Let's create a monthly wage report

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Let's create a monthly wage report

Ross
I think it would be good for clear thinking about our issues if we create a monthly wage report that the members can look at. I think that this should be easier than ever, now, with our new digitalized job-site record keeping. I'm interested in facts, in data, in reality. In a previous post I asked the question, what are we really achieving if we give 100 carpenters a 2 dollar raise but we also give 98 carpenters a 5 dollar pay cut? Well, I think we should be able to do better than rhetorical questions on this issue.

I have asked my delegates to bring this up at the delegate meeting. What is the average rate of pay that we estimate a carpenter will actually get? I think to some people this sounds like rocket science, but I don't think the math is too hard. I think it shouldn't be that hard to come up with a prediction of average hourly wages for a carpenter, figuring in our pay rates and the number of PLA's and hardship cases...

If prediction seems too mind-boggling, how about monthly reports? How many hours did we work? How much pay was paid? Divide pay by hours. Whats our monthly score? What was the average hourly rate for a working carpenter?

I would like to be able to think clearly about this issue of PLA's and hardship cases when I hear assertions about our great new raises. Maybe the numbers aren't too bad....or maybe we're being had. What are the numbers?

There are a lot of data points that I think we should know and understand as we think about our decisions going forward...or backward....

What percentage of carpenters work full time? What percentage make the full rate? What percentage hasn't worked for 3 months, 6 months, 9 months, a year?

What data would you like to understand better? What would help you in thinking about the big picture? Should you ask you delegates to make this happen?

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Re: Let's create a monthly wage report

THE FIX IS IN AGAIN
As you know Ross information produces data. W/out the preceding being readily released, as if the DC is still operating in secrecy mode they can't possibly allow the ordinary member the oportuniyty to rebuke or approve whatever is going on inside 395. But that we realize what in all actuality this is a corporate takeover of a national labor organization there is a sense that the data is only for the exec's to know and for the remainder of the membership, move along there's nothing to see here.  The more time we spend trying to get info to work from, you can guess they know we have less time & less info in our laps to work with.

Your breakdown seems more than plausible. But remember your asking delegates, of which only a minority are pertaining themselves to member representation and the free flow & exchange ofsaid info.that creates data.
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Re: Let's create a monthly wage report

Ross
Good comments, FIX. I bring this up now, before elections.... This is our information. What kind of delegate should we vote for? Should more open data be one of the things we concern ourselves with when we consider voting someone in as our delegate? I think so. I'd like a monthly wage report from my delegate at our monthly local meeting. Will you, as my delegate, make sure that this happens? ETC.

Does anyone else like this idea?
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Re: Let's create a monthly wage report

Robert Kwiecinski
ROSS YOUR TIME IS BETTER SPENT PUSHING MEMBERSHIP RATIFICATION OF ALL BUSINESS AFFECTING THE MEMBERSHIPS LIVELYHOOD. DON'T WORRY ABOUT DELEGATES DOING YOUR BIDDING. THE DELEGATE SYSTEM IS A CORRUPT ONE, PUSHED BY MCCARON. BEFORE MCCARON BECAME GENERAL PRESIDENT ALL DECISIONS WERE MADE BY THE MEMBERSHIP. THE DELEGATES WERE THERE JUST TO BRING NEWS FROM THE COUNCIL TO THE MEMBERS. THE DELEGATES HAD NO UNILATERAL VOTING POWER FOR THEIR CONSTITUANTS AND WERE NOT ALLOWED BY THE  MEMBERSHIP TO VOTE FOR ANYTHING. THE DELEGATES ARE SUPPOSED TO BE JUST LIASONS OF INFORMATION. MEMBERSHIP RATIFICATION IS THE ONLY WAY FOR THE MEMBERS TO KEEP THE RACKETEERS FROM STEALING WHAT IS RIGHTFULLY THEIRS.
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Re: Let's create a monthly wage report

Ross
THANKS FOR YOUR FEEDBACK ROBERT. I THINK I CAN AFFORD TO PUSH BACK ON MORE THAN ONE FRONT AT A TIME AND I THINK THIS IS IMPORTANT.

Anyone else?
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Re: Let's create a monthly wage report

Robert Kwiecinski
ROSS THE DELEGATES VOTING ON BEHALF OF THE MEMBERSHIP IS A CORRUPT ONE. IT IS THE MOST IMPORTANT ISSUE THERE IS. DO NOT WASTE YOUR TIME ON OTHER MEANINGLESS THINGS. WHAT YOUR FOCUS SHOULD BE IS THAT OF GETTING MEMBERSHIP CONTROL OF YOUR UNION BACK. AND THE ONLY WAY IS TO HAVE DIRECT ONE MEMBER ONE VOTE RATIFICATION ON ALL ISSUES. DO NOT BE NIEVE
Ted
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Re: Let's create a monthly wage report

Ted
In reply to this post by Ross
Ross - this is the ORIGINAL Word version (150-pg) response to the Restructuring Plan which we demanded be published by the UBCJA & L & W via the H v. C motion filed prior. The submission to the Court is in PDF and went in via Fed-Ex by John Musumeci.

