MANDATORY ARBITRATION UNDER THE UBC CBA's

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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

iamlistman@yahoo.com
I want it to be brain strain, feel like its needed to wake the membership up !

Ultra OWL =- death blow, - yes. Just one of many mechanisms

McCarron has done this under the bogus claim that we need to ORGANIZE every Carpenter nationwide

ANY CLAIM HE MADE  REGARDING WHAT REORGANIZATION WOULD DO TO FERRET OUT CORRUPT LEADERHIPS TEARING US DOWN FAILED.     DURING THIS CONSOLIDATION PHASE THEY WERE YOUR WRECKING CREW McCARRON  AND THEIR PROTEGE'S ARE YOUR BOB CRATCHETS TODAY.
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

iamlistman@yahoo.com
In reply to this post by Ted
LISTMAN - Ok, eye strain, I saw a case here while from 2009 - could you expand on that Case in the post CWA v. Beck (Beck Rights) and the Breininger v. Sheet metal Workers International Assoc. Local Union No. 6.......cited 493 U.S. 67 (1989).

I'll try

U.S. Supreme Court
Breininger v. SMW Int'l, 493 U.S. 67 (1989)
Breininger v. Sheet Metal Workers International

Association Local Union No. 6

No. 88-124

Argued Oct. 10, 1989

Decided Dec. 5, 1989

493 U.S. 67


CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE SIXTH CIRCUIT:

whereas the duty of fair representation has "judicially evolved" as part of federal labor law and is unlikely generally to create conflicts with the operative realities of federal labor policy.

WE FIXED IT WITH McCARRON BY 1996 WITH JUDICIALLY EVOLED LAW AND WE WILL NOT CREATE CONFLICTS WITH HIS OPERATIVE REALITY
 ( AFTER ALL ITS THE WHITE HOUSE OBJECTIVES AS WELL )

THE SIXTH CIRCUIT:

"Today the Court correctly refuses to adopt the Court of Appeals' reasoning, but its rationale is just as flawed as that of the Court of Appeals. Retaliation effected through a union job referral system is a form of discipline, even if the system is used by nonmembers as well as members and even if the sanction is the result of an ex parte, ad hoc, unrecorded decision by the union."

THE NYCDCC OWL IS NOT AN ad hoc RESULT OF ANYTHING.   ITS A CLAUSE WHICH GOVERNS ALL CBA'S
IF ITS MANIPULATION IS AN LEMENT OF RACKETEERING, - BETTER ARGUMENT. THE TERM BLACKLISTED MEANS DICK WHEN 26 DAYS IS ENOUGH TO COVER YOUR ASS AS FAR AS THE OWL GOES.











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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

iamlistman@yahoo.com
In reply to this post by iamlistman@yahoo.com
Breininger v. Sheet Metal Workers International

Association Local Union No. 6

@2................

................and which, in § 101(a)(5), includes procedural safeguards designed to protect against improper disciplinary action -- "written specific charges," "a reasonable time to prepare a defense," and a "full and fair hearing" -- that would apply to the type of procedure encountered in Boilermakers v. Hardeman, 401 U. S. 233, 402 U. S. 236-237, whereby a union imposes "discipline" by virtue of its own authority over its members, and not to instances of unofficial, sub rosa discrimination.

SIMPLY WHAT THE NYCDCC DID IN ORDER TO KEEP THE RACKET GOING.
YOUR COMPLAINTS FELT THIS WRATH. CALLS TO THE HOLINE,-GRIEVANCES TRIAL COMMITTEES ANY PART OFTHE CHAIN. THOSE LABOR PROTECTIONS § 101(a)(5), WERE VIOLATED.

"Here, the opprobrium of the union as an entity was not visited on petitioner, since , and not that he was punished by any tribunal or subjected to any proceedings convened by respondent."

