Carpenters Local 925 was the lead case used by the International UBCJA to consolidate power to a Council level. However, it did reveal other aspects of Labor Law relevant to Locals & their powers, as well as "affiliation" rationale.
- Business Agents are Supervisors under the NLRA
- Respondent Local is an integral part of a multi-state enterprise
- Sup Ct. - Labor Unions should be treated like any other Employer with regard to their own Employees, 353 U.S. 313 (1957)
- Respondent District Council does not remit any funds on its own behalf to the UBCJA, its 5 affiliated Locals, in the aggregate, during calender year 1983, remitted to the UBCJA per capita taxes in an amount in excess of of $100k, and the subject Local in excess of $28k
- page 1059, std. 3-prong test for prima-facie case showing under Wright Line, also discusses "pre-textual" matters.
This case led directly to the new Council Structure which began in 1988 under Sig Lucassen. McCarron then jumped on it & abused it to his desires & push for all out Dictatorial Control of the International & the Councils under his direct Authority and he has systematically changed the UBCJA Constitution so that the majority of it falls so far outside the NLRA, LMRA, LMRDA & Appellate & Supreme Court landmark & precedent cases that McCarrons UBCJA Constitution has all but negated every law on the book relative to labor.
What should be gleaned form this case, is simply this - w/o Funding, the District Councils have no power. Without Funds and the per capita tax the District Council does not exist!
When Locals elect leaders with the brains and hire competent legal counsel to represent members interests; they shall with-hold said funding (per capita tax), dis-affiliate and/or conduct a decertification election if need be & watch the Councils drown in red ink. The Locals within a Council have to band together to fight this & simultaneously with-hold the funding.
Can the Councils survive for a while, get injunctions, play legal games - sure, but so too can the Locals.
The Key Test is simply this:
Who is the Integral Part of a Multi-State Enterprise engaged in Commerce; the Local, or the Council?
Answer - the Local is. The Council does not exist "but for" the Local. The same can be said for Doug McCarron and the International UBCJA as well as each and every Benefit Trust Fund, all funds of which are generated by wage deductions with-held from employees pay.
Without the 'employee', none of the Benefit Trust Funds would exist; thus, their false claim that they are a 'separate entity' and/or legal 'corporation' fails. That's nothing more than a paper charade so they can get their hands on the billions of dollars in with-held employee wages.