This is pg. 1-11 excerpt. The UBCJA & all DC's don't have the mental acuity to consider tracking the information that I requested here, or - what you know request through this blog. If they did, they wouldn't have a clue how to use it, except to lie or spin factual details. The Benefit Trust funds would have the best breakdown of man-hours within current & archived record data, but that is only relevant toward tracking man-hours for your retirement, vesting etc. In any event, for all info they do have in their posession, they shall claim confidentiality and they won't relaease it to you.

You will have to do it another way as was shown here. Remember, there is more than one way to skin a cat, or a California Carpetbagger.

_______________________________________
June 29, 2011
                                                 
Honorable Richard M. Berman                                                                                                        United States District Judge                                                                                                                   United States District Court (SDNY)                                                                                                Daniel Patrick Moynihan United States Courthouse                                                                                   500 Pearl Street, Courtroom 21B                                                                                                        New York, NY 10007                                                                        

Re: United States v. District Council of New York and Vicinity of the United Brotherhood of  Carpenters & Joiners of America, et al; (Index No. 90 Civ. 5722) (RMB)

Dear Judge Berman:

This letter is in response to the May 26, 2011 United Brotherhood of Carpenters & Joiners of America, (UBCJA) International Union and the New York City District Council of Carpenters (NYCDCC) and Latham and Watkins proposed Restructuring Plan for the NYCDCC, while its Local Union autonomy has been suspended under a temporary Trusteeship imposed under the LMRDA.

Per the Court Conference of June 28, 2011, we are submitting this to you as we requested and as you have approved.

It is our purpose and intent to clearly identify specific instances of violations of Federal Laws relative to the contract (CBA) and within the Restructuring Plan which do not eliminate the fraud or corruption, or serve to restore the democratic function & purposes of the Consent Decree and the NLRA.

As your honor is aware, the Attorneys representing United Brotherhood of Carpenters rank & file member legal interests in this matter, the United States Attorney’s Office and the Independent Review Officer, both have an enormous task ahead of them in deciphering the entire 21-year history of this RICO action.

Together and with the input of rank & file Union Carpenters through RO Walsh’s Advisory Committee, they must strike and sever any and all illegal Contract language, UBCJA Constitution & NYCDCC By-Law illegal language; and Pension, Annuity, Health & Welfare and Apprentice Trust Fund language known to violate the NLRA and LMRDA. The savings and severability clause language, which add nothing, have allowed the illegal language to remain, and ever more illegal language to be added to the contracts over the duration of the Consent Decree and particularly within the past 16-years – during the tenure of the UBC’s International General President.

The items addressed above further require vetting for conformance to ERISA, EBSA, SEC regulations and Internal Revenue Code laws and statutes. This is a serious undertaking, which cannot be rushed or forced through, in a mere 30-day timeframe as the UBCJA International are attempting at this juncture of these proceedings, or, within the 10-days requested at the Court conference on June 28th.


The UBCJA & NYCDCC “RESTRUCTURING PLAN” dated May 26, 2011, in that it has been put forth as fully complying with the Consent Decree, without proper vetting, review and implementation of the veto pen, is being rushed through by the UBCJA attorneys, who know full well that it does not comply with the Consent Decree or the laws cited.
Their acceleration of the Restructuring Plan should be viewed with skeptical eyes, as it evinces their desire to see what they can get away with before this honorable Court.
We ask that you review this letter, the issues presented within in and the cases cited before approving any portion of their request.
Sincerely,

John Musumeci
William T. Doherty

Cc: file
Where citation to case-law is lengthy, bolded or underlined – it is for member benefit (context).






UBCJA INTERNATIONAL RESTRUCTURING & BY-LAW PLAN dated May 26, 2011

With regard to the Latham & Watkins letter, at page-1, paragraph 2:
Sentence one, right out of the gate – the UBCJA International and their counsel of record which the rank & file members pay for directly, start with a 40-page Lexis-Nexis report from the University of California, Boalt Hall Journal of Criminal Law.

Said report is a firm reminder of past and present crimes. Judge Conboy states: “Although these efforts have successfully broken the cycle of murders, beatings, disappearances, and violence that plagued the District Council before the imposition of the Consent Decree, they have not yet been able to stamp out corruption, racketeering and Benefit Fund abuses.” The members & your honor should note the ‘emphasis’ on murder – as the first reminder of what can and does occur; and, that there is an intent here, duly imparted to the UBC rank & file members conscious mind which stands contrary to the fraudulent claims of apathy made by the IRO.

