Full Mobility, OWL, Future Contract, 50-50

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Re: Full Mobility, OWL, Future Contract, 50-50

listman
Been watching him since his first days on cable access with great understanding as to what he says and have recieved hillarious joy from his episodes.

WHATS NEXT, WHATS NEXT, I'LL TELL YOU WHATS NEXT THE NYCDCC
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Re: Full Mobility, OWL, Future Contract, 50-50

listman
In reply to this post by tester
Ever see his NYPD t shirt ?
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
In reply to this post by Richard Chopp
pete Thomassen at 13, 16, 17 & 18

IF YOUR CAN'T SEE THE CONTRACT - YOU CAN'T "RATIFY & VOTE" ON IT! WHERE IS THE FULL DISCLOSURE & TRANPARENCY DENNIS?

13. With regard to the request system, we believed we had achieved a significant restriction of the system as it had existed under the prior agreements. Under our new agreement, contractors could no longer request workers who were not members of our District Council and all out of town carpenters on a job would have to be matched with a District Council member who could not be requested. We believed these changes would enhance job opportunities for our members and was responsive to their wishes. The Government's position, at page 10 of its memorandum of law in support of its motion, that we were acting against or contrary to the wishes of our membership is baseless and could not be further from the truth.

16. The District Council's commitment in June 2001 to restricting employer requests is further evidenced by our treatment of this issue with our independent contractors, in which contracts the right to request was eliminated.

17. Section 17 of our By-Laws provides that our Delegate body has the authority to consider and finally approve the contracts negotiated by our Executive Committee, at its July 11, 2001 meeting, our Executive-Secretary Treasurer, Michael Forde, Vice-President Eugene Maiello and I reported to
9

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the Delegate body on the results of the concluded negotiations. Copies of the new language changes were handed out and reviewed so the delegates could share the information with their respective members.

Following discussion, all of the officers' reports were approved and the contracts were thereby ratified. A copy of the minutes of the July 11, 2001, General Delegates Meeting are attached hereto as Exhibit D.

18. I am upset and distressed our committee, and me in particular, are being maligned by the Government for achieving these objectives. At its core, our request system proposal in 2001 was the same as the Government's today. As the only District Council representative to testify against the Government's motion to extend the term of Walter Mack as the Independent Investigator, I am constrained to conclude the Government has singled me out to send a message to other Union officials not to speak out in opposition to their positions on matters of importance to our organization.

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Re: Full Mobility, OWL, Future Contract, 50-50

Robert Kwiecinski
What good is a review officer if he doesn't enforce the labor laws. This is all part of the UBC corruption.  Walsh is truely a joke.
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
In reply to this post by Richard Chopp
When the OWL Rules were 50% - 50%, the United States Attorney had the foresight to state: ''Because contractors can handpick virtually 100 percent of the work force at a job site, carpenters are now beholden to contractors for job opportunities,'' Mr. Kelley wrote. (see N.Y. Times story below)

For this effort, Judge Charles Haight increased the Hiring Ratio to 67% - 33%, a mere 71-days before the indictments, August 5, 2009 pre-dawn arrests, subsequent plea deals, discovery, trials, convictions & sentencing - apparently as a reward for the continual malfeasance, fraud and patent corruption.

History does repeat itself; and, the words spoke by the U.S. Attorney Kelly were every bit as true then as they are today. Allowing the Contractors & their Associations to control 100% of all hiring in 2005 was the direct cause of the Criminal RICO charges. Allowing that same 100% control seven years later in 2012 is foolhardy.

Fast forward to May 26, 2011 and the UBCJA, under the fraudulent extension of the LMRDA Trusteeship ran to Federal Court with a former Judge & IRO, Kenneth Conboy on the pay-roll of the International along with the U.S.A.O. & R.O. putting forth a veiled threat, that Good Faith Bargaining would not take place unless the Contractor Associations & signatory NYCDCC Contractors were given 100% Full Mobility & 100% control of all hiring for New York City Carpenters.

It goes without saying that the integrity of the Federal Court and its authority are being directly challenged and threatened by the very International that was fully aware of Forde, Thomassen, Greaney and others corrupt practices.

50% - 50%, 67% - 33% & 100% control of all Hiring have all been tried, and each has failed miserably. The DC remains an "Exclusive Hiring Hall" for all job referrals.

The time has come to enforce the NLRB 14(b) Geographical Jurisdiction and property rights  which NYCDCC  rank & file members possess as a matter of right under Federal law. That inherent property right requires a 90% - 10% minimum hiring ratio for DC residents, before any Permits for out of town travelers are issued/granted.
___________________________________

NEW YORK TIMES

Job Rules of Carpenters' Union Encourage Corruption, U.S. Charges
By STEVEN GREENHOUSE

Published: September 15, 2005

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Federal prosecutors have asked a judge to hold New York City's carpenters' union in contempt for changing the union's job referral system without government approval, arguing that the changes will encourage more corruption.

