Reply – Re: THE CEMENT (CONCRETE) LEAGUE & ALJ Greens 5-21-15 Decision & the...
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Re: THE CEMENT (CONCRETE) LEAGUE & ALJ Greens 5-21-15 Decision & the NLRB Boards 2-16-16 Decision & Order; EXCLUSIVE NYCDCC Hiring Hall, the HARTE, McMURRAY & CLARKE legacy vs. 50-50%, 67-33% & 90%-10% vs. the McCarron, Walsh, Berman & Torrance Conversion of the BLUE CARD to the WHITE CARD 8(f) to illegal 9(a) Agreement w/o Proof or the req'd. NLRB Board Election
— by Ted Ted
DC4LCARC

1 (In open court)
2 THE COURT: So following our last session I was quite 3 concerned about some of the issues that we discussed and that 4 appear to be going on here, and for that reason I issued the 5 November 25, 2013 order and have received some helpful 6 submissions from all of you, including the Mr. Walsh's latest 7 report, the seventh interim report of the review officer, which 8 I think is very helpful. It also raises some issues or perhaps 9 they've been bubbling under the surface which I'm quite 10 concerned about in addition to the issue of the technology and 11 the technology fixes which I want to discuss today.

12 So I'd like to get right to it. In a subsequent memo 13 endorsement of mine dated November 27, I indicated an order in 14 which I would like to proceed today and I indicated that I'd 15 like to hear from the government first and then the district 16 council and then Mr. Walsh. And let me just tell you why I 17 think that's the appropriate order and mechanism.

18 So first, obviously, this is the government's case 19 historically and currently. It's U.S. v. District Council, et 20 al., and the origin of the case has to do with, among other 21 things, what were undeniably a history of bad practices and 22 corruption in the union. 23 So I thought that given that context and given that 24 one of the central problems I'm concerned about now is the 25 implementation, the very belated in my opinion implementation

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

3 DC4LCARC

1 of these electronic reporting systems which were, as I 2 indicated in my order, part and parcel of approval of the 3 collective bargaining agreements going back over the last 4 month, given the fact that those very reporting requirements 5 were presented to me and described by you all -- and by "you 6 all" I mean, for example, Mr. Murphy and others -- as 7 anticorruption measures, I wanted to start and get the 8 government's take on this particular issue about how these 9 collective bargaining agreement aspects are being implemented 10 from the bigger perspective of what this case has been all 11 about.

12 And I don't have to remind you as I indicated in the 13 order dated November 25 that there was on my part, and others, 14 as well, there was an enormous change in these collective 15 bargaining agreements which was the implementation of what is 16 described as full mobility. 

And that was done with 17 considerable thought, but it did represent a sea change in how 18 hiring took place with these contractors. These contractors 19 got a huge benefit in that regard in my opinion.

And the quid 20 pro quo for that full mobility was the implementation of -- one 21 of the quid pro quos was implementation of these anticorruption 22 measures. And so clearly the full mobility was implemented but 23 the measures were not.