With regard to the Latham & Watkins letter, at page-1, paragraph 3;
Judge Conboy stated: “More recently, while these anti-corruption efforts have been ongoing, the District Council and the UBC have also been fighting to preserve the economic viability of the Carpenters’ franchise in New York. Not only has the Union been challenged by the national economic crisis (a third of the active membership is out of work and many of the remainder are working only sporadically), but it is also under attack by both non-union labor (including undocumented workers) and rival unions.”  http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=295&invol=495
With regard to the Latham & Watkins letter, at page-2, paragraph 2, sentence 2:
Judge Conboy stated: “The economic downturn has greatly reduced the number of construction projects, with the New York City market decreasing 22% between 2006 and 2009. With fewer construction projects, the total number of hours worked by Union carpenters decreased from 17.2 million to 14.4 million”.

This statement regarding the Total Man-Hours reported to the Benefit Funds is in direct contravention to the Second Report of the IRO, dated_____ which declared the Political Contribution Assessment of  5-cents an hour to be $1,155,132 for  FY 2007, $1,055,129 for FY 2008 and $882,045 for FY 2009.

Predicated on the Nickel an Hour Political Department assessment for the years 07-09, Total Man-Hours (M/H) are as follows, FY-2007 23,102,640 M/H, FY 2008 21,102,580 M/H and FY 2009 17,640,900 M/H.

Fiscal year 2007 recorded 23.1 Million man-hours verses the 17.2 Million man-hours reported to the Court by Latham & Watkins, equating to a 5.9 Million man-hour, or 34.30% differential.

Fiscal year 2009 recorded 17.6 Million man-hours verses the 14.2 Million man-hours reported to the Court by Latham & Watkins, equating to a 3.4 Million man-hour, or 23.94% differential.

Here alone, for the two Fiscal Year noted above, Latham & Watkins, LLP has reported to the Court 9.3 Million man-hours less than what was actually recorded to bolster the UBCJA’s “position” for a National & NYCDCC Economic Crisis; and, accordingly – since the figures are suspect, they should be granted no weight by this Court.

The differing figures are being used by the UBCJA International to justify their bogus claim of a National Economic Crisis so critical to the NYCDCC that they would request that this Court approve a 100% Full Mobility requirement for the entire Territorial Jurisdiction of the New York City District Council of Carpenters and the creation of an Interior Systems Local Union, that it warrants suspension of the NLRA & LMRDA laws and that the UBCJA International be allowed to subsume a role guaranteed only the Congress of the Unites States of America, that being  - the authority of the Legislative Branch of government to author/write, vote, enact and amend Federal Law.

Moreover, Latham & Watkins and the UBCJA International Union have intentionally skewed these figures to present false and misleading data to the Court and this so called National Economic Crisis is being furthered by the Building Trades and Employers Association (BTEA) via a bogus 26-point plan and Subway Campaign, replete with advertising to falsely persuade the Public, the Politicians and the Courts that NYCDCC Union Carpenters wage and benefit packages are too high and unsustainable.

FY 2010 man-hour data is not yet published. However, predicated on the recorded and paid Man-Hours using the 15,294 active member figure from 10/31/10 and an average Hourly wage for rounding purposes of $43.00 per M/H for the Carpenter Journeyman package (as a base estimate) and utilizing the FY 2009 M/H Total of 17,640,900 total M/H's:

On average the rank & file journeyman Carpenter would gross 1,153 M/H x $43 = $49,579.00 per year.
 At an average of 35% with-holding < $17,353>, net take home pay = $32,226 before the rank & file worker files a short or long form itemized tax return. That translates to $619.73 per week net pay, hardly enough to live in NYC.....BTEA wants to reduce this by 20-25%and honestly believes that people living in or around NYCDCC, or the 5-Boroughs are making it in New York.


It seems appropriate, in light of the proposed Restructuring Plan & Bylaw changes that prior to any change, that more detailed analysis is required. The Trustees & Fiduciaries should be required to produce a report detailing numbers for each local union (Total, Average, Mean) and be required to show a demographic breakdown by age, the ratio of apprentices to journeyman employed, the ratio of woman employed and of minorities as data avails itself.

The reports should also depict the man-hour relation to the dollar volume and type of work produced in any given year, and further be broken down by specific American Institute of Architect (AIA) & Construction Standards Institute (CSI) General Conditions & all Division of Work - shown in detail by Specification Section from reports garnered by & from GC's & Subcontractors.