The United States attorney in Manhattan, David N. Kelley, said in a motion that in changing the job referral system, the New York City District Council of Carpenters violated a consent decree it signed in 1994 in response to a federal effort to eliminate corruption. Prosecutors said the union was dominated by the Genovese crime family, and it was widely criticized for letting mob bosses pick carpenters to put up and take down displays at the Jacob K. Javits Convention Center. The consent decree requires the district council, which represents nearly 25,000 carpenters, to obtain federal approval before changing its job referral system.

In court papers made public this week, Mr. Kelley argued that the changes give construction contractors far more leeway to hire whichever carpenters they want, irrespective of length of unemployment. The old system generally required them first to hire the carpenters who had been unemployed the longest.

Prosecutors say corruption will be easier under the new system because contractors will have more power to pressure unemployed carpenters to do their bidding.

''Because contractors can handpick virtually 100 percent of the work force at a job site, carpenters are now beholden to contractors for job opportunities,'' Mr. Kelley wrote. ''Carpenters who are at the mercy of employers for job assignments know that if they stand up for the enforcement of union rules or legal requirements or refuse to work off the books or for cash when asked by a contractor, they run the risk of being laid off.''

Many contractors prefer paying workers off the books, he said, to avoid paying fringe benefits and to hide evidence that wages are below those required by the union contract.

Mr. Kelley filed the contempt motion last month with Judge Charles S. Haight Jr. of United States District Court in Manhattan, who oversees the consent decree. The government also wants the district council's president, Peter Thomassen, cited for contempt. The union has until October to file its response.


Gary Rothman, a lawyer for the council, defended the revamped system, saying it was part of a contract, signed in 2001, that is good for the city's carpenters.

''The employers wanted the ability to hire whom they want and when they want without restriction, and the union got a good deal out of it,'' Mr. Rothman said. ''They got a 25 3/4 percent increase over five years. That was a magnificent contract. The journeyman carpenter makes over $70 an hour with benefits.''

Mr. Rothman questioned why prosecutors filed their contempt motion four years after the contract was signed. He defended Mr. Thomassen, saying he was just one member of a 20-person negotiating team.

The United States attorney's office declined to elaborate on the motion.

Many rank-and-file carpenters say the current job referral system is unfair because it has left many of them unemployed for months at a time, while favored carpenters find steady work.

''This new job request system is horrible,'' said Gregory Butler, a Harlem resident who has been in the union for 13 years. ''It's among the worst things that ever happened to us. They can get guys who work for cash. They can get guys to work for less than the regular rate.''

Under union rules, companies must hire half of their carpenters from the union's out-of-work list. Before 2001 employers also had the right to give priority to unemployed workers who had worked for them in the previous six months.

But now employers can hire virtually anyone they want off the out-of-work list.
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Re: Full Mobility, OWL, Future Contract, 50-50

procity
CITY LOCAL UNION HIRES CITY PEOPLE FIRST  ALL THE REST COME SECOND  98% CITY 2 % OUT OF TOWNERS. EVERYONE GOES ON THE OUT OF WORK LIST OTHER WISE YOU GET PREVAILING WAGE NO UNION BENES.  
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
Now there's a conversation. I used 90%-10% as a minimum value, re: Foreman, General Foreman & Super's, all of whom should count as company men with the rest coming from the NYCDCC Hiring Hall as noted prior.

This should be brought up at the Town Hall meeting and at every Local Union meeting.
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
In reply to this post by Richard Chopp
SOURCE: 157 BLOGSPOT

Sunday, May 31, 2009
Judge Finds District Council in Contempt - Request System Abolished



NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, as follows:

1. The District Council and Peter Thomassen, its president, are adjudge and held in contempt of this court for violating the 1994 Consent Decree by bargaining away the job referral rules.

2. The current Request System, under which contractors have the unfettered right to "request" anyone they want from the out-of-work list, is abolished.

3. Allow the contractor to select particular carpenters for a job up to but not in excess of 67 percent of the total carpenter work force. That percentage is made up of the contractor's 50 percent under the 50/50 Rule, and an additional 17 percent, representing one-third of, and to count against, the Union's 50 percent. The remaining 33 percent of the carpenter work force will be assigned by the Union from the OWL.

4. Restore the six-month provision contained in Job Referral Rule 5(B), so that a contractor cannot request a carpenter and have that carpenter count against the Union's 50 percent unless that carpenter has been employed by that contractor during the previous six months. But under no circumstances may carpenters chosen under Rule 5(B) count against the 33 percent assigned by the Union directly from the OWL.

