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
8 THE COURT: I get all that. I read Judge Jones' 9 letter. I think it's a very good letter. I don't understand 10 how it squares with what you said to me months ago in this 11 courtroom that we tested the system, it looks like it works, 12 and you strongly urged me to [ap]prove full mobility on the 13 understanding that these anticorruption measures were up and 14 ready to go. And, frankly, that is the basis or substantial 15 basis for which I did approve full mobility, notwithstanding 16 some of the members of the union said, you know, Judge, don't, 17 don't approve full mobility. So I did, but in large measure 18 based on assurances from you in particular as the counsel for 19 the district council that this other piece of the pie was, you 20 know, in place and now all of a sudden it's dramatically 21 different. 22 And, by the way, Mr. Walsh has been ringing this bell, 23 so to speak, right from the get-go. He on each occasion that 24 we've had a conference over the last I can't remember how many 25 months, each time he said that he had a concern that things \
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300


11 DC4LCARC 1 were not happening as they were promised. And, honestly, 2 that's what I don't understand. And I don't think, as I said 3 to Mr. Torrance, that these are only, although I do respect 4 that there are some technological problems, I don't think 5 that's the whole story.
6 MR. MURPHY: Again, your Honor, I share your concern. 7 The representations that have been made to the Court were based 8 upon the information that we had at the time, going back I 9 believe my first letter to the Court as sort of a preview was 10 filed back in February of this year based upon information 11 received from the IG's office, received from the representation 12 center, from the union itself. And as this has unfolded, I 13 believe the first contract was implemented in, was actually 14 starting to go online in May and June of this year. 15 THE COURT: But this process went way before that. 16 MR. MURPHY: I understand that.
17 THE COURT: There was a whole series of negotiations 18 where, by the way, the rank and file rejected the collective 19 bargaining agreements, so, and that discussion was happening 20 months and months before. 21 MR. MURPHY: Rank and file voted in February/March of 22 2012 to reject all but one of the collective bargaining 23 agreements that had been negotiated by the international union 24 during the trusteeship that provided for full mobility. So the 25 union went back into negotiations and concluded at least SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

12 DC4LCARC 1 tentatively the first agreement on August 22, 2012. That 2 agreement frankly had, as far as I can tell, really nothing 3 about the anticorruption compliance. 4 And literally on August 22, 2012, I met with the 5 review officer. We discussed what would be necessary and I 6 typed that up, reviewed it with him, he agreed, the union 7 leadership agreed. They sent it to the first association with 8 whom we had the deal which was the largest one, the wall 9 ceiling association, and they were on board.
 And then from 10 that time we went through in the fall and winter 2012/2013 to 11 testing -- initially I guess alpha testing and beta testing in 12 the field -- the reporting system.
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The UBCJA Internationals 100% FULL MOBILITY is both a power grab from District Council Local control as well as Local Union control for 

**   Electing their bargaining representative in the first instance;

**   Negotiating the CBA's in the second instance;

**   Restoring Democracy under the two pronged Consent Decree in the third;

**   The corrupt UBCJA Internationals directly subsuming the role of the Congress in re-writing/altering the NLRA in the fourth instance and;

**   The corrupt UBCJA Internationals back-door attempt to re-write longstanding Appellate court & U.S. Supreme Court precedent in the fith instance - all of it being illegal under the law which every party and all of the non-scholar, non labor law attorneys readily admit (Jones, Torrance and Murphy, the alleged 40-year expert in labor law).

Instead of competence - the members got Operation Woofy-Woof (WatchDog) with a very pissed off looking big meanie Bull Dog, and 1st grade level Stickers & Pins