Moreover, given the amounts of monies spent on Labor-Management Relations, this should come in the form of a mandate by a formal order of the Court. If the current leadership does not have this information available to them at the snap of a finger, (through the IT dept. & the funds) they cannot begin to address any long term problems, let alone the immediate ones.

If the NYCDCC employees do not comprehend why these facts, data & numbers are required - they should be summarily vetoed and replaced with competent executives with a comprehensive knowledge of the Construction Industry.

 The fact of the matter is, approving the requested By-Law changes and granting the UBCJA the legislative power of Congress, in abolishing the NLRA & LMRDA laws will lead to one thing – Wage & Benefit Packages for Interior Systems Local Unions in which the Journeyman Carpenters shall be expected to work for 60% of the wages of the full Journeyman Package by the illegal creation of “Helper Categories” as is now being done in the Pacific Northwest Regional Council of Carpenters. Moreover, the UBCJA has implemented a National “Skills Form” with facially unlawful language, known to them, their counsel of record PNWRCC counsel to violate the NLRA, LMRDA and many Supreme Court precedent and landmark decisions. Movants shall address this in a separate exhibit attached hereto.

With regard to the Latham & Watkins letter, at page-2, paragraph 2, sentence 1:
Latham & Watkins, LLP stated: “In 2010, the District Council commissioned outside consultants from FMI Corporation (confidential report, which they have sat on since last August to insure there would be insufficient time to challenge it, the sources, etc) to prepare a study of the market for Union Carpentry. That study was attached as Exhibit B, and it states that the District Council is at precarious crossroads.
 

“The economic downturn has greatly reduced the number of Construction Projects, with the New York City marker decreasing 22% between 2006 and 2009. With fewer construction projects, the total number of hours worked by Union Carpenters decreased from 17.2 million to 14.4 million.”. re: Latham & Watkins at 2.

Movants have investigated this firm and forcefully object to the acceptance of the FMI Corp. Report as having any basis in fact. It is a completely biased report, from an agency known to be a Union Buster within the Construction Industry. FMI Corporation core experience dates to perhaps 2007 with the Architectural & Engineering (A/E) markets.

The core business has matured past "accounting" for small bit players in the non-union Associated Builders & Contractors (ABC) construction sector - to teaching & training and conducting seminars. In short, most seminars are in essence an excuse for a weekend field trip to a Luxury Resort in which just enough, the bare minimum of business is conducted as it is so called, to qualify the Corporate Fieldtrips to far away destinations as a write-off with the IRS - nothing more, nothing less.

There isn't a large Engineering News Record (ENR) Construction Firm or moderately sized Regional GC or Subcontractor who would consider an ounce of advice from this firm. The sophisticated Regional players Doug McCarron speaks of are the large Multi-Billion dollar top Engineering News Record (ENR) firms and they will generally avoid hiring such a firm, particularly given their relative inexperience in the larger scheme of the industry as a whole.  ($30M Gross).

FMI, Inc's core business is in the Right to Work for Less States of North Carolina, Florida, and Arizona &  in Seoul, Korea. They train people and business how to avoid the laws, their corporate resume dates to 2007.

FMI, Inc has never built or managed a project of any size, nor could they. Accordingly, no credible or reputable firm would take any advice from them. They host Weekend & Work-Week getaway Seminars on meaningless topics, which by design are an excuse for the Corporate get away so you can get a round of Golf in at a high end resort, hit the slopes, go jet-skiing etc. and conduct just enough so called business to qualify the trip as a Tax Write-Off/Business expense for the attending Corporations & Firms, barely passing IRS rules.

Certain seminars are primarily geared towards avoiding & end-running the law. Topics such as "How to get a Waiver of Sovereign Immunity from Indian Tribes" give you a really good idea of their mindset toward business and the rule of law.

FMI Corporation has not produced one legitimate Labor Report which can be verified by the Court, the United States Attorney’s office or the IRO’s office, nor have they produced one legitimate Federal Tax Return for an ENR top 10 GC or top 10 Subcontractor depicting Gross Profit Margins of 24% (Union) to 37% Non-Union) or the Net Profit Margins.
The Construction Industry averages 10-12%  overhead and profit (OH & P) during the best of times; and, that is qualified to an exceptionally well run firm - one with the requisite experience, bonding & credit capacity, equipment, tools and know how sustained through a competent Subcontractor, Mate-rial Supplier, Vendor and a competent well trained Workforce.

Typical large Public Works contracts and Private contracts, regardless of contract form, inclusive of PSA-PLA Agreements are capped at 5% OH & P. Change order work, when warranted is a different animal altogether.

