anti-Injunction Act, 28 U.S.C. § 2283, which prevents Federal Courts from issuing injunctions barring proceedings in state tribunals except "when necessary in aid of jurisdiction." In re Baldwin-United Corporation,770 F.2d 328, 335 (2d Cir.1985).

Circumstances where inter-court injunctions under the All Writs Act are appropriate include

(1) enjoining state actions when necessary to prevent relitigation of an existing federal judgment; Id., see United States v. New York Telephone,434 U.S. 159, 172, 98 S.Ct. 364, 372, 54 L.Ed.2d 376 (1977);

(2) preventing a state court from interfering with a federal court's consideration or disposition of a case so "as to seriously impair the federal court's flexibility and authority to decide that case" Baldwin-United, supra, 770 F.2d at 335, quoting Atlantic Coast Line R.R. Co. v. Brotherhood of Locomotive Engineers,398 U.S. 281, 295, 90 S.Ct. 1739, 1747, 26 L.Ed.2d 234 (1970);

(3) enjoining a state court seeking to entertain an action over the same res; and in an in rem action, when the parallel state action will defeat the already attached jurisdiction of the federal court. Baldwin-United, supra, 770 F.2d at 336; see Kline v. Burke Construction Co.,260 U.S. 226, 230, 43 S.Ct. 79, 81, 67 L.Ed. 226 (1922); Cf. Vendo Co. v. Lektro-Vend Corp.,433 U.S. 623, 642, 97 S.Ct. 2881, 2893, 53 L.Ed.2d 1009 (1977);

(4) enjoining repeated, baseless, vexatious litigation by the same plaintiff in a federal court, Safir v. United States Lines, Inc,792 F.2d 19, 23-24 (2d Cir.1986); and

(5) in certain actions involving parallel actions in foreign courts, see Laker Airways v. Sabena, Belgian World Airways,731 F.2d 909, 926-34 (D.C.Cir.1984).

In addition to those general circumstances, under the All Writs Act courts may issue injunctions to enjoin other proceedings when the unique character of the litigation requires that relief be determined "flexibly." New York Telephone, supra, 434 U.S. at 173, 98 S.Ct. at 372. A federal court has the power "to issue commands under the All Writs Act as may be necessary or appropriate to effectuate and prevent the frustration of orders it has previously issued in the exercise of jurisdiction otherwise obtained." Id. at 174, 98 S.Ct. at 373.

The All Writs Act also grants courts the authority to bind non-parties to an action "when needed to preserve the Court's ability to reach or enforce its decision in a case over which it has proper jurisdiction." Baldwin-United, supra, 770 F.2d at 338; see New York Telephone, supra, 434 U.S. at 172, 98 S.Ct. at 372, cf. Vuitton et Fils

[ 728 F.Supp. 1044 ]

S.A. v. Carousel Handbags,592 F.2d 126, 129 n. 6 (2d Cir.1979) (discussion in dicta).
The existing authority on injunctions under the All Writs Act indicates that a federal court, under special circumstances, has the power to enjoin a parallel proceeding. In addition, a federal court may invoke the All Writs Act to bring before it parties whom it otherwise does not have personal jurisdiction over. The special circumstances of this IBT litigation warrant this Court's exercising its powers under the All Writs Act and enjoining the subordinate entities from litigating matters pertinent to the Consent Decree in any other forum.
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The All Writs Act can be utilized by the Federal Court upon proper application by the R.O. or the U.S.A.O. to prevent the NLRB, non parties, Bisceglie etc. from interfering with the mandates of the Consent Decree.

The NLRB is a quasi-legislative and quasi-judicial inferior department of the Executive Branch of Government under the United States Constitution. It is not a Court of Law; and it does not hold that the NLRB controls the subject matter jurisdiction relative to the issue concerning Amalgamated and the Dockbuilders.

It is up to the current Executive squad and the DC Attorneys, Trust Fund attorneys to admit into the record all pertinent issues, exhibits, empirical data and facts to preserve any & all appeal rights now at issue in this proceeding.