 DIDN'T HAVE TO REACH TRIBUNAL AND IT HAD LESS TO DO WITH DISCIPLINE----------------------he has alleged only that he was the victim of personal vendettas of union officers"


EVERY TIME YOU SAID SOMETHING YOU WERE SUBJECT TO RACKETEERS EXTORTING YOUR RIGHT OF CONCERTED ACTIVITY FOR MUTUAL AID AND PROTECTION OF YOUR BRETHEREN AND THE UNION THAT McCARRON STOLE FROM US. THATS WHY WE COULDN'T CHANGE. FROM THE GROUN UP IT WAS EXTORTION

CARPENTERS ARE SUITED FOR AN ULP.


Ted
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

Ted
In reply to this post by iamlistman@yahoo.com
listman

TRUE - Now in NYCDCC do they have the audacity to list their chosen/UBC Arbitrators who shall hear, review & decide any & all cases? They do it in the NERCC Contracts & the Arbitrators are on NERCC's payroll, albeit through NERCC Legal Counsel & more wink-wink, nod, nod deals.

The EST Erlich, as evinced by his 6-page piece in DISSENT MAGAZINE (so far left, he must be Chinese now, a traitor to Labor, a man without one iota of a clue who is clearly out for himself & his socialist-marxist-commie-liberal bullshit).

Of course, he finally woke up & realized he'd better "Pull the Post" before too many UBC Brothers read it, so it's off the Front Page so to speak, archived - real quick like.

go to:   www.nerccblog.org

They recently posted the film Footage of JFK's Inaugeral Address, & only he could put the Liberal spin of "COLLECTIVE-COOPERATIVE" on it. JFK would not be Democrat today.

GOOGLE

"COLLECTIVISM" & "INDIVIDUALISM" and you'll see what I mean.

Labor needs to focus on that & leave the rest of the bullshit out of it. The UBC is not here to Organize Workers the World over - yet Liberal douchebags like this, eat it up when the Muslim Messiah'S (OBAMA) Secretary of Labor (Hilda Solis) spends U.S. Tax Dollars appropriated for Labor here in the U.S.A. and starts spending that money overseas trying to "ORGANIZE" third world shit-hole countries and bring them under the Umbrella & the Control of the DOL & NLRB.

Absolute National Disgrace.

The new UBC.....WHITE, MALE OOVER 40, TOOLS, TRAINING, EXPERIENCE, GET LOST we don't want anyone aroud with those skills, with a recollection of voting etc.

The NEW UBC: NOW HIRING - WANTED, are you a:

Woman, Minority, Gay, lesbian, transgendered, bi, Illegal Alien, Non-English Speaker, no tools, no skills, work like dog, Kool-Aid Drinker, easily manipulated.

Do you like to make signs & do standouts in all kinds of weather while you sit on the OWL for months on end, years possibly.....Do you like to march in Labor Day Parades & pretend there is relevance in that....will you work for lower wages and benefits than all those pain in the ass white-folk?

If so, come on down -- WE WANT YOU IN THE UBC

Oh yeah - Bring your Mud Bucket & those K-MART Tools with ya & our BA's will send ya right out.......on every form of welfare known to man....great, you can work for CASH & we'll keep you employed year round.





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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

iamlistman@yahoo.com
Haven't I seen your name attached to some sort of action against the Union ?
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

iamlistman@yahoo.com
In reply to this post by Ted
 NLRB DEFERRAL TO ARBITRATION:
 www.abanet.org/.../nlra/papers/deferral_​arbitration.pdf


 Review of the Collyer Deferral Process:
www.nlrb.gov/nlrb/about/ig/reports/OIG-​AMR-41-04-01.pdf


 ARBITRATION VERSUS THE NLRB: DEFERRAL OF CHARGES:
www.bna.com/bnabooks/ababna/nlra/2004/​bloch.doc


