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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
THE COURT: And so why doesn't it? 9 MR. MURPHY: Why doesn't it? 10

THE COURT: Yeah. It's got a billion six or more in 11 one benefit fund. This is not a mom-and-pop operation. So why 12 doesn't it? And why doesn't, for example, one issue that has 13 concerned me since these discussion began, why doesn't it have 14 an in-house person that has IT capability and who can supervise 15 even the contractors who are working on this project? Why in 16 your opinion is that not already in place? We've got -- and I 17 don't mean to be critical -- we've got enough lawyers here, you 18 know, to fill the hiring hall at the district council. So why 19 don't you have the staff to be able to administer these 20 programs? 21 MR. MURPHY: My personal opinion, based upon 40 plus 22 years? 23 THE COURT: Yeah, you're the counsel, your opinion. 24
MR. MURPHY: I think there's an inertia that's hard to 25 overcome.
Meet Mr. Inertia:

Sunday, December 8, 2013
Quote of the Day
"I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time."–– Judge Richard M. Berman

Below is an excerpt from the Court Conference on December 4, 2013 between EST Pro Tem Steve McInnis and Judge Berman. {source: Mobilized Membership}

THE COURT: Do we have present today anybody from the district council, the EST, for example, the interim EST or somebody else who could address that?

MS. JONES: Yes, your Honor.
MR. MURPHY: Yes, your Honor.
THE COURT: Could he address this issue? Nice to meet you. Wherever you're comfortable. At the podium if you like or there.
MS. JONES: Your Honor, I should also tell you that vice president Mike Cavanaugh is here and a number of other representatives from the district council. {Judge Jones trying to keep Buckethead from running up to the podium}
THE COURT: Thank you. If you could state your name for the record.

MR. McINNIS: Steven McInnis. How you doing, your Honor.
Currently we have a process for hiring that's required by the bylaws. We have six names that have been sent to the review officer for review to put six more representatives in the field. When it comes to administrative staff, we've actually added four additional admin staffs temporarily to deal with this issue.

THE COURT: Do you have an IT person?
MR. McINNIS: We use Red Eye to handle the basic IT stuff. that the
THE COURT: That's a contractor?
MR. McINNIS: Correct.

THE COURT: I'm talking about in-house.
MR. McINNIS: Red Eye is in-house four days a week. {dumb ass}
THE COURT: You don't have anybody on your staff? {Judge Berman dumbing it down}
MR. McINNIS: Right. We began the process and I think delegate body wanted to take on the process to bring in a consultant in IT and we want to do it ourselves. If we're going to be a democratic organization and stand on our own two feet, we need to take on the responsibility of doing it right the way. So we actually have interviews with five different firms this week, and we hope to have a recommendation to the delegate body next Wednesday. It's a process. The review officer mentioned what the funds have done. That's been a two-year process. I don't think it's going to take us two years to get where we need to go. I think we have a very expedited process and we're addressing a lot of different issues.

THE COURT: What's your take about why it hasn't since August of 2012? That's when the issue was first put on the table or maybe even before that.

MR. McINNIS: Which particular issue? {follow the bouncing ball Buckethead}
THE COURT: Technology.
MR. McINNIS: Technology? {talk about being a moron}

THE COURT: Yeah. {Judge Berman getting down to his Gump I.Q.}

MR. McINNIS: You know, we've used contractors. Down the road, I don't know if we're going to use contractors. We're going to see what the consultant has to say.
It's very difficult to move things at the district council. We deal with a lot of different issues. This is, as Jim Murphy would state, this is a large organization. I think when it comes down to it, and Judge Jones will go into it, when it comes to the rolling out of the compliance piece regarding full mobility, our intention was to incrementally roll it out. In discussions with the bureau office, we didn't wanted to jump in the pool the same day.
I think our numbers are above 95 percent of our people are doing this the right way. You know, it's something that our goal and the vision here is to get it to a hundred percent.

THE COURT: You think you're at 95 percent compliance, as it were, with the electronic anticorruption measures at this point?

MS. JONES: Judge, in terms of actually reporting hours worked, we think we are somewhere between 90 and 95 percent. {trying to get the Save here}
In terms of the accuracy of the underreported jobs because shop stewards -- that's only one reason -- are not calling in a job when it's closed, we carry all of these open jobs where there really is no reporting that could be done. There are no hours being worked. I know you understand that --

MS. JONES: -- from my letter.

MR. McINNIS: So we've taken the measures to drill down and identify these false negatives and to implement different pieces. {someone needs to drill down - he's called a brain surgeon} Whenever you're going to roll out something -- and this is a fundamental change institutionally and organizationally and culturally about how we report hours -- and it's something that takes a little bit of time. We've seen a lot of technological rollouts with their issues out there, and I don't think we're anywhere near some of the CityTime for New York City or the Affordable Care Act website. I think we're doing a good job.
{Lost in Space or what; Doing a Good Job - seriously? }

THE COURT: I don't think these things are comparable to that. I don't think this is in any way comparable to Affordable Care Act issues and problems. I don't think it's anywhere comparable to the CityTime, which is the subject of a criminal court proceeding as we sit here right now. I think this is far more finite. And it didn't take any, it didn't take any time to implement full mobility, right? That was a fundamental change that a lot of the people who are in your union were not happy about. That you did overnight. That was also a big change. So this, you know, I'm just.

MR. McINNIS: Your Honor, I can tell you that there is on the union side, you know, we are in unchartered territory, this new technology. We do believe we need assistance. {No shit - it's called 'Assisted Living' Stevie wonder-boy; as in your need to become a ward of the State (for your own protection of course)}

THE COURT: I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time.


MR. McINNIS: I do believe you can be in both places at the same time. This is a new system and a new system that is working at 95 percent, with the goal to get it to a hundred; and we're committed to put the additional resources to get it to a hundred percent, to be at full compliance.

THE COURT: And what's your view about having a technology person on staff?

MR. McINNIS: I believe that, you know, it's something that's not my expertise and that's why we're going to bring somebody in. We feel the consultant is an architect and if we're going to build something, we need an architect who's going to come in. And if they say we need two in-house people and that's the recommendation, I think that's the direction we should head into.

THE COURT: You don't have an opinion as to whether you need anybody in-house?

MR. McINNIS: I'd like to have an educated opinion.....
{and so, unliking pulling teeth; this was an exercise in futility and a mild form of mental torture for Judge Berman & Jones and the rest of us! Exactly how much is McCarron paying Mr. Special Dispensation boy? Anything more than minimum wage is really pushing it}......We had the first interview. I think it was very informative. I'd like to make educated opinions in regard to that, and it's not something that's common nature and knowledge to me. But I'm looking to educate myself and the executive committee and the delegate body so that when these decisions are represented, it's transparent, people understand what we're spending money on, and it's something that the members can buy into. And that's the process we've signed on for and that's the process we hope to follow.

Posted by John Musumeci at 8:32 AM  
Labels: District Council, Judge Berman, Review Officer