– Re: MANDATORY ARBITRATION UNDER THE UBC CBA's
In Reply To
Is Breinginger v. Sheetmetal Workers not the controlling precedent for the U.S. Supreme Court regarding "EXCLUSIVE vs. NON-EXCLUSIVE" Hiring Halls?
On ULP's & running the clock, I agree with you....the average Joe will simply give up & walk away.
The way I see it post Luccassen from Day One of McCarron through today - pick a UBC Council, anywhere U.S.A., and the EST's, BA's & Employers all play the same game. The reality is, all now claim to be and/or state within their respective CbA's that they are no longer "closed shop" or "exclusive hiring halls" - rather, they pretend to be NON-EXCLUSIVE HIRING HALLS, or via semanitcs & similar Language...."REFERRAL HALLS".
In practice though, as many members know - the old days, they took care of your through the "GOON SQUAD"....jump ya-old fashioned beatdowns or just plain kill your ass.
Under Douggie, he plays it slicker & thus created this game we now play of referral halls, wereby - when you are assigned to the UBC ULTRA OWL, that is your death blow via ECONOMIC STARVATION instead of the old blood & guts way. This is apparently more palatable to the DOL, NLRB Board, the Appellate Courts & the Supreme Court - because it is cleaner, more white collar (UBC Corporatism) and essentially allows the mob to "go legit" so to speak.
McCarron has done this under the bogus claim that we need to ORGANIZE every Carpenter nationwide, so under the rulings now in his hand from paid off DOL, OLMS, NLRB shitbags ha can lay claim to the mantra, the mindset that "we represent all workers", we don't want to discriminate or get sued for Violations of the Union Security clause etc, so Beck & Breininger v. Sheet Metal Workers Local 6 allows them to feign compliance, while in reality - the UBC still runs Exclusive Hiring Halls.
HARRINGTON V.CHAO furthered his unfettered Dictatorial Control, which again via semantics, regular brainwashing of Convention Delegates he coins "representative democracy".
In the last 15-years since the inception of his reign, as Supreme Commander - Doug has largely succeeded in th tried & true methodology of divide & conquer.
While we spin in circles & fight battles over exclusive vs. non-exclusive halls, mobility & Out of Work List issues, who we should represent & Organize, Comet & Build Programs, Training - Doug & his crew are laughing their asses off.
This is not what they are after.
The entire point of this was to get to the UBC's Funds, which if people read the Funds Agreements supesede & control the CBA's.
Any Carpenter who believes the UBC gives a rats ass about the Individual, Individual Rights, how many manh-hours you get or do not get is in for a rude awakening. They care about one thing - Total MAN-HOURS and the vig, the take on each members check.
We have one International, 38 Regional Councils with $250 Billion in assests and while we are all working 40-50 hours a week & spending another week doing all the Local crap & playing Jailhouse Lawyers - Doug & crew have raped the Funds blind.
That is what the game is about to them, money, absolute control & power - and they love the power moreso than the dough, the whores, the lavish dinners and retreats.
You have to get them on the Money side of the Equation via Criminal RICO charges.
Civil RICO charges & allaged settlements prove nothing and do nothing as NYCDCC's 16-year Consent Decree amply proves. So they do the occasional perp walk, so what, that is all for show, to further distract, divide & conquer and to make the gullible believe in hope & change Obama style - please.
They have to go down on Criminal RICO charges first, via the money Trail(s) & they have to serve hard time, long sentences. Then & only then can we get back to a Democratically controlled UBC.
McCarron, his E-Board & all 38 EST's need to go down first via the above.
NOTE: I have read Collyer & I get the Duty of Fair Representation cases & the US Code. That path is a waste of time, can take years, hundreds of thousands in legal bills & resolves nothing, solves nothing because the ink is no sooner dry & they go back to business as usual.
The damage McCarron has wrought were they to go down tomorrow - would take 2-5 years to get through the Courts & we'd pay for their defense. It will take another dozen or so years to turn it around after that.
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).