Reply – Re: MOBILITY & the Right of Exclusion
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Re: MOBILITY & the Right of Exclusion
— by Ted Ted
NYCDCC EXCLUSIVE HIRING HALL per NLRB & 2nd Circuit standing decisions & orders in the Gene Clarke cases.

90% - 10% let's go, time to get it done! Where are the Reports requested? Delegates?


In Kaiser Aetna v. United States, 444 US 164 (1979), the United States Supreme Court stated….”one of the most essential sticks in the bundle of rights that are commonly characterized as property – the right to exclude others”.

The exclusion principle thus requires that NYCDCC rank & file members LMRDA Property Rights are enforced by the Federal Court & Judge Richard Berman. The United States Attorneys Office (U.S.A.O.) and Benjamin Torrance should be taking the lead in this endeavor via enforcing the laws already on the Books, and via utilizing the 2nd Circuit as well as the Supreme Court precedent decisions on the subject.

The right to exclude others thus entails the USAO Torrance & Judge Berman involving themselves squarely in the exisiting standing order of Judge Haight, first and foremost via enforcing the exisiting 67/33% ruling of the Court and second:

Backing it up with hard-core Statistical analysis provided by the Benefit Funds & Mr. Epstein, from  May 26, 2009 Judge HAIGHT 67%-33% ruling through January 31, 2012.

Given the millions of dollars spent on Computer Hardware and Proprietary Software used by the Trust Funds, there is no reason or excuse for a Report not to be ordered and issued to Judge Berman for his review and scrutiny.

     How many man-hours were recorded by those living in one of the 5-boroughs from 2009-2012 (current day) vs. how many man-hours were recorded by those who do not live within the Geographical Jurisdiction of the NYCDCC.

The fact is, the UBC International & the DC Attorneys will refuse to produce the report because it will clearly show that they have failed to abide by Judge Haight's 2009 order, thus leading to contempt charges.
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5,000 + Good men & woman on NYC's OWL demand no less attention to detail...

Point, click & ship (to borrow a phrase from UPS) is the reason we have computers - given Doug's "sophisticated Contractor" argument. Let's go, shake a leg, time to cough it up! The DC spends millions on salaries, computer hardware & software, so it's time for the quick retrieval of information and it is time for an Executive decision.