 NLRB DEFERRAL TO ARBITRATION-----DUBO REFERRALS
www.abanet.org/.../nlra/papers/deferral_​arbitration.pdf
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

albert-mcguire1876
In reply to this post by Ted
Thanks for your link to EST Erlich's article in Dissent magazine. Being at first unfamiliar with Mr. Erlich, I am impressed by the quality of his writing, and perspective. A collective, or cooperative, approach is integral to the functioning of unions, and is documented throughout the history of the labor movement. Improving conditions of workers are often interchangeable with establishment of civil rights, as demonstrated by the abolition of slavery in the United States. While I sympathize with your frustration over the decline of the UBC, a deep look into the characteristics of working class struggles can yield greater solutions for our problems than promoting social exclusion. I did search for "COLLECTIVISM" & "INDIVIDUALISM" and found both are ideologies with positive and negative connotations. Google "Sacco and Vanzetti" now. What in their lives was a national disgrace? Is China communist or State Capitalism in action? Any thoughts about the unemployed? Erlich is thoughtful and informative in his article, which is more than can be said about Spencer or McCarron.      
Ted
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

Ted
In reply to this post by iamlistman@yahoo.com
Yes you have & there will be more. Thank you for the insightful & informative posts on due process & the duty of fair representation. I will read & re-read each one & do my due diligence & research prior to filing another case.

I have not had the years of experience at this as you & others here on this blog, but I am a quick study & willing to do the hard work necessary to get up tp speed &move to challenge this autocratice rule.

The UBC International & their attorneys whom we fund have spent millions of dollars & 15+ years figuring out ways to end run members rights & how to rape the Funds & deprive members of any voice. This is a war & there is no other way of looking at the situation we are now face.
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

listman
We Need To Speak w/each other.

I've got an intermediary or two for discretion purposes, lets connect.  

R.Durrough is one, Dan Franco another
Ted
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

Ted
In reply to this post by albert-mcguire1876
Albert, I do not promote social exclusion. We need to stick to the issues. The one decent move Doug made was getting us out of the AFL-CIO. Go to their website & you will see why. We paid them $5M+ a year for abslutely nothing in return. The UBC is not a Global Union & I don't want a penny of my money going to them ,so hacks can allegedly organize workers in third world countries.

The same applies here in the U.S.A. You do not comprehend the relationship of Erlich, Deval Patrick & the Imam at the Supreme Mosque in Roxbury MA. These clowns along with the Mayor gave the Mosque $2M of free land, they then expanded from a $22M undertaking & built a $60M dollar mosque.

Shortly after opening it, there was Deval Patrick taking a $50k dollar check from the Imam to retrain the State Police in sensitivity toward Muslims....no sooner was the check cashed - the Imam was preaching to his flock to "take up the shovel, the sword & the gun to your oppressors".....the mayor, the governor, Erlich & the people of Boston.

Correct me if I am wrong, but the 9-11 hijackers all came through Boston. These people, these alleged leaders are fools - period, no debate required, no liberal spin either, no hugs & kisses.....sheer fools.

Back to the facts: The EST & our Organizers & BA's need to focus on one thing - obtaining work for our members, seeing to it that members don't have to work 40 or 50 years to get a 30 year Pension (i.e., limit membership & do not take in, sign up or organize every swinging dick that passes a drug test & has a mud bucket full of K-mart Tools).

We need to streamline UBC Contracts & standardize language within them. We should have all members work from the hall & limit the numbers of Company men, whether foreman or superintendents, as they have divided loyalties. Mobility has killed the UBC, because every one goes company & forget their roots & that my friend took the brother out of the brotherhood. The company man methodology has only served to instill the us vs. them mentality, or divide & conquer if you prefer.


EST's like Erlich need to focus on issues relevant to Labor, Wages, Benefits, Pensions, Annuities & leave all the other social horse-shit out of the equation, all their personal, feel good crap which he pushes.