Were Gross Profit Margins sustainable at 24% to 37%, w/o getting into net profit margins  - the fact is the NYCDCC and every Trade involved with BTEA, BCTC & Contractor Associations would have 100% Full Employment, record employment in fact. There isn't an ounce of Credibility or discernable fact presented within the entire Report. When a management consulting firm with such a limited role within the Multi-Billion dollar Union Construction Industry, one with a history of Union Busting, cites as a reliable “source”, the “Freedom of Information Law” (FOIL), and its corporate history is such as described in its own literature and dates to 2007, little credence can be given to the entire re-port.

The fact of the matter is the UBCJA International and the named Labor-Management participants (pages 76 of the Restructuring Plan) directed this firm to write it exactly as it was "scripted", as a means to sell their doom & gloom prophecy to the Court. It is an insult to people's intelligence & de-picts the lengths the UBCJA International will go to defraud the rank & file of their due process rights and the ability to retain their Local autonomy and control of Local Union and NYCDCC matters, as they see fit, and as the law provides.

Any doubt that BTEA, BCTC & Contractor Associations are not heavily involved in these matters can be put to rest. This is a collusive and fraudulent effort to defraud the rank & file and the Court.
References:
http://www.fminet.com/fmi-speeches,
http://www.fminet.com/media/pdf/FMI_History.pdf
http://www.nrtw.org/rtws.htm
http://www.nwcarpenters.org

PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS
Movants note the following excerpts from the PNWRCC’s newly executed Contract, post dissolution & mergers, wherein the specific goal and aim of the UBCJA International is to grant the Contractor Associations an illegal kickback in wages & benefits, for the newly formed Interior Systems Locals.

• SENIOR DRYWALL UTILITY WORKER (formerly a Journeyman Union Carpenter) $21.40/hr, reduced 40% from Journeyman Rate is: $35.66 and set at $39.23 per hour for Foreman. Effective: 6-1-10 to 5-31-12 (Illegal re-classification of a Journeyman Carpenter, to that of a helper, for 40% of the former wages and benefit rate).
• Mandatory Annual Training, or no Wage Increase per CBA
• OT, M-SAT Double Time After 12, instead of after 10
• Private Jobs $500k or Less = 85% of Journeyman Wage Package
• Eliminate Zone Pay = Full Mobility
• Eliminate Travel Time, Regardless of Distance to Project
• When put up on Company Camps...."Camp or Board Lodging" Paid @ $3.00 /Day.
• Weekend Travel Home...they will pay for Toll or Ferry with documented receipt(s)
• NW WALL & CEILING - UTILITY WORKER Wage Scale (not an apprentice)  1st 6-months,   $17.83/hr - 2nd 6-months  $19.61/hr


Movants note:
UBCJA Constitution, dated November 11, 2010, page “Standing Decisions of the General Executive Board”, September 17, 1887 – “Grading wages is demoralizing to Union principles and to the welfare of the Trade and no Local Union should adopt the system of grading wages”.


The Proposed NYCDCC Restructuring Plan, with its requisite demand for an Interior systems Local, to be awarded to the corrupt Wall & Ceiling Contractor Association will expressly violate the UBCJA Constitution by the forced impartation of graded wages at 40% below Journeyman Wage & Benefit scale; and, shall thus serve as a form of a kickback to the Contractor Association in direct & flagrant contravention to the requirement that the Consent Decree eliminate any & all forms or racketeering activity and corruption. This is one such instance, wherein the UBCJA and their counsel attempt to play the Court for fools via the “to be determined” (TBD) language within the 5-26-11 restructuring plan.

MANDATORY SKILLS FORMS & ONE YEAR "IRREVOCABLE ASSIGNMENT" of: 

I________________(print name) assign to the __________________(fill in Council) from my earn-ings, a sum equal to the Unions Membership Dues. Assessments, and Initiation Fee (the Union will notify my Employer of the current amount). I authorize & direct my Employer to deduct such sum and to remit the Money to the Union Monthly.

This Assignment is irrevocable for One (1) Year from this date or until Termination of the Labor Agreement, whichever occurs first. This Assignment shall be renewed Automatically, for successive 12-month periods, unless the Union and my Employer receive my written Notice of Termination of this Assignment not more than twenty (20) days and not less than ten (10) days prior to renewal of the Assignment.

This Authorization is effective regardless of my status as a Member, Non-Member, or "Financial Core" payer and applies regardless of any Future Resignation of Membership on my part.

