MWA SETTLEMENT

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MWA SETTLEMENT

Greg KELTY
Donny Arana replied to the MWA article posted on this site
Donny Arana January 23, 2013 at 5:26 PM

Good job by our leadership on fightng the MWA. This is a major victory for our union. Prop's to them on their battle and victory.


    ARE YOU CRAZY?  
    I am sorry but a 8 million dollar plus settlement is only a victory if you are the MWA. In case Donny doesn't realize it we have to pay the MWA 8 million from our dues and assessments, that is no victory. The decision to enter into arbitration by the incompetent and poorly informed Mike Bilello and the leadership of the District Council was a disaster. Mike Bilello should have consulted competent legal advise and the Delegate Body before entering onto arbitration. He did neither. His poor judgement has cost our members 8 million dollars,THAT IS NOT A VICTORY.
    We may still be on the hook for another 2 to 3 million in benefits. How is this a VICTORY?
    So we have Donny supporting the Council and trying to turn a failure into a victory and the council supporting the Carpenters for Contractors ticket. This ticket is nothing more than an extension of the council and their desire to get control of local 157 and their Delegate representatives. This ticket was nominated by Mike Bilello and includes three paid employees of the council. Supporting this ticket means you support PLA pay cuts, Full Mobility, big spending on perks for council reps, organizers, IG staff and other failed policies of Mike Bilello and DC.
   
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Re: MWA SETTLEMENT

INQUIRY
Not One Red Cent,
Not One Thin Dime,
With This, We Must Be Real;



After Tenty Five Years of Scandal,
Not One More (Forde/UBC/Shiel) DIRTY DEAL!s

3.5 years post indictment, & we're screwed by one of the many acts of racketeering which remain unaddressed.

Great post Greg. The RO knows what you mean and has done nothing to halt this madness.
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CAN SOMEONE EXPLAIN ....Re: MWA SETTLEMENT

a wife
In reply to this post by Greg KELTY
HOW THE HELL DID THE MWA COMPANIES GET A CUT RATE FOR THEIR CONTRIBUTIONS WITHOUT THE UNION BEING PART OF THE PROCESS???

Did they have great hackers?   Able to key into the Union's system and change it?

THE UNION NEGOTIATED THE RATE, SIGNED OFF ON IT AND PUT IT IN THE SYSTEM!


Why are folks ignoring this?

ohh and to make sure you know how much the Union fought for membership - they cut off benefits for carpenters just trying to earn a day's wage to feed their families --
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Re: CAN SOMEONE EXPLAIN ....Re: MWA SETTLEMENT

INQUIRY
The NYCDCC, meaning Forde & Co. brokered the deal on behalf of McCarron's desires. The Feds indicted Forde. Spencer made sure it went trough via the Tomassen Shiel Snafu, without apparent authority. Bilello and Walsh did not care if the DC's counsel Murphy missed that one. We wasted how muh of the councils money fighting this, created an unprescedented circumstance of an emergency electronic delegate vote that involved zero transparency, did not follow the by law requirement of a debate & discussion. Born from that came the Muscemeci branch of that situation when he let out news and here we are with a cover up of such magnitude.  Walsh buries charges against Muscemeci so that thorn is taken out and the general membership, not those absolutely opposed to this and let them know, is asleep at the wheel.
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Re: CAN SOMEONE EXPLAIN ....Re: MWA SETTLEMENT

INQUIRY
In reply to this post by a wife
Thats howthat got done!
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Re: MWA SETTLEMENT

The Kelty fund. !!
In reply to this post by INQUIRY
It's amazing the way Mr Kelty can talk ! Do we remember when we at 257 had to pay into the "KELTY. FUND "???
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Re: MWA SETTLEMENT

Greg KELTY
    Back in the day we got blackballed for standing up for the rights of the rank and file carpenter and we paid a steep price. Today myself and other activist members are still here, our voices even stronger, standing strong for the silent majority. Assholes like you are only concerned with filling your pockets at the working mans expense. The only thing you would fight for is more perks and pay raises for council hacks. You morons can't see the forest for the trees, it is members like you that are destroying the unions from within. You continue to bring up the past where the record clearly shows, we were in the right otherwise there would have been no settlement. The fact you bring up a 20 year old issue every election just shows you are ignorant, and clearly a council hack. Your effort to slander me to get more of your like minded people into office just shows your desperation. I plan to continue to represent the members and to question the leadership of this council as well as the local to insure they are working on behalf of our brothers and sisters and not on behalf of themselves.  
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Re: MWA SETTLEMENT

counterspin
Didn't Organizer Byron Schuler settle with the Council over a discrimination issue? Mike Bilello picked him to run for Vice-President on the so called "Rank-and-File Team" ticket. Not to question Byron's case against the administration; it was probably valid, considering the way 395 has, and continues to be, run. But it's pretty hypocritical and ugly for the Bilello faction to defame a stalwart dissident like Kelty, after they fraudulently exploited the underdog label to seize power.  
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Re: MWA SETTLEMENT

fuck you all
Those of you who don't know, Schuler was in on the Keity lawsuit.
I was right there when John Abada offered Keity a job and he refused it.
Guess it wouldn't have look good at trail.
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Re: MWA SETTLEMENT

