– Re: An Observation By Dennis Walsh
In Reply To
Not only is this a prima-facie violation of the NLRA, notwithstanding the temporary suspension of the District Council's autonomy while under a temporary Trusteeship - it is an arrogant but true admittance of its clear intention to run not only this District Council, but all Regional District Councils and Local Unions in the U.S.A. as an unfettered Dictatorship.
Dictators rule via autocratic fiat and proclamation.
Douglas McCarron does this right under the nose all parties and no one blinks, no one acts.
After 21-year of a failed Consent Decree, 16+ of which have been under his direct watch and control - most parties can discern the true source of the continued problems, the others are in denial or simply not telling the truth.
UBCJA Carpenters working in the NYCDCC fund the International Unions legal bills, they fund the District Council's legal bills and they pay for the costs of the IRO and via indirect Federal taxes pay for the US Attorney - Yet, for 21-years find no justice.
This fact should be a source of concern and embarassment for the IRO & U.S. Attorneys office.
What we need here is an audit in full, broken down on a yearly basis which lines out in specific detail every cent spent on legal matters involving this Consent Decree, starting with 1990. Given the UBCJA's involvement as a party, this audit should be conducted by an independent third party.
The fact that UBCJA member carpenters are paying directly & indirectly all the associated legal billings, for the Plaintiff's & the Defendants and the parties are playing under relaxed conferencing rules does not lend credence to the idea that this Consent Decree will not go on for an additional 21-years.
Perhaps, simply showing up & submiiting the invoices for 'billable hours' has become just another easy money day at the Court - with little, if anything to show for it.
After 21-years, Judge Berman needs to ask the United States Attorneys office why they have failed to review the UBC Constitution, the NYCDCC By-Laws, the NLRA & LMRDA in tandem and why they have failed to take out their veto pen and and strike any & all portions of the UBC Constitution & NYCDCC By-Laws & sever same on a line item basis.
The UBC Carpenters are entitled to a straight answer to these few simple questions.
Suffice to say that the Court & the IRO and the US Attorney should all want to see a copy of the audited financial Legal billings and expenses for all parties involved in this case.
Preservation of the status-quo is not the answer, nor is allowing the UBC International another bite at the proverbial apple.
When matters of law are at issue, whether old or new, when the legislature who authored the laws do not do so with certainty and clarity - Courts turn to the legislative history of the law in question and to the authors of it.
The LMRDA which passed in 1959 was one such area. The Kennedy-Irvin bill details such specificity: At 1102 ,Senator McClellan believed that...
" we ought to start with the union man, with the worker, and to relieve him from the oppression which has been thrust upon him in some places. We should restore to him his rights. We should vest in him again the power to do something to protect his rights. We must give him the authority again to run his own union. We must pass a law, such as the measure now proposed, which will enable [**9] him to prevent usurpation by would be exploiters. Let us start to help the worker."
105 Cong. Rec. 5813 (daily ed. Apr. 22, 1959).
Douglas J. McCarron is one such exploiter, one who seeks to usurp all form and manner of law, and that is patently obvious to all. The US Attorney's office and the RO are the Lawyers for the NYCDCC rank & file worker, yet - they stand in agreement with Doug McCarron and force members to fight them first.
The United States Supreme Court has ruled against any centralized form of government and these decisions stand and have not been over-turned.
The UBCJA's constitution & by-laws do not supersede any federal law, any state law and more specifically the federal Constitution.
The By-Law changes in the proposed Restructuring Plan submitted May 26, 2011, wherein the UBCJA International declares unto itself all plenary power, that are reserved for a Court; the UBCJA International claims unto itself, all Executive, Legislative & Judicial functions of the NYCDCC via a new "centralized" form of government.