I hereby authorize the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA to act as my collective bargaining agent in dealing with my employer in regards to wages, hours, and other conditions of employment. All previous authorizations made by me are revoked.
Name:_______________________________________Date:_______________________________

On March 1, 2011, the attorneys representing the NYCDCC, DeCarlo, Connor & Shanley, via letter, sought an opinion from the Court to allow “interested parties, e.g. parties to the collective bargaining agreement in question, the Consent Decree, and other interested parties, the opportunity to make submissions to the Court regarding their position on this issue, and have the Court issue a ruling that would clarify the matter.”
The reference was made to the “Final Order and Judgment of Contempt and Remedy” (Order) Docu-ment #961, dated May 26, 2009 with respect to the 67% - 33% Request System for Hiring Workers and Employees from the NYCDCC Out of Work List (OWL).
On April 1, 2011, via letter, DeCarlo, Connor & Shanley stated “The District Council wishes to ex-plore with the Association of Wall-Ceiling and Carpenter Industries of New York, Inc. (“Associa-tion”) a resolution of the issue that is acceptable to all parties and in accordance with the Order. Thus, the District Council does not wish to burden the Court at this time with this issue.” Brian F. Quinn subsequently withdrew the request prior to the April 6th Conferencing session.

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.

 Movants request the Court issue an Order to Show cause, per standard Court Motion Practice and force the UBCJA International and the NYCDCC and their attorneys to bring the issues they wish to discuss directly to the Court. Movants further request a permanent Injunction re-straining the UBCJA International & the NYCDCC from any further attempts to back-door their desire to re-write the Consent Decree terms and conditions to suit their own agenda, and that of what has proved to be a corrupt Contractor association via informal Conferencing pro-cedures and relaxed Court Rules.

The United States Court of Appeals for the Second Circuit which decision issued February 20, 2007 made it amply clear at 9, pg. 7 “The Consent Decree is clear and unambiguous. King, 65 F. 3d. at 1058. The Consent Decree addresses CBA’s in two places: Paragraph 4(f)(1)(b) and Job Referral Rule 5(B). However, neither empowers the Union to circumvent the Consent Decree through a CBA.”

At 14, pg 8, the Court of Appeals stated “Rule 5(B) does not permit the Union to make unlimited changes to the Job Referral Rules in a CBA. This is particularly true when Job Referral Rule 5(B) is read in conjunction with Consent Decree Paragraph 11, which again, provide that “[t}o the extent that this Consent Decree conflicts with any current or future rights, privileges or rules applicable to the District Council or its membership, the District Council…hereby waives compliance with any such right, privilege or rule an agrees that it and its membership will act in accordance with this Consent Decree.”
At 21, pg. 8, the Court of Appeals stated “Paragraph 11 further requires the Union to make the Job Referral Rules part of the District Council By-Laws.”

 Movants note that the UBCJA International, the District Council and its attorneys of record have failed to abide by this specific requirement and include the Job Referral Rules part of the District Council By-Laws as ordered by the Court. Ref: Exhibit “C”, pg. 94-125 of Latham & Watkins May 26, 2011 138-page Restructuring Plan – Status Update.

 Movants respectfully request the Court issue a contempt Order and direct the UBCJA, the District Council, its agents and attorneys of record and the Wall & Ceiling Contractor Associa-tions from making any such changes, and/or issuing any Unilateral Contract changes to the CBA’s; and again respectfully request that the contract be extended for one-year, to preserve and maintain the status-quo until such a time as the Local Union Elections, the District Coun-cil Elections are held, all statutory election challenges, if any are heard and resolved per DOL/OLMS requirements of law and the Local Union and District Council limited suspension of their autonomy is restored as required by law.

 Movants note that the 18-month statutory period has expired, and has a limited extension which we ask be rescinded by Order of this Court. Movants request that intervening supervi-sion be placed under the control of the United States Attorney’s office, the Independent Re-view Officer and the District Councils new Director of Operations.
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Re: Let's create a monthly wage report

John
In reply to this post by Ross
  How the 1% hourly dues checkoff & the additional 1% are calculated couldnt the information be retrieved from there
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Re: Let's create a monthly wage report

Ross
In reply to this post by Ted
Ted,

Thanks for the reply. Its gratifying to know that I'm not the only one who thinks this is a smart idea. I've been called naive, sorta....

To be honest, I am. I'm coming from a common sense, "aren't we all together in this and aren't we about to vote the bums out and why don't we just do whats right for ourselves" kind of place.

Its our union. Its our data. They're our contracts, hours and wages. We want to vote on our own contracts, one member one vote. In order to do that well, its obvious that we need to analyze previous and current data. We can see the wages that we are asking for in our contract. For what earthly reason shouldn't we want to know the real world results of our contracts? Its just so obvious I have a hard time understanding why anyone wouldn't think it was important. I don't think we should elect anyone into a leadership position that would stand in the way of easy member access to this information, and I think it should be an issue right now.

