City to Add 63 Inspectors for Construction Sites

By FERNANDA SANTOS
The Bloomberg administration announced on Sunday that the city would hire 63 more inspectors to enforce safety rules at construction sites, the latest of several measures rolled out since a series of fatal accidents and inspection flaws led to the resignation of the buildings commissioner last month.

Mayor Michael R. Bloomberg and the city’s acting buildings commissioner, Robert D. LiMandri, said in a joint statement that the new employees would bring the number of inspectors to 461, or 184 more than there were when Mr. Bloomberg took office in 2002. The cost of hiring the new inspectors is $5.3 million a year.

“We are in the midst of a historic building boom, and the added development demands that we devote sufficient resources to aggressively enforce site safety,” Mayor Bloomberg said in the statement.

Most of the new inspectors will help increase the number of unannounced and prescheduled checks of construction sites, in part to ensure that previously detected violations have been corrected, the officials explained. In addition, the inspectors will tighten the oversight of a certification program for architects and engineers to weed out those who have committed numerous code and zoning violations.

Mr. LiMandri said that adding to the number of inspectors in the field “substantially increases the incentive for developers and contractors to comply with safety regulations.”

In an interview, Joel Shufro, executive director of the New York Committee for Occupational Safety and Health, which represents construction trade unions, called the addition “a very positive step forward.”

The increase in the number of inspectors comes as the Buildings Department is struggling to deal with a difficult year, with more deaths in construction accidents recorded since January than in all of 2007.

The department has also drawn criticism for its flawed inspection practices. After two firefighters were killed in 2007 in a blaze at the former Deutsche Bank building in Lower Manhattan, investigators found that building inspectors had failed to notice numerous violations, including the dismantling of a standpipe that would have carried water to the firefighters.

And in a particularly troubling episode last month, the former buildings commissioner, Patricia J. Lancaster, conceded at a City Council hearing that the construction of a glass tower at 51st Street and Second Avenue should never have been authorized — an admission that surfaced several weeks after a crane collapse at the site on March 15 killed seven people.

Ms. Lancaster, who was hired by Mayor Bloomberg in 2002 to reform a department with a longstanding reputation for incompetence and corruption, resigned on April 22.

A day after Ms. Lancaster’s resignation, Mayor Bloomberg and Mr. LiMandri, the interim commissioner, introduced a $4 million plan to develop safety procedures at construction sites and hire specialized engineers to assess excavations, crane operations and other types of complex construction work.

The plan also calls for a review of the department’s safety-checking procedures, which could result in changes in the way inspectors do their job.

Local 157 Membership Meeting

Here's something interesting, this is an overview of the May 7th, Local 157 meeting that was posted on the Official Local 157 website. The caption under the picture says "UBC Rep. Mike Capelli answers questions from concerned local 157 member after the meeting."

Builders Rip Crackdown

BY STEPHANIE GASKELL
DAILY NEWS STAFF WRITER
Minor violations are shutting down construction sites and costing contractors millions of dollars as the Buildings Department cracks down on inspections in the wake of the deadly East Side crane collapse, a new report has found.

A top industry group says the city is paralyzed by fear after eight people were killed when a massive crane fell in Turtle Bay on March 15, according to Crain's New York Business.

"These inspectors are all afraid of losing their jobs," Louis Coletti of the Building Trades Employers' Association told Crain's.

In April, there were 1,403 stop-work orders on construction sites in the city - nearly double the 785 issued in January. Construction workers and site managers told the mag they were shut down for minor paperwork technicalities.

Acting Buildings Commissioner Robert LiMandri denied the city is going out of its way to slow down work sites.

"Some might argue that certain safety precautions aren't really necessary, but the law is very specific in the precautions that need to be taken," LiMandri told Crain's. "Development is very important to New York's future, but we are not going to compromise public safety."

LiMandri replaced Patricia Lancaster last month after a series of Buildings Department black eyes.

So far this year, 14 workers have died in eight separate accidents across the city.

Video Exclusive-- Local 157 Carpenters Speak Out

Reaction of Local 157 members after the May 7, 2008 meeting, where UBC VP Frank Spencer gaveled the meeting closed without taking questions from the membership.

"BULLSHIT" Angry Local 157 Members Demand Answers

In a huge member turn out, hundreds of union brothers and sisters left the first Local 157 meeting since the trusteeship imposed on November 21, 2007 angry and frustrated.

VP Frank Spencer’s May 7th, “informational meeting outlining the path to restoration” had little if any information.

Other than a tentative meeting schedule announced and nominations from the floor for position of election committee member for the schedule July 21st, local delegate and executive office elections, members learned absolutely nothing.

EST Forde called the meeting to order at 5:00 pm and after the pledge said “we are not looking to hold local 157 hostage, we want to give this local back and this is the first night on the road to getting this local back to you.”

Forde then turned the meeting over to VP Spencer who gave no information about the so-called “improvements and the efficiencies that are apparent at your local union,” stated in his postcard mailing to the membership informing them about the May 7th, meeting.

Members were shocked and outraged when Spencer abruptly ended the meeting after nominations for election committee member (about 10 nominees) by quickly saying “if there is no other business the meeting is adjourned.”