This resolution is fair and equitable because it recognizes contractors' economic and competitive concerns by allowing them to select most of the carpenter work force on any particular project, while restoring the Out-of-Work List as a meaningful source of employment for carpenters seeking work.


To read judge Haight's full order below.

District Council Remedy Order-1(2)

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Re: Full Mobility, OWL, Future Contract, 50-50

John Musumeci
Administrator
To Read Judge Haight's FINAL ORDER AND JUDGMENT OF CONTEMPT AND REMEDY...Click here.
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
Irrespective of the new DC By-Laws enacted 8-5-11, or the delelgate vote for the Wall & Ceiling contract, the DC must file a formal Motion to overturn Judge Haights ruling for 67% - 33%.

The DC or its by-laws do not over rule or supersede direct orders of the Court.

Voting upon it, whether by the rank & file or the council delegate body does not over-rule or supersede the Consent Decree, regardless of how the direct party's view it.

More particularly, non-parties such as the Wall & Ceiling Contractor Association in the instant matter, or the larger group of every Contractor Association under a CBA with the DC; none of them have any standing and they cannot therefore claim rights which are non-existant.

The RO Dennis Walsh should not be the silent author behind the DC's brief, rather, it must be the legitimate work product of current in-house legal counsel as well as outside counsel they may seek to consult or hire if they are to convince the government, the RO & the Court that the training wheels at the DC are ready to come off when the RO's terms expires 18-months down the road. The process has to begin now & the hand holding has to cease.
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
This post was updated on .
In reply to this post by Ted
Near three years have passed since the corrupt Wall, Ceiling & Carpentry contractor association issued a directed threat to the Court through the UBCJA International and former Federal Judge Kennth Conboy under a Trusteeship1 that if they were not granted 100% control of all hiring that they would refuse to negotiate for a new contract.

In and of itself, said threat is both facially unlawful notwithstanding the fact that it is a bonafide Unfair Labor Practice (ULP) and sustainable cause of action given known precedent. The United States Attorney's Office, the R.O. and the Court collectively ignored the labor law(s),precedent & decisions of the Board, Appellate Courts & the U.S. Supreme Court and took no action.

Trustee Joseph Oliveri representing the WC & C was a Genovese mob soldier subsequently convicted of perjury along with Forde, Greaney and half dozen corrupt shop stewards & rep's also failed to garner their attention or interest; and instead of the USAO & RO acting as the party with standing representing rank & file members interests as the Consent Decree and its waivers mandate; they again collectively took no action and have gone into court defending the corrupt actors/associations via granting them 100% Full Mobiliity.

In return, the WC & C and other corrupt Contractor Associations were granted carte blanche to violate known labor laws, Board, Appellate Court and U.S. Supreme Court precedent, provided the District Council accept the RO's demand for 100% Full Electronic Compliance in real time and all of this was accomplished without application or motion of the All Writs Act to waive such laws or precedent decisions by the DOJ's U.S. Attorney or the court appointed Review Officer. In a normal world, these actions, threats and failures would be cause to permanently revoke a few bar cards, but apparently in NYC corruption in the Union and within the Court system is the considered norm.

In the nine months since the Federal District Court and Judge Berman acquiesced to direct mob threats to take control of the NYCDCC and all of its hiring, neither the Benefit Trust Funds and/or the half dozen corrupt Contractor Associations or the District Council and any of their legal counsel can come up with documented and verifiable proof that 99% of all Benefit Trust Funds monies due with the man or womans pay-check were paid timely and thus not delinquent or in arrears. False claims of 99% compliance demand verifiable and demonstrable proof by the D.C. & Funds that its claims are true. The court documents, transcripts and record evidence suggest otherwise.

Collectively the corrupt entities above have violated every contract executed to date. The reports issued to the court and Judge Berman provide exactlly zero financial data. They refuse to provide the most basic detail such as:

*  The total Man-Hours worked under each Contract
*  The total Monies owed each respective Benefit Trust Fund
*  The total amount due (A/R) paid timely (with the man/woman's pay-check)
*  The total amounts delinquent (in arrears) for each individual contract or PLA Agreement

*  A standard Aging Schedule (30, 45, 60, 90, 180-days or defaulted payments or payment plans) for the monies owed under each respective contract and PLA Agreement (PLA's are separate contracts).

*  The total amounts paid out for legal fees, expenses for collection activities.

*  The total amount of Interest due the NYCDCC rank & file members under each respective contract or PLA Agreement due to Signatory Contractors violation of the terms & conditions of the unprecedented grant of 100% Full Mobility (control of all hiring, less shop stewards) by the Court.

*  The sum totals spent on the failed Standard Data Corporation failed software tablet program or the total costs spent on the subsequent lawsuits btwn. the DC, Funds & SDC.