Suppose we get the raises in this contract....I know, maybe the contract will be thrown out by the court, maybe it wont and only full mobility will be struck from it....whatever. Maybe it all gets shoved at us despite efforts to fight it. Well...wouldn't we want to know, what the actual average wage is next month, the month after, the month after? What if there are so many hardship cases and PLA's that the carpenter's average wage drops to $40 an hour, or $38 an hour, $35 an hour, despite the raises we signed up for. Or what if it doesn't. What if the number holds steady or even rises. Isn't that useful information going forward? Whichever way it goes, won't that inform our conversation going forward? Won't that factor into future negotiations? Yes it will. We want to decide. We need the numbers. Our numbers.



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Re: Let's create a monthly wage report

RichardDorrough
Ross. Yes you were called Naive here and other things in the cbox. The person here, Robert Kwakweinski while meaning well, has failed after all this time to educate himself and keeps repeating the same clueless things over and over. He some how figures that posting in all caps makes his posts legit.
    Control of the delegates is exactly what must be done at this time. The way these people are able to get their own way an defraud the members is because they control the delegate body and get things rubber stamp no matter how many tines you prove to which entity ie: Walsh, Berman the NLRB and etc they get away with it because they have the majority control of the Delegate body. Old soap box Kwakweinski posts over and over about Harrington-v-Chao when he does not a clue what the case is really about and when you ask him to prove his claims he says "oh just go read here or here and you will see exactly what I mean. The fact is I have read it backwards and forwards and that is why I know Robert does not have a clue yet he posts here advising or chastising you.. Its good to see you that your not buying it.
       But lets use his own Harrington -v-Chao magic bullet case that does not exists. How did Harrington finally make progress despite the Secretary of Labor scamming the case. From the AUD:
 
"Over several decades, AUD has learned that it is not enough to rely on a lawsuit to win back your rights. Members must mobilize at the grassroots to turn up the heat on the International. That's what Carpenters for a Democratic Union did in New England, winning enough council delegate positions to elect the lead plaintiff in the case, Thomas Harrington, to the Executive Secretary Treasurer post while the case wends its way through the courts. Sound familiar??So the GREAT Harrington was also smart enough to see that you must gain control of the delegate body.

  In the long run restoring democracy is the goal. Seizing control of the delegate body is the way to seize the control of the NYCDCC which you need to obtain that desired result. It is a shame that besides replacing corrupt delegates at election time there is not more of an effort to hold them accountable now.I hope the effort to replace delegates at election time stays on course and works to replace those delegates that are corrupt and will not abide by the will of their constituents. Push to far and you will end up with delegates seeking protection under the bylaw that protects delegates from harassment because you did not like the way they voted.. I hope those waging the campaign are smart enough no to cross that line or are prepared for it when the defense is made.
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Re: Let's create a monthly wage report

Ross
In reply to this post by John
Hi John,

I'm not sure. How would we do that? I'm thinking along the lines of having official access to all the official data at the very top of the system, where its all collected, and making sure that we have voted in representatives who feel the same way. hat are you suggesting? I'm all ears. Thanks for voicing your thoughts.
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Re: Let's create a monthly wage report

Ross
In reply to this post by John
Hi John,

I'm not sure. How would we do that? I'm thinking along the lines of having official access to all the official data at the very top of the system, where its all collected, and making sure that we have voted in representatives who feel the same way. What are you suggesting? I'm all ears. Thanks for voicing your thoughts.
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Re: Let's create a monthly wage report

Political activism
In reply to this post by Ross
     
     Political rights do not originate in parliaments; they are, rather, forced upon parliaments from without. And even their enactment into law has for a long time been no guarantee of their security. Just as the employers always try to nullify every concession they had made to labor as soon as opportunity offered, as soon as any signs of weakness were observable in the workers' organizations, so governments also are always inclined to restrict or to abrogate completely rights and freedoms that have been achieved if they imagine that the people will put up no resistance. Even in those countries where such things as freedom of the press, right of assembly, right of combination, and the like have long existed, governments are constantly trying to restrict those rights or to reinterpret them by juridical hair-splitting. Political rights do not exist because they have been legally set down on a piece of paper, but only when they have become the ingrown habit of a people, and when any attempt to impair them will meet with the violent resistance of the populace. Where this is not the case, there is no help in any parliamentary Opposition or any Platonic appeals to the constitution.

