Reply – Re: MOBILITY & the Right of Exclusion
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Re: MOBILITY & the Right of Exclusion
— by Ted Ted
 - CONT. -

UBC Attorneys for NERCC claim that the Mobility provision of the Contract (CBA) is an exception to the general rule, and this is where it runs afoul of the Law and where it must fail as a matter of law. This is also a clear example of the UBC International and its Regional/District Councils shopping NLRB Board Regions for favorable decisions gained in one Region and unilaterally applying the decision and order to all 50-States.

The NLRB Board and its General Counsel and Regional Director have failed to enforce the specific requirements of their original or amended Decision & Order (D & O) or to correct and strike the illegal languages from the NERCC 6-State Contracts (CBA’s). Their participation in this case, as a means to backdoor a legislative amendment to the NLRA, in collusion with the UBCJA warrants an investigation into the Inferior Agency of the Executive Branch…the NLRB & its Region 1 Office by the United States Department of Justice or Office of the Inspector General. The Board Agents and the General Counsel are sworn to uphold the law, not circumvent it for political reasons. Their actions are grossly negligent and warrant at a minimum fines and suspensions from the practice of law.

Douglas J. McCarron, Frank Spencer and John Ballantyne have suspended all NYCDCC Local’s autonomy as a fraudulent means to change the By-Laws, exercise a veto power, and to put forth a Restructuring Plan which incorporates 100% Full Mobility throughout the NYC District Council of Carpenters and one which incorporates the entire State of New York; and which merges and consolidates Local Union rank & file workers/employees. {Restructuring Plan dated 5-26-11 at pg. 131 at 2. and at By-Laws Section 38, pg. 123 of 138, or pg. 28 of bylaws as a separate document}

 Under the law(s), this is fraudulent inducement, as the UBC International, with malice & fore-thought has intentionally deceived the US Attorney, the Independent Review Officer and the Court by with-holding these facts from them. Coupled together with the current 67% - 33% Rule, favoring Contractor Association workers and employees, wherein Contractors can increase the 67% ratio with other added rules under the Consent Decree, the Mobility provision fairly said – eats away an additional 30% in the Contractor Association and Contractor favor and effectively grants exclusive control and license to them of the Union Hiring Halls and the Out of Work List (OOWL). Not only does this disenfranchise workers and employees who rely upon the OOWL & Hiring Hall Rules under the Consent Decree, it is openly discriminatory and provides the  Contractor Associations a monopoly control over all hiring and violates the terms and conditions of the Consent Decree.

In NLRB Mountain Pacific, page 894, the portions not over-ruled, the Board noted:

"The Respondents do not, nor could they, argue that this contract does not make employment conditional upon union approval, for a more complete and outright surrender of the normal management hiring prerogative to a union could hardly be phrased in contract language. The fact that the Agreement limits the unions exclusive control to a 48-hour period after a request for employees is immaterial, for if unqualified exclusive delegation of hiring to a Union is unlawful, the vice is not cured by a reversion back to the employer of the hiring privilege after the union is unable to enjoy the power conferred upon it."2