*  The projected cost totals which shall be paid to Siegal to conform the hardware & software to the Court Order approving 100% Full Mobility and 100% Full Electronic Compliance in real time for the USAO, RO and Courts review.

The above items are very basic questions which require immediate answers and to date, the District Council, its Officers & Agents, the Benefit Trust Fund Trustees or the Contractor Associations and their respective legal counsel have not posed any plausible or reasonable answers.

Instead, the rank & file and the court are left with second grade level reports with nothing but excuses for its inept and incompetent performance to date; thus, the contracts executed to date have been violated warranting contempt charges given the known propensity of the Wall, Ceiling & Carpentry contractors amongst others to use 1099 independent contractors, cash workers and/or illegal aliens in lieu of known members of the NYCDCC.

This blatant failure and disregard for law and order can only lead the D.C. right back to where it was prior to the August 5, 2009 indictments, early morning raids and perp walks and the subsequent trials and convictions for criminal (RICO) racketeering.

Accordingly, after 20+ years under the Consent Decree, the inherent authority of the court seems to have been lost to a D.C. & its contractor associations who remain hell bent on continued corruption. The D.C. is in it's 24th year of failed supervision with no end in sight, notwithstanding recent claims to the contrary in Federal Court.

According to the false claims of the D.C. 99% of all benfits due were paid timely. The D.C., Funds and Contractors do not get a free 90-day (one quarter) or more float to delay payments owed. The members and their Benefit Trust Funds are not Bank or in business to make interest free loans.

A simple premise here would be in order given the extended duration of this case - prove it via a forensic audit of each respctive contract and/or PLA. Late Payments or unpaid Benefit Trust Fund payments effect the performance of the funds in the near & far term.2

________________
response to Restructuring Plan 6-29-11, submitted 7-1-11
1
On May 26, 2011, 10-days after pro-se Movants filed the motion for relief, the UBCJA International and the NYCDCC published a 138-page Restructuring Plan, wherein their new position to avoid compliance with the Court Order dated May 26, 2009 regarding the 67% - 33% mandate for hiring from the OWL would be replaced by the UBCJA & the Wall & Ceiling Association simply eliminating the 50-50 Rule and the 67%-33% May 26, 2009 Court Order altogether.
This “position” does not make law. Moreover, said position is an express violation of the Consent Decree and the Court Order and is a Unilateral Change to both the Collective Bargaining Agreement and the Consent Decree, as per NLRB v. Katz, 369 US 736 (1962); and, as such is a prima-facie vio-lation of NLRA Sec. 8(a)(5).
The UBC statements regarding establishment of a Labor-Management Corporation are patently false, as one already exists, and members are already taxed and assessed for these services.
Moreover, their commentary that “and Wall & Ceiling and other employers’ willingness to participate may well hinge on the elimination of the so-called 50-50 rule” (Latham & Watkins letter at pg. 5) have no basis in fact or law. It is what they stated in their March 16, 2011 letter, nothing more than a “position”.
Painting it as a critical issue with the notation that UBC General President Douglas McCarron will seek a meeting with Review Officer Dennis Walsh and Assistant United States Attorney Benjamin Torrance within the next ten days to do so”, lends no more credence to their position.  Ref: UBC at 5, Latham & Watkins 5-26-11 letter.


2
Pending the amount of money in an individual members self directed Annuity account and the risk level(s) chosen, said individuals lifetime benefit over a 40-year working career could be impacted by hundreds of thousands of dollars or more were the 45-60 & 90 day premise of paying late as the norm being proffered by parties accepted. The D.C & Funds and their investment fund advisors should be ordered to submit future value (FV) calculations for varying amounts and interest levels (beginning balance) and various durations (20, 30, 40 year performance) to demonstrate the effect of payments delayed by one quarter or more.
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
In reply to this post by Ted
Ross - see the Mar. 11, 2012 post (3:08) pm along with the NY Times Article by STEVEN GREENHOUSE.

Your letter is the classic example of the misrepresentation made to the court and Judge Berman by the UBCJA International, the Review Officer and the District Council wherein they turn over all hiring, less stewards to the corrupt Contractor Associations thereby permanently displacing 4,500-5,300 Dues Paying members by the collective failure to abide by Federal law and settled precedent on the Duty of Fair Representation.

The fact is, those using the OWL were written off as collateral damage so the UBCJA & McCarron's 2nd Restructuring Plan & Walsh's grand experiment for 100% Full Mobility for 100% Electronic Compliance could be tried out in NYC notwithstanding the fact that NY State is not a "Right to Work" state in violation of NLRA Sec. 14(b) amongst many other violations of federal labor law(s) and long settled court precedent.

