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

4 But anyway, enough said by me. I would start with 5 Mr. Torrance.

6 MR. TORRANCE: Thank you, your Honor. Good morning. 7 Benjamin Torrance for the United States. 8 Your Honor has it precisely right. This action was 9 brought by the government as an anticorruption lawsuit, 10 obviously brought under the Racketeer Influenced and Corrupt 11 Organizations Act in order to eliminate racketeering and 12 corruption. We were motivated by a long history of Cosa Nostra 13 control, organized crime influence in this union. We've made 14 great progress since that time. The suit obviously dates to 15 1990, and in the interim we've had three court-appointed 16 officers: Judge Conboy, Mr. Mack, and Mr. Walsh. And, as I 17 said, they've made great strides to eliminate that. 18 But it's not enough in the government's view to push 19 out individual racketeers. It's not enough to eliminate 20 specific practices of racketeering.  

{Yeah, but it's a hell of a start & we suggest you stop ignoring the UBCJA General President Douglas J. McCarron and his criminal RICO racketeers, co-conspirators and puppet master corporate developers and handlers and initiate a grand jury investigation & pursue a case against them for the many RICO crimes committed during your & Preet Bharrara's tenure representing the Government}

The point in a sense of a 21 civil RICO action is to create structures that will prevent 22 corruption going forward, that will prevent this problem from 23 returning to the union. We can prosecute individuals and, in 24 fact, have prosecuted individuals for criminal actions. But if 25 the system of the union and if the culture and the structure of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

6 DC4LCARC 1 the union remain open to corruption, then corruption will 2 return.

{It never left, McCarron has been directly under your nose since 1995. He has refused to appear in open court & has been allowed to run amock, rape trust funds, have full access to Judge Berman via in chambers meetings & feign clean hands - all the while robbing the members & the NYCDCC & every other DC in the nation blind & the government, by its gross negligence and failure to vet any doucment at any level for compliance to known laws does nothing other than playing the part of Mickey the Dunce thus becoming complicit in the continued fraud, extortion, conversion of assets, violations of anti-trust laws and the furthering of the UBCJA's national criminal RICO enterprise}

 3 In recent years the form of corruption that we've seen 4 has been what Mr. Mack and Judge Haight referred to as job site 5 corruption. This is the practice of manipulating the presence 6 and the hours and the reporting of carpenters, paying them off 7 the books in order to commit fraud.

8 THE COURT: And underreport benefits and underpay 9 benefits that might otherwise. 10

MR. TORRANCE: Yes, that practice being concealed by 11 the off-books payments that we saw so much of particularly as 12 detailed in Mr. Mack's reports. 13 For years we fought for the 50/50 rule. We viewed 14 that as an anticorruption measure. We viewed it as positive 15 for the union to have people on the jobs who were not beholden 16 to contractors, potentially corrupt contractors, who would then 17 not have the incentive to conceal that kind of job site 18 corruption. 19 But under Mr. Walsh's tenure we have agreed, as the 20 Court knows, to essentially make a trade. We agreed to forgo 21 that 50/50 mechanism in order to achieve what we hoped would be 22 a more effective way of monitoring who is on the job, who is 23 being paid, what benefits were being paid; and that, of course, 24 was the electronic reporting that Mr. Walsh has recommended and 25 worked to implement. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

7 DC4LCARC 1 But it should of course go without saying that that 2 has to be an effective system. We would not have made that 3 trade had we thought that this system would not work; and it 4 will require efforts by, of course, Mr. Walsh and the union to 5 make sure that it does work. We need the data to be current 6 and accurate in order for it to be tracked and monitored to 7 prevent that kind of job site corruption and that is our 8 motivating principle here. 9 It seems from the recent record that the information 10 technology failures and the failures of accurate reporting by 11 shop stewards are a threat to the effectiveness of that system 12 and that is of great concern for us. 13 THE COURT: That is of great concern to me as well, 14 just so you know. 15 MR. TORRANCE: Right. 16 THE COURT: Because it's not clear to me from these 17 submissions that this is a technological problem exclusively 18 which can be resolved by an RFP and bringing in some 19 consultant. It appears, reading not only between the lines but 20 the lines themselves, that there's more to it than that and I'd 21 like your opinion on that as well. 22 MR. TORRANCE: Well, the shop steward reporting, we 23 understand that there is going to be some inertia and that 24 people need to relearn practices that perhaps they've been 25 following for years. I have not had a chance to talk with SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300