– Re: MOBILITY & the Right of Exclusion
In Reply To
The United Brotherhood of Carpenters & Joiners of America (UBCJA) International union, its General President Douglas J. McCarron and their counsel of record, Latham and Watkins, LLP have put the Lebovitz decision and the Mobility issue square on the table, via their incorporation of the National Restructuring Plan into the May 26, 2011 NYCDCC Restructuring Plan, Exhibit “D”, Page 131, which stated:
Re: UBCJA (undated) 8-page “Memorandum” by Phil Newkirk, Chief of Staff, page 131-138 at 5, “The proposed LU [Local Union] restructuring for the for the above referenced LU’S [Local Unions] is based on the premise that, while Local Unions play an integral role in the structure of the UBC, there exists an unnecessary number of LU’s that are holdovers from a previous construction era. During that earlier era, LU’s were structured in a way that was consistent with the provincial attitudes of the members residing in many ethnic neighborhoods throughout New York City. Additionally, in that era construction was largely localized and contractors rarely traveled outside of the boroughs they resided in, with many contractors not traveling beyond a limited number of neighborhoods within the borough.”
“However, in today’s construction market, Union contractors are increasingly mobile, chasing work across borough, city and state borders. They employ Union Carpenters who may be members of a LU within a given borough, but are quite possibly residents of an entirely different borough or city. Given the mobility of today’s industry and workforce, it is not necessary to have numerous Carpenter LU’s [Local Unions] scattered throughout New York City. That simply results in unnecessary duplication of administrative resources and costs, resources that could be better directed towards organizing and work growth.”
Movants note that the “holdovers from a previous construction era” and the “provincial attitudes of members residing in many ethnic neighborhoods of New York City” lines are just that. There isn’t any factual basis for these lies, but they must tell a story to avoid the obvious – that being, following the law. NYC is the largest and most racially diverse cities in the nation, and Newkirks statements appear racist and discriminatory, as neither have anything to do with the Mobility issue with the exception of creating a diversion to the Court to cloud the real issue, the UBC’S patent attempt to end run labor laws and avoid motion practice on same.
The fact is, the UBCJA Signatory General Contractors & Subcontractors have always worked across city, borough, county & state borders and have done so since the advent of the automobile, and prior to that as well. The UBCJA signatories noted above, although all are contractually bound to work Union, bound to pay the contracted wage and benefit rates, abide by Davis-Bacon regulations, prevailing wage laws, certified payroll requirements etc., said signatories also like to run afoul of the Union Contract and devise “double breasted and alter-ego corporation” so they can avoid paying the prevailing Union Contract Wage and Benefit scale; and, to substitute it with that of the Non-Union Associated Building and Contractor wage rates.
To get around this, and to end run the labor laws in Union States, large cities such as New York – and to afford themselves with the opportunity to skirt and avoid NRLA Sec. 14(b), the UBCJA devised the “Mobility Scheme” as the primary vehicle to bring in out of state travelers and pay them their lower wage rates when said workers came from an adjoining Union State and Regional or District Council; and to pay the Non-Union wage scale whenever they can get away with it.
The real predicate behind the Mobility Scheme is furthered by the introduction of the Non-Union worker, the 1099 Independent Contractor category and predominately of the illegal alien & undocumented work force, all of whom work for Cash without any Benefits. As NYCDCC and this Court well know, the Mobility clause in Union Collective Bargaining Agreements (CBA’s) is the primary magnet leading directly to the fraud in the first instance.
The fraud costs honest UBC Local Union members their jobs and robs them of their livelihood, property and ability to build and sustain wealth and costs taxpayers hundreds of millions of dollars throughout the State of New York.
UBCJA Local Unions are sized proportionally to the dollar volume of work which a given Local Union in a defined Geographical Jurisdiction produces on a historical basis. Local union members who live, work, shop, own homes and who pay property taxes are effectively locked out of work when they are replaced with these “travelers”.
When Local Union workers are not on the Projects in their Jurisdictional areas, and where the predominant body of the work force is made up of a core group of travelers and illegal aliens/undocumented workers & employees, working for cash and without benefits, who are without any vested interest in the area where the project is located, and when no one is watching – the fraud & corruption only accelerates. The signatory Contractors encourage it, as was demonstrated within all of the testimony relevant to the August 5, 2009 indictments (Forde, Greaney & others)
The last line of defense, is the District Council assigned Certified Shop Steward, yet, as has just been proven, when he or she is the lone wolf on the job, the same Contractors who are defrauding the Benefit Funds and who fail to pay Workers Compensation, Unemployment Insurance, State & Federal Taxes, Social Security & Medicare/Medicaid etc, defraud the Local Union rank & file member, unduly increase the amount of time said members spend on the so called Out of Work List (OWL) an further induce Unemployment Insurance fraud by forcing the State & Federal Government to pay claims to Local Union members who would otherwise be working, paying all of the aforementioned taxes and insurance and who would therein not be a drain on these critical systems.
Mobility is a power grab by McCarron, which by design enriches and lines the pockets of corrupt Union & Contractor Association employers who maintain their mob connections. The UBCJA does not have clean hands in these matters, as it is their direct policies and violations of the laws which directly caused the fraud.
When you eliminate the Local Unions and consolidate them to the point of creating mega-locals and replace it with Doug McCarron's Right to Work State Mobility Scheme, the specific intent is to increase the power/money grab for those at the top and to create a vacuum of eyes, ears and voices at the bottom; and negate and eviscerate the NLRA & LMRDA which the United States Congress via legislation created. McCarron's fraudulent extension of the LMRDA Trusteeship was designed with one express purpose in mind, handing the project Owners & Developers over $5 Billion dollars in unilaterlally executed PLA's.
The USAO & the Court should be inquiring in to exactly what the finders fee on those amounts of kick-backs are. McCarron & Conboy are making Forde & Greaney look like a couple of girl scouts by comparison.
The primary aim herein is to silence those who oppose the UBCJA International taking on the role of Congress and effectively vetoing the NLRA in its entirety and, by coercion, fraud and intimidation, under the threat & fear of economic reprisal (black-listing).
The UBCJA Internationals Mobility scheme serves as an effective veto over the legislative branch or Congressional authority to author, write, pass or amend laws. The UBCJA cannot usurp what is clearly Congress’s, nor can it substitute its scheme under the false claim of an economic emergency or crisis, nor can the NLRB.
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