The DOJ's USAO is notoriously slow and inept. It's a government job, so what's the rush- irrespective of the fact that you & yours are being starved out and replaced by Travelers, 1099's, Cash Workers and Illegal Aliens.

Prior to the Forde, Greaney and Wall & Celing Trustee Oliveri's indictments and subsequent arrest; the U.S. Attorney took 4-years to file contempt charges for contract (CBA) violations as noted in the article below.

Good luck on the exam and hope you gain a steady gig that a man can raise a family on - a principle that Walsh and the UBCJA or the DC's alleged Organizing Department could give a damn about. The government in tandem with the UBCJA International, the Review Officer(s) and the Court have run the D.C. for 20-years and bare in their hands the responsibility for fostering rather than ending the corruption with this recent experiment and it's obvious failure being but a recent chapter in its failed history.

Of course they will cry foul, state man-hours are down and that all is well. Ever heard that line before? This is no different than the Blue Card Vacation Wage Extortion scam for which they still illegally assess you and charge a portion of said collections for more Organizing to sign up ever more members that the D.C. simply will never be able to support with a full time pay-check or 2,000 man-hours per year.

Currently, at 18 Million per Year, the D.C. can support 9k men. That's it - no more, no less. It cannot sustain 13,500-17,500 active Working Carpenters and maintain all the promises of a good Union Wage and a great Benefit program for you or your family. Its the classic bait & switch.

After that, it's distract the member with 'shiny objects' to cover their ineptitude. 
Hey, hours are down, it's the economny stupid, we need more Organizing & what do you know another internal Union Election or Politicians election campaign to keep you paying your Dues to support their exhorbitant salaries, double pensions and perks and when all that bullshit fails, they falsely claim you are apathetic and irrespnsible.

And to get that 3-weeks employment per year as an OWL disenfranchisee, you must attend 12-Union Meetings, EST & RO Forums, Court Conferences and become a jail-house lawyer simply to keep up with the b.s.

Pass the exam, get the gig & if vested, Run Forrest Run and don't look back.

_____________________________
re-post of: Revisiting rules of the OWL by Ross March 18, 2014 @ 8:34 pm 

I was recently sent out to a job, my third referral, and when I spoke to the boss on the job I was told it was going to be over the next day. The company had told the list that they only needed a carpenter for two days, and the list said "no problem" and I was dispatched. The boss saw my distress and was a tiny bit apologetic. Apparently he didn't actually feel all that bad because the next day, my final day, they requested two more unlucky carpenters, this time for one day of work....

Okay. Yes. I'm calling my contacts and shaping and trying to get my own work. But with the massive structural change to the OWL that we now have as a result of full mobility...this just strikes me as a bit unethical. This strikes me as something that we need to really take another look at. How can it be that the union now throws workers out on single day jobs like so much toilet paper. The union was created and fought for by workers, for the improvement of worker's lives. Now we have a system that effectively says to the carpenter, "You're out of referrals? Suck it up and shape". Not that there isn't a place for shaping, networking and creating your own opportunities, but I think this system needs to be rebalanced. A carpenter is trying to make a living. The message he receives is...now you're on the bottom of a 4500 name list, but if you seek any work thats non-union to feed your kids....you're out! Why didn't you save up some money from your three referrals that we got you.....hey we got you three weeks of work this year! Why are you complaining?? Why didn't you save it? Go to the bottom of the list and screw off.

So I guess the union is kind of trying to force people to leave now. Is that an intended consequence or an unintended one? Personally, I'm not leaving. I've taken the carpenter civil service test, I'm attending classes, I'm making calls, I will take care of my own. I'm just saying....

I think it would  be wise and compassionate and "union-like" in the best sense of the phrase to reconsider the OWL rules. How can you call a job a strike against your referrals when its not even for a week? If someone gets lucky and scores an 18 month gig, how can it be right to give him or her two more referrals when the list is full of carpenters dying for scraps?

Why would a grown up, mature, adult system be formulated to send the message....too bad, Jack, luck of the draw, you must not be any good.....Its not a good enough answer, "luck of the draw". Its not a grown up answer. Its not a smart answer. We can and must do better.