They do not work for us so they can spend all their time on politicial or social issues or marxist/commie propaganda or write puff pieces for magazines and groups like Democrats for a Socialist America (DSA) on our dime and on our time. Erlich is not workling for us so he can spend 90% of his time as an labor historian, author or book publisher - yet that is what he does.

Meanwhile, back at the Ranch......man-hours are down, we suffer from 50% unemployment and they don't have a fucking clue why, as they have never worked in the dreaded private sector & none of them have ever once in their lives been accountable or responsible for making a profit in the business world.

They don't have a clue, so they build signs, do standouts for politicians, re-invent the Comet program & call it by another name, hand out T-Shirts & busy themsleves with mindless crap designed primarily as a vehicle for justifying their jobs, for how hard they allegedly work for the members.....Bottom Line - they are here for the FREE RIDE & for the 2.5 for Pension Specials (double dipping), the perks, the gas cards & free vehicles for life etc.

We need to return the men to the hall, then they will stick together, as in days past. We need to end the full mobility & we need to return to the members the right to vote in direct elections.

We need Leaders with real world business experience who are devoted to one thing, ensuring that each man or woman taken in, signed up, ran through the apprentice system & who becomes a productive journeyman.....their first order of business is seeing to it that those members work a minimum of 2000 Man-hours per year.

This is a critical point. The union Wages & Benefits for a UBC Carpenter, anywhere USA are the minimum wage required to raise & maintain a Family and to live a secure, decent middle class life - period.

Anything short of that is folly. The International Leaders, the 38 EST's & a lot of the delegates do not give a rats ass about that. All they care about is the Monthly take in terms of DUES & WEEKLY WORK ASSESMENTS. All that is accomplished by this method of running the UBC is watered down hours for every UBC member.

FACT: If you take in & sign up (VIA OVER-ORGANIZING) too many men, the end result is lowering the hours for all. We are in the Internet age, we have had computers for 50+ years.....were the UBC to crunch the numbers - what are the average Yearly Man-Hours on a Year by Year basis, per man from 1950 to today?

What are the average yearly Man-Hours since McCarron became the General President? They don't want you to know, as that would reveal how ineffective they really are. And why should they care, as they get their share of the pie & then some?

A union is no good and their rhetoric about "Good Jobs, Decent Pay & Benefits" ring hollow, when a Union Carpenter is working 1500 hours, or 1000 hours & some 500 hours or less a year. Given the premise I previously noted of Minimum Wage being 2000 Man-Hours per year, what good is earning $40 an hour on paper, when in reality via the actual hours worked your pay is cut to 3/4's of the that hourly wage, 1/2 of the hourly wage or worst yet 1/4 of the hourly wage.

That is where the UBC's & McCarrons argument of the Never Ending Organizing Campaign falls short. It simply cannot be sustained without effecting all UBC Brothers & Sisters.

The Boston construction market has a capacity for the building out of $6-$10 Billion in ready to go Projects over the next 3-5 years. Since our fearless leaders haven't a clue about the business world, what is happening now? Answer - Not a thing.

We have both public & private Projects that all could be accelerated & could take advantage of lower material costs. Yet, Erlich & his crack team of dopes simply have no idea how to bring the players together, sit down have meetings & working sessions with the politicans, business leaders, investment bankers or the colleges & universities here with endowments in the tens of billions of dollars and devise a master plan to organize the Building Trades Council and all the Unions to work toward ending the problem for all concerned.

NERCC's largest player Suffolk Construction was a non-union firm 15 years ago. They do a whooping $600M a year in work - nationally & the rest go down from there. Erlich has no idea how to tap the might & resources of the larger players who have the credit & bonding capacities and the equipment at the ready to take on the larger projects. So instead, the UBC brothers in NERCC are forced to deal with Non-Union GC's on half the projects now & work on Union jobs with many non-union firms. Many NERCC signatories are allowed to get away with running double-breasted operations.

