NERCC has steadfastly refused to comply with the Decision & Order (D & 0), and failed/refused to post anyone of the Decisions of the NLRB Board in any of the 27 Local NERCC Union Hiring Halls.
Leave an e-mail & I will shoot you a copy of the letter to the NLRB Board.
CLICK HERE FOR THE BRIEFS & CASE RESULTS http://www.nlrb.gov/case/34-CB-003047
Past this: GOOGLE RTW States, you will find NEW YORK is not one of them. Under the NLRA & furthered by Supreme Court precedent(s), Federal Pre-emption does not apply, thus - State Law(s) control Right to Work issues and the matter would be tried in the State of New York and not at the Federal level.
The NLRA (bottom right on www.nlrb.gov) Section 14(b) Governs RTW issues relevant to Union & Non-Union Labor issues, of which this "JURISDICTIONAL ISSUE" is but one.
Following this is the Supreme Court precedent/landmark cases relevant to property rights (what constitutes "PROPERTY") which I will leave out of the conversation for now.
First, people need to wrap their minds around this issue per the above.
For those inclined to argue these legal points, the only thing the UBC or a Council can do is to redefine a "LOCALS JUURISDICTIONAL AREA - CITIES & TOWNS DEFINED IN THE CONTRACT, THE CBA"), past that - the UBC INTERNATIONALS Doug McCarron or the clowns running any of the 38 UBC Councils haven't a legal leg to stand on.
RO Walsh & his staff of Attorneys should pursue this issue as well & I note that they are not here to side with the UBC, with Judge Conboy & push the UBC's agenda upon the rank & file as a fait accompli, yet it appears the good ole boys club is fast at work to do just that, particularly given that lame presentation described in the 57 (1/2 page) transcript for the April 6th "conference".
For a Federal Court, allowing this to go on is a disgrace. Judge Berman should be constrained to formal Motion practice, per the Federal Rules of Civil procedure and force the UBC to submit formal briefs on each & every issue they argue for under the consent decree. The wink-wink, nod-nod shananigans going on in that court are a complete joke.
Barring that, Berman should be removed and replaced by a judge who will follow the rule of law!!
BYKLN - your welcome, here is the UBC Local 43 (McDowell Building & Foundation) and Kevin Lebovitz case-law submitted. NOTE: Post New Process Steel, neither NERCC or their attorney Souris, Krakow & Birmingham, nor Kevin Lebovitz himself filed an Enforcement measure to have the 12-31-09 slip opinion from the NLRB Board "enforced". I did that personally, through phone calls to DC & the NLRB General Counsel and through a letter submitted August 5, 2010 directly to the GC.