– Re: EXCLUSIVE NYCDCC HIRING HALL the HARTE, McMURRAY & CLARKE legacy vs....
In Reply To
The Thirteenth Amendment reads:
"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
"Section 2. Congress shall have power to enforce this article by appropriate legislation."
U.S.C. Title 8, Section 56, reads:
"The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or the United States, and all acts, laws, resolutions, orders, regulations, or usages of any Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void."
U.S.C. Title 18, Section 444:
"Whoever holds, arrests, returns, or causes to be held, arrested, or returned, or in any manner aids in the arrest or return of any person to a condition of peonage shall be fined not more than $5,000, or imprisoned not more than five years, or both."
The UBC's Master Plan for a yearly $256M Extortion scheme, which is soon to be a half Billion Dollar per year $512M Extortion scheme from members vacation wages or any form of wages for that matter, does not pass scrutiny.
To force and coerce involuntary servitude via leaflet, banner, picket duty etc. and disguise it as a refund and/or via a name change to "working dues", or "working dues assessment" also does not pass muster, morally, legally or otherwise, notwithstanding the bamboozling of a senile old judge under the Federal RICO Consent Decree.
Massachusetts now requires the Union's form an employment contract with the person performing the leaflet, banner or picket duty, so that proper application of employment laws, liability and recoupment of income taxes etc attach.
This includes both Union Members and/or bums they find on the street. In the south and southwest, the UBCJA regularly hires non carpenters or bums off the street to perform these duties as Union members refuse to do so. The International which creates these policies and condones their continued use by individual EST's and District or Regional Councils also do not withstand scrutiny.
In the NYCDCC, the fact that Roger Newman, IRO Judge Conboy and the current RO endorsed the policy and the illegal exactions also does not save it from the inherent illegality. Because the USAO & IRO ran to Court under the guise of an internal Union Rule and simple By-law change, it was by design meant to intimidate the rank & file member to believe that it had an air of credibility. It does not. Rather, it was used as part of the coercive scheme to continue the extortion, fraud and involuntary servitude under threat of fine, expulsion or removal from the OWL list; under the so called watchful eye of the United States Attorneys office and the power of the Federal Government who is admittedly engaged in a private contract making it complicit in the scheme to defraud rank & file members to either cough up the tribute money to the DC & the UBC International, or - to submit, become indentured initially for 2-seven (7) hour days and subsequently one (1) seven (7) hour day against their will.
The United States Attorneys Office is charged with enforcing the laws, not willfully or by gross negligence assisting the UBCJA & NYCDCC continue violating the laws as are the other attorneys and parties of record in the matter of the Federal RICO Consent Decree.
Regardless of whether a rank & file members submits or pretends not to and thus claims it is voluntary, in either case the indentured servitude remains and it does not remove it from illegal conditions mandated by Federal law or State law(s).
The UBCJA International seems to believe that its venerable UBC Constitution stands supreme above all the laws of the land, including the Federal Constitution and State laws; and, once we start discussing the total take, the extortionate part of said scheme becomes clear and plain for all to see. The BLUE CARD is a Brinks Job of grand proportion.
The UBCJA Internationals master scheme to force its Union Carpenters to work as "PROVISIONAL CARPENTERS" in a new Local Union wherein the autocratic fiat of one clearly corrupt son of a bitch unilaterally annoints new bitches to unelected positions of leadership in exchange for their unbridled ogling & fawning over him as their fearless leader (a Sieg Heil lovefest) clearly violate Federal & State law, the UBCJA Constitutions standing order of the General Executive Board dating to September 17, 1887; and more importantly clearly & unequivocally show a pattern of abuse by the NLRB & the courts that when McCarron can use his illegal UBCJA Constitution to his advantage - the judges & justices and ALJ's and the NLRB Board side with him, however, when the UBCJA Constitution provide a victory to working rank & file Union Carpenters, McCarron simply ignores it and the corrupt NLRB & courts and the United States Attorneys Office go along with it and they pretend its not there.
** Standing denied; you Chumps....right Judge Berman, right Walsh, right McGorty, right Bharrara?
** Tom Brady of the NE Patriots who also works under a Collective Bargaining Agreement (CBA) comes to court with a deflated balls case; "Standing Approved" - right Judge Berman? Now square that circle if you can. So the bottom line is that "it's pay to play" in Judge Bermans court room.
original post February 14, 2012 - Blue Card Boy Lives, pg. 4