We need to revisit this. Any thoughts?
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Re: Full Mobility, OWL, Future Contract, 50-50

TomMcGuire
In reply to this post by Pete
Pete, the problem with requests by name is that the contractor will invariably ask for those members whom they know to already have played ball with them. They are asking, in most cases, for those members who take cash, don't call in jobs and in general disregard the CBA the companys are trying to get around. The companies violate their obligation to the worker every day. If they don't want to be Union and adhere to a CBA, they shouldn't sign.         Ted, for at least three years now the UBC and the associations have colluded to push the NYS legislature and AG ignore the fact that we are not a rtw state. They are pushing to see how much they can get away with in this regard, and I think if they can get away with it another two yrs, or if they can unseat Cuomo, who would veto a change to rtw in NYS if presented to him, they will have won. It will be argued by then in every court in the state that they are working under a de facto rtw climate already, with standing agreement from the unions as per the signed cba's/                                                                                     .
Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
"It will be argued by then in every court in the state that they are working under a de facto rtw climate already, with standing agreement from the unions as per the signed cba's/"

____________________

Tom; exactly and, as per the signed cba's to which I would add "Project Labor Agreements, or PLA's" which McCarron, Spencer & Ballantyne executed 130+- of them under the illegally extended Trusteeship and Bilello-Lebo & Cavanaugh and subsequently McGinnis executed a dozen more +-.

In addition to the CBA's, PLA's do several things:

1)   They negate your guaranteed rights under the NLRA Preamble and Section 7 for you to choose your representative (one man, one vote) to negotiate wages, hours, terms & conditions of employment and substitute it instead with court ordered by-laws drafted by non-union attorneys (who have no rights under the Act (the NLRA) and who have usurped all law & precedent without application or formal motion of the All Writs Act which eliminated your Local Union, its Officers, salaried positions and individual by-laws and all its assets and turned it over to the District Council under a reformist agenda not in accord with known law.

The Consent Decree which remains a private contract does not afford the government, the UBCJA International or the Court with the unfettered right to negate, alter or amend Federal law unless the All Writs Application has been made, submitted and briefed. To date the USAO, RO or the UBCJA International has made such application to the court.

2)   They negate any & all contract language for terms & conditions of employment and work rules fought for over years of negotiation and substitute public & private corporate developer interests over & above your rights as a Union man or woman.

3)   They negate Green Book settlements for jurisdictional issues and concerns also long fought for and cause the men & woman to lose man-hours to other Unions claiming work in our crafts and accept lower wage & benefit rates which confer a form of a kick-back to said developers and public & private owners.

* kick-backs via wage & benefit reductions are in the billions over the life of the 165+- PLA's given away to date, thus, in total given the 100% Full Mobility for 100% Electronic Compliance scam - every right formerly held under the NLRA has been eviscerated and shredded beyond recognition.

4)   They unilaterally and without exception eliminate the 'right to strike' and instead substitute mandatory and often fixed (rigged) forced arbitration. The classic case in point being the MWA abortion which Bilello allowed and the subsequent 10-year multi-tiered wage structure executed in direct contravention to the venerable an oft used (when it suits him) UBCJA Constitution prohibiting both the grading of wages or such long term contracts, which has been declared facially unlawful w/o exception. Hey, that never stops McCarron as he'll just buy off another board attorney or corrupt judge.

Meanwhile back at the ranch, EST Geiger is apparently going to allow the D.C. to be represented by another former judge, albeit one who admittedly has no experience in labor law or who is not well versed on the entire docket in this case and argue for whom?

It's comical.
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Re: Full Mobility, OWL, Future Contract, 50-50

Ross
In reply to this post by Ted
Thanks for noting my post in this thread,Ted, thanks for the information, and thanks for the good wishes. I did really well on the civil service test, thanks.

Having just had had my third referral from the OWL totally shot and blown to useless smithereens with a B.S. 2 day referral, I'm a little raw. When this happens to a carpenter, its a serious issue for them. I really felt bad for one of the other carpenters on my last referral...at least I got two days...he was done for the year in March with a one day referral...hey, maybe he will shape something up. This is a serious issue, thats what gets to me...the nonchalance...lifelong dues paying, experienced carpenters thrown overboard. Now we basically just send out job stewards...Maybe thats not the case, but it looks like it from where I stand these days.

Tonight I'm starting to think about the political force within the union that 5000 carpenters on the OWL could be, considering that the last EST was elected with about 3 thousand votes...I think its time to get organized.

Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
Ross - below is an excerpt from the member response (dated 6-29-11 submitted 7-1-11 to the RO & Court) to the 138 page UBCJA International Restructuring Plan dated 5-26-11 at pages 71-73/150. Talk about race baiting, intentional, open & hostile discrimination, read on as you cannot make this stuff up.

After 9-months of phony Electronic Compliance Reporting, the need for Judge Berman to compel (demand) an audit of every Benefit Trust Fund under every executed contract (CBA) or PLA Agreement is patently obvious to those suffering the intentional or willful/wanton discrimination and abuse and forced to over-utilize Unemployment Insurance and State or Federal programs for Housing, Food, Gas, Electric etc..

