– Re: 50-50% or 67-33% or 90%-10% EXCLUSIVE NYCDCC HIRING HALL
In Reply To
The infallible Judge Richard M. Bermans approval of New York & Vicinity Distirct Council of Carpenters Collective Bargaining Agreements (CBA's) is being called on the carpet for his approval of alleged "hiring preferences' & the associated tie in to the District Councils Out of Work List (OWL) run by non-union, non carpenter personnel chosen by the Ccourt and District Council without member consent or member vote.
As with all UBCJA legal matters and Court cases or Board procedures wherein one District Council sues another - all of us must look not only at the facts of the case as presented by either side, but;
* whether the case being presented is the actual truth,
* what the fabricated lies & elements of the case might actually be;
for when the United Brotherhood of Carpenters and Joiners of America appears in any NLRB forum or any Superior Court, State Court, Federal District Court or State or Federal Appeals Court you can be sure that what appears on the face or surface of the case; or the facts as the UBCJA or its subordinate District Council are arguing is not the truth, nor is it what they are really after - given the UBCJA's corrupt past and current practices under the direction of Douglas J. McCarron as there is always an ulterior or corrupt motive.
The case to be presented and discussed and all of the requisite precedent case law from the NLRB Board as well as the Appellate Courts and U.S. Supreme Court has long been discussed and presented in great detail on 157 blogspot for a half dozen years and presented in Judge Bermans court room as well; all of it falling on the deaf, dumb & blind ears and eyes at the RO's Office, the United States Attorneys Office and the Federal District Court itself.
Currently, after 25-1/2 years there is no ready end in sight to the Criminal RICO case presented by the U.S. Attorneys Office for the Southern District of New York (S.D.N.Y.) which the UBCJA and Goverment converted to a private Civil RICO Consent Decree - a private Contract wherein the benefit of the corrupt bargain inure to:
$$$ the lawyers first,
$$$ the UBCJA second,
$$$ the Court third and;
the members are left unrepresented by a corrupt system and corrupt Private Contract by and between the corrupt UBCJA International and the corrupt Federal Government represented in this case by the United States Attorneys Office (U.S.A.O.) S.D.N.Y. and its lead attorney Preet Bharrara on a contract so corrupt and illegal it denies them 'standing' but also which crushes and obliterates the absolute and guaranteed Constitutional right of Due Process and leaves that right desolate of meaning while they unilaterally siphon and convert member funds to their own purposes.
In short - the entire case whether viewed from the criminal allegations initially alleged or the revamped private Contract version under the so called Civil RICO Consent Decree - continues to be an Abortion of Justice; for without standing in a court of law, no members Due Process rights can be rightfully vindicated.
25-1/2 Years of the UBCJA, the NYCDCC, the Court appointed Review Officers and the United States Attorneys Office malfeasance, direct participation in further criminal extortion scams replete with the goverment and courts rubber stamp of approval have borne those acts out far beyond a reasonable doubt; the criminal standard they use to judge and try others.
These very same actors couldn't even pass scrutiny under a civil standard of the preponderance of the evidence for their jointly conspired crimes against the rank & file members, wherein back-room, in chambers deal making is the rule of law every time they meet or confer.
What we have here are lawyers who don't know or comprehend the basics of Labor Law 101, lawyers and corrupt judges who do not know or comprehend NLRB Board or Court precedent(s) at any level. a former judge playing IRO one day & then using that position to bring his firm a contract with the UBCJA International; the phony revolving door of injustice such that this farcical case makes the current court under Judge Berman & USAO Preet Bhararra look like Judge Henry T. Flemings court room in 'And Justice for All'.
And while they all play their games and continue to rape the member Trust Funds for their hourly billings, fees & expenses, this case has become old enough where the initial prosecutors kids will be out of law school looking to make their career and a buck on the backs of working carpenters for the next 25-years in this contemptable abortive case.
Questions to be asked:
** What is Doug McCarron & the UBCJA after?
** Who are McCarrons puppet masters & what are they after?
** What does the Northeast District Council & the New York & Vicinity District Council really want want in this case? And, does it matter when Doug McCarron and his puppet masters are driving the legal matters in this case.
** What do the Contractor Associations want in this case?
** What does the ALJ & NLRB Board want in this case?
** Who is more powerful - the Federal District Court Judge Richard M. Berman or the NLRB ALJ Green or the full NLRB Board in Washington; D.C.?
** What agenda does the NLRB suddenly have intervening after 25-1/2 years? Who paid them off? What political purpose does this suit within the current NLRB Board and who are they serving by ruling the way they have? And, is it legal and does their ruling comport with actual law or precedent or is it purely political?
** Why do the NLRB and the Federal District Court & Judge Berman steadfastly ignore the NLRA as written and why do they both presume to think they can amend Federal law without Congressional approval? (given they're all legal & Constitutional or Labor law scholars)
** Why do the NLRB & the Federal District Court under Judge Berman ignore the differences in an 8(f) hiring agreement verses a 9(a) hiring agreement and why do all sides refuse to enforce Federal law and offer/show corroborating evidence of actual 'signed Authorization Cards' and by not doing so what benefits do the Locals, the District Councils & the UBCJA International receive?
** How does all of the above impact and effect NYCDCC members and who in these proceedings is representing your interests and enforcing the law on your behalf - particularly members using the Hiring Hall or, non-company men.