– Re: 50-50% or 67-33% HISTORICAL ANALYSIS
In Reply To
From 2001 through the January 13, 2009 memorandum of Opinion & Order, the NYCDCC allowed the Contractor Associations to make unlimited requests and to avoid the OWL list.
For this - Peter Thomassen & the DC were held in contempt of the Consent Decree.
Gene Clarke was granted amicus curie status & the Contractor Associations were granted motions to intervene. The end result was the Haight Ruling dated May 26, 2009, a mere 71 days prior to the August 5, 2009 indictments, arrest's and what began the UBCJA International's LMRDA Trusteeship while they feigned clean hands.
For eight (8) plus years the Contractor Assoc. had an unfettered 100% hiring Rule in effect. Punishment for the offenses via the Court exercising its inherent authority under the All Writs Act, 28 U.S.C. Sect. 1651(a) to alter provisions in the Collective Bargaining Agreement (CBA) between the District Council and the Intervenors (Contractor Associations),reduced it to 67% and obvioulsy failed to stop the fraud, corruption or racketeering and the Contractors again soon figured out ways around it. 50-50% appeared to lead to triple pike's with 2-1/2 twists off the Triboro Bridge, body never found, beatings, stabbings etc.
Also, under the 130+ Project Labor Agreements (PLA's) executed, covering project durations of 2-5 years, plus an additonal contractual one (1) Year Warranty Period for any & all call backs/servicing etc, the PLA's thus executed contractually require all candidates to go through the Union Hiring Halls, the NYCDCC, is an Exclusive Hiring Hall and should remain such, noting that the 10% direct Employer Requests defined as foreman, general foreman & superintendents have the ability to hire & fire and are statutory supervisors under the NLRA and Board precedent.
In the 22-year & 4-month History of the Criminal RICO action, 17+ of which have been under a public-private contract via the March 3, 1994 Consent Decree, every program tried by the UBCJA International, USAO & former IRO (Judge Conboy) relative to the Employer Referral Systems, which said parties have controlled nearly unilaterally, have failed to end the Racketeering, Fraud & Corruption, Discrimination in Hiring, or to fully restore any semblance of Democracy, thus the two Primary Prongs of the Consent Decree have not been achieved.
The UBCJA International & Contractor Associations had direct control under their 1997 Restructuring Plan through Janaury 11, 2012, and their 15-year history together has only exacerbated the racketeering, fraud and corruption.
While they feign "clean hands", the results say otherwise and their continued mocking of the Court's authority needs to end and that begins with a firm hand, orders to appear and formal motion practice, no excuses. Contempt orders should issue where appropriate and with fines directed at getting their attention. McCarron has nothing but utter contempt for the Court, no different than his disdain for working men and woman of this Council.
It is time for the new RO, the new Judge and the newly elected DC team to formulate another approach, free from UBCJA interference or any form of direct control or reversion of control to the Contractor Associations or UBC International.
Given the above systems failed to eliminate the rampant fraud & corruption - it is time for Judge Richard M. Berman to exercise his authority and to approve a 90% Union Referral and a 10% Contractor Association/Employer request system.
90% - 10% wherein the DC retains control of all Hiring as an Exclusive Hiring Hall and 10% of hires constitute company men, or foreman, general foreman and superintendents as direct requests. This is required to both restore Democracy and to eliminate the Racketeering, Fraud & Corruption which the parites with direct standing have failed to control for 22-years, 4-months.
The new By-Laws and specific controls initiated by the RO through the Court warrant this program being implemented immediately.