Under the 3-Referral Rule promulgated by the R.O., UBCJA International and District Council given their want of any form of cooperation to comply with the real time mandate for full payment & submission of Benefit Trust Fund monies due & payable with the members pay-check for the 100% Full Mobility for 100% Full Electronic Compliance quid pro quo; the D.C., Funds and corrupt Contractor Associations have not kept their end of the bargain, and are in fact directly violating the contract(s) & PLA's.

So, there is the money side and the funds lost to failed accounting, collection and reporting obligations notwithstanding legal fees, expenses and interest, but more importantly there is the human loss to members, their wives/husbands and their children due to the arbitrary, capricious and intentional discrimination forced upon them.
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EXCERPT pg. 71-73/150

The United Brotherhood of Carpenters & Joiners of America (UBCJA) International union, its General President Douglas J. McCarron and their counsel of record, Latham and Watkins, LLP have put the Lebovitz decision and the Mobility issue square on the table, via their incorporation of the National Restructuring Plan into the May 26, 2011 NYCDCC Restructuring Plan, Exhibit “D”, Page 131, which stated:

Re: UBCJA (undated) 8-page “Memorandum” by Phil Newkirk, Chief of Staff, page 131-138 at 5, “The proposed LU [Local Union] restructuring for the for the above referenced  LU’S [Local Unions] is based on the premise that, while Local Unions play an integral role in the structure of the UBC, there exists an unnecessary number of LU’s that are holdovers from a previous construction era. During that earlier era, LU’s were structured in a way that was consistent with the provincial attitudes of the members residing in many ethnic neighborhoods throughout New York City. Additionally, in that era construction was largely localized and contractors rarely traveled outside of the boroughs they resided in, with many contractors not traveling beyond a limited number of neighborhoods within the borough.”

“However, in today’s construction market, Union contractors are increasingly mobile, chasing work across borough, city and state borders. They employ Union Carpenters who may be members of a LU within a given borough, but are quite possibly residents of an entirely different borough or city. Given the mobility of today’s industry and workforce, it is not necessary to have numerous Carpenter LU’s [Local Unions] scattered throughout New York City. That simply results in unnecessary duplication of administrative resources and costs, resources that could be better directed towards organizing and work growth.”

Movants note that the “holdovers from a previous construction era” and the “provincial attitudes of members residing in many ethnic neighborhoods of New York City” lines are just that. There isn’t any factual basis for these lies, but they must tell a story to avoid the obvious – that being, following the law. NYC is the largest and most racially diverse cities in the nation, and Newkirks statements appear racist and discriminatory, as neither have anything to do with the Mobility issue with the exception of creating a diversion to the Court to cloud the real issue, the UBC’S patent attempt to end run labor laws and avoid motion practice on same.

The fact is, the UBCJA Signatory General Contractors & Subcontractors have always worked across city, borough, county & state borders and have done so since the advent of the automobile, and prior to that as well. The UBCJA signatories noted above, although all are contractually bound to work Union, bound to pay the contracted wage and benefit rates, abide by Davis-Bacon regulations, prevailing wage laws, certified payroll requirements etc., said signatories also like to run afoul of the Union Contract and devise “double breasted and alter-ego corporation” so they can avoid paying the prevailing Union Contract Wage and Benefit scale; and, to substitute it with that of the Non-Union Associated Building and Contractor wage rates.

To get around this, and to end run the labor laws in Union States, large cities such as New York – and to afford themselves with the opportunity to skirt and avoid NRLA Sec. 14(b), the UBCJA devised the “Mobility Scheme” as the primary vehicle to bring in out of state travelers and pay them their lower wage rates when said workers came from an adjoining Union State and Regional or District Council; and to pay the Non-Union wage scale whenever they can get away with it.

The real predicate behind the Mobility Scheme is furthered by the introduction of the non-union worker, the 1099 independent contractor category and predominately of the illegal alien & undocumented work force, all of whom work for cash without any benefits. As NYCDCC and this Court well know, the Mobility clause in Union Collective Bargaining Agreements (CBA’s) is the primary magnet leading directly to the fraud in the first instance.

The fraud costs honest UBC Local Union members their jobs and robs them of their livelihood, property and ability to build and sustain wealth and costs taxpayers hundreds of millions of dollars throughout the State of New York.


