(1) The standing order mandated by Federal Judge Haight, dated May 26, 2009 mandated a 67% - 33% Hiring Ratio from the Councils (OUT OF WORK LIST)......Since The Carpenters Union Approved this new Thing Called (FULL MOBILITY).....Does Judge Haight Have To APPROVE (Full Mobility) ????? Before It Can Become LAW??????....
Yes but all Company men must be NYCDCC or they will be matched 1 for 1
Manning Provision- The first carpenter on the jobsite shall be the Foreman and may be
selected by the Employer. The second carpenter shall be the shop steward referred by the
Union. The remainder of the carpenters shall be selected by the Employer. Any employees not
members of the NYCDCC shall be matched 1:1 from the NYCDCC Job Referral List.
So For Example...If ABC Construction Company Had 20 Guys In The Company That Were From The (New Jersey Carpenters Union)....Every Times Those Guys Worked On a Job In NYC....They Would Have To Be Matched From The NYC Out Of Work List......So The Question Is....(1) ABC Construction Has a Few Options To BEAT This....They Could Get Rid Of All Their NEW Jersey Carpenters And Only Hire 99 Percent Of Their Own New York Carpenters.....Or.....What Rules Are In Place To Prevent Out Of State Carpenters From Transferring Their Union Cards To Get NYC Union Cards?......
The Math Just Doesnt Add Up.......Every Job Ive Ever Been On In My Life Was Mostly NYC Carpenters....Once In a Blue Moon You Get 1 Guy On The Job From New Jersey Or Long Island....There Are Not Enough (Out Of Town Carpenters).....To Put 5000 Unemployed NYC Carpenters To Work Every Year By Matching Them...
AnonymousAugust 23, 2012 6:50 PM
Full Mobility negates the 67% - 33% Standing Order of Judge Haight dated May 26, 2009 and it cannot be negotiated away via an alleged Contract Negotiation btwn. the D.C. & the Wall & Ceiling Contractor Association - period.
The D.C. Executives and their in house and outside counsel have failed the class on lessons learned ala Forde & Thomassen as directly related to the OWL & Referral List.
The Standing Order of a sitting Federal Judge cannot be negotiated away via a Collective Bargaining Agreement (CBA) for a new Contract. Moreover, the D.C., its Attorneys of record & Contractor Associations and their Attorneys of Record and the UBCJA International and their Attorneys of Record cannot do this without filing a formal legal motion & challenge to same and witout having the current sitting Judge, Richard M. Berman issue a ruling from the bench and in writing and on the record for all to hear & see. To date, this has not been done.
This mindset that the District Council & a Contractor Associations can end run, negate, alter and amend a Federal Court Standing Order via a Restructuring Plan and/or letter writing campaign or via a CBA negotiation w/o filing the proper Motions before the Court undermines the inherent authority of the Court itself as well as that assumed under the Courts monitoring of the 1994 Consent Decree.
In the interim, there is a deafening silence on this subject matter from the United States Attorney's Office.
Every Delegate has a duty to bring this issue to light and to make the proper Motions at tomorrows meeting to table the Vote until the Wall & Ceiling and the UBCJA International (the two chief proponents) and their respective legal counsel submit this properly before Judge Berman. Without said submission's any & all votes cast are illegal!
This is a classic case of the inmates running the asylum; and, it would be akin to an inmate (Forde) and a Probation Officer negotiating a new sentence for a convicted felon among themselves w/o the direct involvement of the court. It would be like Forde taking a vote at his lunch table to reduce his sentence to time served...all those in favor say aay?
Now how far do you think he would get with a move like that? Time to use the bean....ole Douggie boy & Judge Conboy are using the new exec's to get to try & pass what they could not get over on Judge Berman. This is round 2.
It is not the purview of the U.S.A.O or R.O. to inject themselves directly into contract negotiations for any new CBA and/or insist that terms & conditions voted down by the rank & file (Full Mobility, Magic Stewie Wand (scanners)) be inserted into any new contract and to then deny the members the right to ratify or reject it via a Secret Ballot vote. The USAO & RO are there to prevent & detect corruption, not to further it or to ignore the law in whole or in part.
When the standing order for the 67% - 33% OWL-Referral procedure dated MAT 26, 2009 is ignored by the two parties with standing who are also members of the State Bar without formal submissions & briefs to the Court; well, Houston, we got a problem.
AnonymousAugust 23, 2012 7:41 PM
The New York & Vicinity District Council of Carpenters, the "District Council" receives Federal funding for both Apprentice & Journeyman programs to ensure that woman, minorities & the so called aged (50+) are adequately & fairly represented.
Many of said members noted above work "from the Hiring Hall" as their exclusive source of Employment.
The Out of Work List (OOWL) & Referral Program for such rank & file members who rely wholly upon it as their only means to be placed on District Council jobsites came with a specific caveat, the being the 50% - 50% Rule, which was subsequently amended via formal Motion to the current 67% - 33% Rule upon a standing order of the honorale Judge Haight, dated May 26, 2009 (7-page ruling).
The D.C. Officers & Executive Committee just committed a grave infractionof the Consent Decree by their unilateral implementation with a known & corrupt Contractor Association - the Wall & Ceiling folk. People seem to forget tha their last employer trustee/fiduciary Joe Oliveri was indicted, tried & convicted for perjury.
Yet, these same people are not under investigation & review by the court, the R.O. or the United States Attorney's Office when they implement via a phony vote a uniquely discriminatory policy, which by its very design will eliminate the majority of work for the aformentioned parties described above.
The fact is, the discrimination these folk will face is open, notorious & hostile to their interests and will negate them from the rolls of the District Council.
Surely, this cannot stand.
The rank & file working Carpenters are note to become a labor experiment for the Review Officer or the the U.S. Attorneys Office while they play game & take years to decide if their views & policies which mimick directly that which the UBCJA International & ex Judge Conboy could not get away with wihtout so much as a wimper from Federal Judge Richard M. Berman.
Condoning discrimination of these members is abhorrent and just plain wrong. Ignoring the law while pushing this Contract is a disgrace.
Affected members sould file for a temporary injunction and a permanent one once that issue is resolved.
Just RE-Posted a Message By Anonymous.....And I Think The Post Is Pretty Accurate!!!!....THIS CASE IS GOING TO COURT!!!!....And I Also Feel That ANY DELEGATES That Voted In Favor Of This Deal SHOULD START PACKING YOUR BAGS NOW!!!!!!......THE MEMBERS NEED TO REMOVE YOU ASAP!!!!!!!
unless that juge does something we r done and i know a couple of those shit bags that voted yes and if i see them again forget it they promise up and down take care of the brothers and i here they voted for this shite they will regret it