    — Rudolf Rocker, Anarcho-Syndicalism: Theory & Practice, 1947[8]
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Re: Let's create a monthly wage report

Robert Kwiecinski
In reply to this post by RichardDorrough
THE PROBLEM IS DORROUGH YOU KEEP READING IT BACKWARDS.READ IT FORWARD AND MAYBE YOU WILL UNDERSTAND, BUT I DOUBT IT. ROSS YOU WILL SOON SEE DORROUGH IN ALL HIS TWISTED GLORY TURN ON YOU. JUST ASK DAN FRANCO. FRANCO HAD HIS DOSE OF DORROUGH AND HE WON'T EVEN DEAL WITH HIM ANYMORE. GIVE IT TIME ROSS, DORROUGH WILL ATTACK YOU TOO.
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Re: Let's create a monthly wage report

John
In reply to this post by Ross
The additional 1 % is !% of the gross . Then  divide by hours worked  that gives an average. Then  add them up monthly  Shouldnt be to hard  for  the vacation fund  to review this info
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Re: Let's create a monthly wage report

Ross
In reply to this post by Robert Kwiecinski
ROBERT,

THANKS FOR THE HEADS UP. I'VE SEEN WHAT HAPPENS. I'D LIKE TO ENGAGE WITH YOU ON TWO THINGS. ONE- MY WHOLE "UNION AWARE" EXPERIENCE HAS BEEN AFTER THE DELEGATE SYSTEM WAS SET UP. YOU ARE SAYING THAT...WELL I'M NOT CLEAR ON WHAT YOU MEAN ABOUT ALL MEMBERS VOTING ON EVERYTHING. DO YOU JUST MEAN ON CONTRACTS? I UNDERSTAND THAT A SMALLER GROUP OF VOTERS CAN BE MORE EASILY CONTROLLED AND ALL THAT. BUT THERE IS ALSO THE IDEA OF A REPUBLIC, WHERE THE POPULATION HIRES REPRESENTATIVES TO DEEPLY THINK FOR THEM IN THEIR PLACE. A PURE DEMOCRACY CAN LOOK A BIT UNWIELDY TO ME. ARE YOU SUGGESTING THAT ALL 20  OR 30 THOUSAND MEMBERS SHOULD TAKE HE TIME TO UNDERSTAND EVERY ISSUE AND TO VOTE ON EVERYTHING THAT COMES BEFORE THE DELEGATE BODY? I'M SERIOUSLY ASKING.

THE OTHER THING IS- DO YOU REALLY SEE NO VALUE IN WHAT I AM PROPOSING HERE? I UNDERSTAND THAT YOU ARE INTERESTED IN THE CURRENT FIGHT ABOUT THE CONTRACT, BUT I FEEL THERE IS VALUE IN GOING FOR MORE THAN JUST ONE THING AT A TIME. I REACHED OUT TO THE RO ABOUT ENFORCING A ROLL-CALL VOTE AND HE DID. I SEE THAT PAYING OFF RIGHT NOW IN THE FORM OF USEFUL INFORMATION FOR THE NEXT ELECTIONS. PERHAPS HE WOULD HAVE DONE THAT ANYWAY. WE'LL NEVER KNOW. IN ANY CASE, I DONT THINK THAT MY EFFORT TO RAISE AN ISSUE BEFORE AN ELECTION THAT IS DEFINITELY GOING TO HAPPEN DETRACTS IN ANY WAY FROM OTHERS EFFORTS TO RESCIND THE CONTRACT VOTE. I THINK WE NEED TO SUPPORT EACHOTHER, NOT TEAR EACHOTHER DOWN. FEEL FREE TO RESPOND OR TO CREATE YOUR OWN NEW TOPIC ON THE ISSUES I'VE RAISED.
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Re: Let's create a monthly wage report

John
In reply to this post by John
The 1% is multiplied by 100 to come to the gross pay figure I mentioned
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Re: Let's create a monthly wage report

Ross
In reply to this post by Political activism
Dude, I get it. I saw Hunger Games.

Look, I know that what I am advocating is in the system. I know corruption exits. I know people will try to neutralize what we bring forth, but when I see that put forth as an argument for.... what? What the heck are you arguing for here? Don't try? The quote that you give us here...what do you want?

Give me a plan. Use your words.
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Re: Let's create a monthly wage report

Ross
In reply to this post by John
John,

I totally agree with you that this math is not hard. For me its about getting access to all the numbers across the system. I don't know if some kind of self-reporting renegade data offering will ever have statistical meaning. When I brought it up at my local meeting the idea was treated like it was Einstein's Relative Theory or something. I'm hoping to get members to vote for delegates who will insist on access to the collected data so that we can do the real math. Are you with me?

Wages divides by hours equals truth.
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Re: Let's create a monthly wage report

Ross
In reply to this post by John
John,

I totally agree with you that this math is not hard. For me its about getting access to all the numbers across the system. I don't know if some kind of self-reporting renegade data offering will ever have statistical meaning. When I brought it up at my local meeting the idea was treated like it was Einstein's Relative Theory or something. I'm hoping to get members to vote for delegates who will insist on access to the collected data so that we can do the real math. Are you with me?

Wages divided by hours equals truth.
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