UBCJA Local Unions are sized proportionally to the dollar volume of work which a given Local Union in a defined Geographical Jurisdiction produces on a historical basis. Local union members who live, work, shop, own homes and who pay property taxes are effectively locked out of work when they are replaced with these “travelers”. When Local Union workers are not on the Projects in their jurisdictional areas, and where the predominant body of the work force is made up of a core group of travelers and illegal aliens/undocumented workers & employees, working for cash and without benefits, who are without any vested interest in the area where the project is located, and when no one is watching – the fraud & corruption only accelerates. The signatory Contractors encourage it, as was demonstrated within all of the testimony relevant to the August 5, 2009 indictments (Forde, Greaney & others)

The last line of defense, is the District Council assigned Certified Shop Steward, yet, as has just been proven, when he or she is the lone wolf on the job, the same Contractors who are defrauding the Benefit Funds and who fail to pay Workers Compensation, Unemployment Insurance, State & Federal Taxes, Social Security & Medicare/Medicaid etc, defraud the Local Union rank & file member, unduly increase the amount of time said members spend on the so called Out of Work List (OWL) an further induce Unemployment Insurance fraud by forcing the State & Federal Government to pay claims to Local Union members who would otherwise be working, paying all of the aforementioned taxes and insurance and who would therein not be a drain on these critical systems.

Mobility is a power grab, which by design enriches and lines the pockets of corrupt Union & Contractor Association employers who maintain their mob connections. The UBCJA does not have clean hands in these matters, as it is their direct policies and violations of the laws which directly caused the fraud.

When you eliminate the Local Unions and consolidate them to the point of creating mega-locals, the specific intent is to increase the power for those at the top and to create a vacuum of eyes, ears and voices at the bottom; and negate and eviscerate the NLRA & LMRDA which the United States Congress via legislation created.

The primary aim herein is to silence those who oppose the UBCJA International taking on the role of Congress and effectively vetoing the NLRA in its entirety and, by coercion, fraud and intimidation, under the threat & fear of economic reprisal (banishment to the OWL).

 The UBCJA Internationals Mobility scheme serves as an effective veto over the legislative branch or Congressional authority to author, write, pass or amend laws. The UBCJA cannot usurp what is clearly Congress’s, nor can it substitute its scheme under the false claim of an economic emergency or crisis, nor can the NLRB.

The commentary regarding putting the resources into Organizing is pure fiction. The Organizing Department is a make work program for UBCJA appointed yes men, who are appointed “pro-tem to avoid Union Elections required under the NLRA & LMRDA”; and who are clearly overpaid and who have proven time & again that their enormous wage and benefit packages, serve no other than themselves, and produced no tangible results which the UBCJA or NYCDCC could hang their hat on in a Court of law.

The money that is expended goes to buying blow up rats, making signs, meaningless banner campaigns, leafleting & picketing activities and building signs for politicians every election cycle. Toss in a few hats and T-Shirts and that’s pretty much it. The irony is in the fact that the Council will expend member’s monies chasing down small wage claims for the non-union, 1099 & illegal alien workers. It amounts to a dog & pony show to feign compliance with the law and to cover their tails – and they just make sure to focus on a project where they were not involved in any shakedowns or kickback schemes.
The end of this myth fails here – with 25k men and a 16-Million man-hour’s per year in the current economy (hours are going up, not down), were the UBCJA to sign every Non-Union Contractor and an additional 25k non-union men tomorrow, the base market would still have the same total man-hours, yet the NYCDCC would now have 50k men to employ. The latest figures rounded, depict an approximate yearly average of 1,153 man-hours per man, per year. With 50k members and the same 16-Million man-hours of work from the Union side and were the Non-Union element to add 5-Million man-hours to that total, as an approximation of their capacity in the New York market, the average man-hour total would go down, not up. Longtime rank & file union carpenters know full well that the Organizing Department produces no quantifiable or tangible results. They act only as a respite for appointed  pro-tem yes man who the UBCJA International will ensure become delegates and who will be beholden to the McCarron slate as a paid “at will” Council employee, as their job depends on that vote.
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Re: Full Mobility, OWL, Future Contract, 50-50

in town
maybe what us guys on the o w l need to do is picket union jobs and demand they hire us instead of their company guys and jersey guys and long island guys and the rest of the out of towners

Ted
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Re: Full Mobility, OWL, Future Contract, 50-50

Ted
In reply to this post by Ted
 see this post above:

Re: Full Mobility, OWL, Future Contract, 50-50; Mar 19, 2014; 9:20am

This is one of many Forensic Audits Federal District Court Judge Richard M. Berman shall be seeking from the incompetent D.C counsel of Murphy & ex judge Jones. Time to pony up what you already owe the Court but to date have avoided submitting.

Time for Judge Berman to issue immediate sanctions against counsel for the DC's refusal to abide by his previous orders.

Said sanctions must also include Ray McGuire representing the Benefit Trust Funds' the question(s) being posed by a true outside independent Forensic Audit shall be -- exactly who are the Benefit Trust Funds benefiting; and why are the funds being off-shored by the UBCJA International & alleged Trustees under his direct control and why are the dozens of over-paid investment fund advisors / fiduciaries allowing this to occur while ignoring their duties to invest monies which inure to the direct benefit of fund participants verses multi-national or international corporations?
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