The decline in project Quality, Job Safety, Owner dis-satisfaction is readily apparent and yet he keeps follwing the same path. He has though in the last CBA sought to change certain provisions of the Union Contract annointing-providing himself with unfettered Dictatorial Control over all, over every line item in the contract w/o challenge by his own appointed E-Board lap-dogs, who like him are in it for themselves.

All he has to offer now is, how he can devise deals with Non-Union GC's for 80%, 70% & 60% rate jobs - and is busily crafting these sort of back room deals to screw the members & give the kiss & payback to the Owners, Developers, GC's & Sub's.

We have a workforce, who in general are a bunch of brainwashed ballasuckers who will readily stab their fellow Union Brother or Sister in the back, who dont question working on jobs without water, without the proper amount of toilets or sanitary conditions, who work like dogs & do half-assed work, who work unsafe, who work with improper tools, who will readily do leading edge work without being tied off, without a boom lift, without consideration for any safety whatsoever and who now generally work like a bunch of assholes.

That my friend is the legacy of Erlich, that of a clueless twit who despite his self-gloating puff pieces which make him sound like a savior to some, is in essence a traitor, a sellout and a fool incapable of leading anyone. Maybe you would like to work for him - it sure sounds that way.

We got 27 Locals, 27 BA's & 27 fried chicken munching secretaries earning ridiculous salaries & perks based on their output, their return on the investment we make in them. The secretaries play on Facebook all day & allegedly manage the ULTRA OOWL, but they earn the same Annuity as men in the field, the same Plan 1 Health & Welfare plan as the men. Most work part time, with all the doctor visits & kids sports team crap they have to take care of on company time. In short, Erlcih is running a make work program for the other wise unemployable. We also pay 27 E-Boards.

A competent business Executive would easily see the most basic problems, evaluate his staff, their productivity, the man-hours produced in each Local & many other factors and then devise a business plan to end the fraud, retain those who produce & fire the rest.

As far as the men, they need to put an immediate hold on all new recruits. We then need to evaluate all those ready to retire or within 5-years of retiring and get them the hours they need as a top priority & get them pensioned out. Before they go, we need to strap a decent Apprentice to their leg, so they can learn the tricks of the trade from an old timer.

Past that, the CBA's need to be revised to reflect a seniority system designed tied to the OOWL to get them the hours needed for the typical 30 & out UBC pension now in place.

Any Organizer or BA caught with cash workers on projects under their control need to be fired at the first infraction & most are doing it and simply turn the other way when brought to their attention. These people are toxic, they are a cancer to the UBC and they are simply no good at what they do, or pretend to do & they need to go.

I for one will never drink the Kool-Aid that Erlich dispenses or that you are dispensing here.
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

listman
In reply to this post by Ted
Ted, it is you I have respect for.
There is a legal action I'd like you to look at.  Then you'd understand just how our mutual respect for each other is apparent.

I remember seeing the titled action but can't seem to locate t again. A Quick reference if you wouldn't mind so I could read it in its entirety, or so that others can also be motivated by yourself. It would be most appreciated, listman.
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

listman
In reply to this post by Ted
I'd be honored to do the reasearch, & file an action w/you.
Ted
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's

Ted
This post was updated on .
In reply to this post by listman
Thank you listman. I hope I make sense here. I am amazed at some of the writings & responses on this blog. Although I am technically a NERCC guy, I never really looked at it that way - I am a UBC guy first & I am for the men & always have been.

The best super's & foreman come from the field & we need to get more of our decent men employed with real GC's & large Sub's. Some unfortunately forget their roots. Some, those form the over-protected & helmeted soccer crowd are simply too young to know any better & have been spoon fed the kool-aid & classic brainwashing which is destroying the UBC.

The most difficult challenge we face is in detaching ourselves emotionally form the legal issues at hand which we have to deal with. Not always the easiest thing to do & that is why when combining the brain-trust on this site - consultation with AUD attorneys or disinterested third party attorneys would help us as a whole.
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