What?
You mean you were on your knees with a mouthful of the BA's manhood then and now you are at the council with a mouthful. You have as much cred-ability as Bernie Madoff and Mike Bilello.  
Ted
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Re: MWA SETTLEMENT

Ted
In reply to this post by Greg KELTY
re: Wednesday February 27, 2013 Court Conference, 9:20 am

MR. MURPHY: James M. Murphy for the New York City

24 District Council of Carpenters.
25 If I may, just preliminarily, your Honor, there are

SOUTHERN DISTRICT REPORTERS, P.C.(212) 805-0300

5D2RTUSAC
1 two items that were presented to you at the last status
2 conference. I just wanted to give you an update on those
3 items.

4 The first one had to do with the MWA matter and
5 Arbitrator Townley, as you may recall. She has now issued,
6 back on January 22nd of this year, her remedy award. And she
7 limited the -- followed some of our direction, I think, and
8 limited the remedy to $8 million down from the $59 million that
9 the MWA employer association was claiming.

10 Since then, the district council has been in
11 negotiations with MWA about paying the remedy amount, as well
12 as we have preliminarily negotiated a successor ten-year
13 collective bargaining agreement that both sides are at least
14 satisfactory with. It provides for reopeners with interest
15 arbitration and other matters, so giving back a little bit.

16 THE COURT: When you say "giving back," what is the
17 doable proposition, if any, with respect to that?

18 MR. MURPHY: Yes, your Honor, we were looking at,
19 given her a liability award that was issued last May of a claim
20 by the employer association, MWA, of $59 million in retroactive
21 damages, and the arbitrator insisted that we brief the issue of
22 remedy. We did so, and she then limited the remedy to going
23 back to just a certain amount of time as well as completely
24 deciding that she did not have the jurisdiction to address the
25 issue of the benefit fund. So that the damages remedy is

SOUTHERN DISTRICT REPORTERS, P.C.(212) 805-0300
6D2RTUSAC

1 limited to $8 million retro to 30 days prior to the filing of
2 the grievance, which was back in July of 2011, rather than
3 retroactivity to August 1st of 2009.

4 THE COURT: And so you mentioned you're negotiating
5 that still?

6 MR. MURPHY: We have tentatively agreed to a new
7 ten-year contract, a successor agreement, to replace the one
8 that expires by its terms this June 30th. We have agreed to
9 other matters that would also include the district council
10 paying the remedy that's been awarded by Arbitrator Townley,
11 which is $8 million.

12 There are issues, and maybe Mr. McGuire can speak to
13 the funds involved in litigation in front of Judge Batts and in
14 front of Judge Stanton with the MWA, and the MWA is -- I think
15 the funds in the union are looking for some sort of global
16 settlement of all these disputes.
_________________________________

Global Settlement - Lawyer Code for, yee ha. mo. money,, mo money...for them that is!

What's not being said relative to the the criminal acts of Thomassen & Sheil with respect to the MWA back-door deal executed (signed) while the FBI, the USAO & Fed's were all singing each others praises, kumbaya, high fiving & dancing for the Media is that this was a staged extortion of D.C. monies planned to coincide directly with the above items, while the co-conspirators were given back room confidentiality deals and allowed to Pension out & retire w/o facing indictment themselves.

Berman should move to unseal said confidentiality agreements, as should Ben Torrance, the current USAO rep. along with Preet Bashara and see exactly what type of quid-pro-qou went on here - prior to allowing the D.C. incompetent in-house counsel to cut the checks to the MWA scam artists. (Wink, Wink - nothing funny going on here your Honor, Scouts Honor....Trust us!)
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Re: MWA SETTLEMENT

Sick and dying
In reply to this post by Greg KELTY
The union is receiving money from the owners. They choose to pay our vacation checks instead of our insurance. Surely the can afford some coverage even at the reduced amount the owners are paying. They only want their assessment money and dues. Is this legal? The national labor board should contacted as our families are sick and are suffering. Local 2790 business rep told me last week to find another job. That's what we pay dues for? Shame on them
Ted
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Re: MWA SETTLEMENT

Ted
In reply to this post by Greg KELTY
When did EST Bilello and/or the Executive Committee and MWA negotiating new contracts for a CBA declare impasse?
__________________________________________
A recent ALJ Decision & Order in Region 22, Brooklyn, NY issued:

AFL WEB PRINTING v. LOCAL 1 AMALGAMATED LITHOGRAPHERS of AMERICA, dated March 5, 2013, at pg. 12/16:

I find that the Respondent’s implementation of its final contract proposal violated Section
8(a)(5) and (1) of the Act by unilaterally implementing changes to the employees’ terms and conditions of employment and in particular, the elimination of one of the three health plans previously offered to the unit employees, before reaching lawful impasse.{sound familiar}

In Taft Broadcasting Co., 163 NLRB 475, 478 (1967), the Board defined impasse as a situation where “good-faith negotiations have exhausted the prospects of concluding an agreement.” The burden of demonstrating the existence of impasse rests on the party claiming impasse, here the Respondent. Serramonte Oldsmobile, Inc., 318 NLRB 80, 97 (1995). It is clear that during negotiations, an employer may not make a unilateral
change to employees’ terms and conditions of employment unless there is a valid impasse.


It is also clear that the failure to provide information on a subject that is significant to the bargaining process precludes a valid impasse and the implementation of a final offer. KLB Industries, Inc., 357 NLRB No. 8 (2011), enfd. 700 F.3d 551 (D.C. Cir 2012); NLRB v. Katz, 369 U.S., 736, 743.
_________________________________

Fact: Neither side declared a valid impasse at any point of contract negotiations. Notwithstanding an arbitrators award, the Union as a self insured plan has a duty to furnish any/all relevant information requested and the corrseponding duty to bargain over any proposed changes to the plans offered.
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Re: MWA SETTLEMENT

James
Hey Greg, I have to disagree with you on the notion that we have a choice in going to arbitration or not. When a union and employers can't agree on something, they go to arbitration. I mean what other choice is there? Go on strike illegally, have the MWA sue us in court and win for much more? All they would have to do is go before a judge and say they asked for arbitration, the union said no and went on strike. A judge would decide in their favor for much much worse. This is a victory, we were facing the possiblilty of owing much more than $8mil.
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Re: MWA SETTLEMENT

Robert Kwiecinski
James the other choice that you have is to go to the NLRB and file charges against the NYCDCC, the MWA and Walsh for not acting in good faith to resolve the racketeering issue that has transpired.  The Sheil Gilbert MWA scam is raketeering at its finest and walsh lets this go to arbitration ? Walsh himself is now proven as a racketeer as he goes along with the arbitration which should never had been allowed. James your energy is better used to go to the NLRB and file charges to help your rank and file MWA members get all their money back retroactive and going forward. Remember James to give in to racketeering is not the right thing to do. Arbitration is giving in to the racketeers, who are, Sheil, Gilbert, the MWA, the NYCDCC,the UBC and walsh. Do not be complacent go directly to the NLRB and file the charges. No one in the NYCDCC, UBC,  is acting in good faith when they tell you you have to pay millions of dollars to these racketeers. Arbitration should never have even been considered. There is a lot of shenangins going on behind the scenes and these things nedd to be brought to light.
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Re: MWA SETTLEMENT

James
I agree it is wrong what transpired at Gilbert but regardless, when a company or organization is liable, it doesn't matter if the staff that made those decisions is still employed by the company or organization, it is still responsible, not the individual. Furthermore, the claim that someone is negotiating in "bad faith" is difficult to prove. How can you prove that Dennis Sheil wasn't negotiating in good faith? Despite the absolutely terrible agreement he made with Gilbert, if he honestly felt he was doing the best he could given his situation and the ongoing negotiations, then technically he negotiated in good faith.  In order to prosecute someone you need evidence, there is none. Again I'm agreeing with you how wrong this is, but it was hard enough just finding a copy of the Gilbert agreement, let alone any further evidence of what took place during those contract talks. So rather than focusing effort and energy on the past, we need to move forward.
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Re: MWA SETTLEMENT

THE FIX IS IN AGAIN
 Despite the absolutely terrible agreement he made with Gilbert, if he honestly felt he was doing the best he could given his situation and the ongoing negotiations, then technically he negotiated in good faith.

Is this Thomassen or Wallace or Caperso or Mcwilliams, or DW? Piss Poor try.
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Re: MWA SETTLEMENT

James
No it's not, I'm glad to see we're being mature about this
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Re: MWA SETTLEMENT

Robert Kwiecinski
In reply to this post by James
James, go to the NLRB right now (today) and file the charges. You will be surprised at the results and the due justice you will receive. If you do nothing you will contribute to the further robbery of the rank and files wages and benefits. Do not accept what the NYCDCC and walsh deem as the right thing to do. File the charges and you will be not only sticking up for your rights , but that of all NYCDCC carpenters.
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Re: MWA SETTLEMENT

James
Why haven't you filed charges?
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