Members shouted from the floor "questions, we have questions," which VP Spencer ignored as he gaveled the meeting closed with the speed of light at 5:17 pm.

Local 157 members, angry about the ongoing trusteeship, blasted Spencer out on the street for not taking questions and for not giving any information about the trusteeship.

Members on the street yelled “Bullshit, I came all the way here for this” asked one disgruntled nail-driver.

Brother Joe Rocco said, “the meeting wasn’t run professionally, wasn’t run like a union meeting, they shut everybody up.”

“No questions means they are not interested in our opinions” said Brother Steve Milano.

“Meeting was a sham, didn’t give members a chance to say anything, didn’t answer any questions” said Brother Hercules Reid.

“Meeting was incomplete, didn’t deal with issues members are concerned about” said Brother Tom Robinson.

“No questions, no good of the order, I waited six months for this, its bull" said Brother Roldan.

“I came here with issues, it didn’t happen” said Brother Jim.

Brother Lee Williams when asked, what did you think about the meeting? said, what meeting!

The comments spotlighted grumblings that the 4,500-member local is fed up with the International Union Trusteeship over what many members believe is politically motivated.

After 6 months, "We're still not being heard, they gave us the heave-ho by canceling our Christmas Party and they're still giving us the heave-ho with this meeting" griped a veteran union member who didn't want to give his name. “It was nice to see all the brothers and sisters— but nothing was really discussed, we’re not happy with the International’s strong-armed tactics” members said after Wednesday's meeting.

Many members in attendance believed International VP Spencer would be addressing the member’s questions and concerns, saying “they'd received emails and letters and we have not received any answers.

"You ask questions and you don't get answers, this is really adding insult to injury" said one member, who didn't want to be identified because he said he is a union steward and didn't want to be "the next to be hauled in there and suspended."

"I was so disappointed by what I saw here, no good of the order, we were rushed out the door” said long time union Brother Bruce Miranda as he prepared for the ride back home on his Harley.

Brother Daniel Franco was also angry and upset, “I sent Spencer a letter on April 8, and again on April 22, asking questions about this supervision and still have not received an answer."

Local 157 members are pretty well injured to these goings-on by now, but could not believe Spencer's actions complaining about how they're kept in the dark.

As supervisor of the trusteeship, Spencer has come under attack and criticized for his refusal to answer members questions posted on this blog, and for possible violations of the UBC Constitution and the LMRDA regulations.

I spoke with VP Spencer several times about the questions posted by members and with his assistant Mike Capelli. On April 11, Mr. Capelli told me "UBC lawyer Brian Quinn, is drafting an answer to the questions and I should have them in a few days."

I spoke with Mr. Capelli at Wednesday’s meeting and he told me “UBC lawyer Quinn is still working on the answers.”

An outraged member that is familiar with the issue, and wishes to remain anonymous said, “In the amount of time that has past since the membership has asked Spencer questions…Extreme Makeover Home Edition has built 12 houses, and the membership of local 157 still have not received an answer to six simple questions raised regarding this trusteeship.”

Below is six questions posted on this blog and sent to VP Spencer on March 4th, on behalf of the membership of local 157, which Spencer has refused to answer...

1. General President McCarron's letter to local 157 members dated December 3 cites section 10H of the constitution that granted full supervisory authority. Specifically where in section 10H does it state that the General President has the "authority to remove elected officers" of a local? This would seem to bypass Section 52, which guaranties the right to a fair and impartial trial.

2. Where in section 10H does it give the General President the authority to appoint officers to fill the vacated positions in a local? Section 10M gives the General President the right to appoint interim officers in NEWLY, CONSOLIDATED and MERGED Locals, which does not apply to local 157.

3. Why is Section 32D being bypassed, which gives the recording Secretary of the Local the right and duty to call a meeting to order and in the absence of a President and Vice President those Present shall elect a "President Pro Tem"

4.Why is the District Council involved in the supervision by appointing business reps, business manager and involved with the locals finances and books? This right, under supervision is the Internationals not the District Council.

5. Why is the District Council paying the bills when the only thing the LMRDA limits is the ability of the Councils or International to move money out of the Local to either one of them? It does not require the International to freeze the local’s accounts and stop them from paying their own bills.

6. What is the reason for the continued supervision? If Hanley and Kennedy resigned on November 21 and the District Council fired Dilacio and no accusation of financial impropriety or other fraud was found isn't the problem solved?

FORMER CARPENTERS UNION SHOP STEWARD SENTENCED TO PRISON FOR HELPING TO STEAL MONEY FROM EMPLOYEE BENEFIT PLANS

FOR IMMEDIATE RELEASE-- MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, announced that FRANK PROSCIA –- a former shop steward and Delegate of Local 157 of the United Brotherhood of Carpenters and Joiners (the “Carpenters Union”) --was sentenced today by United States District Judge BARBARA S.JONES to 5 months in prison and five months of home confinement.

The sentence follows PROSCIA’s October 2007 guilty plea to one count of aiding and abetting the embezzlement of funds from employee benefit plans. According to documents filed and statements made in Manhattan federal court:

From February 2006 through June 2006, FRANK PROSCIA conspired with others to defraud the Carpenter’s union benefit funds by, among other things, submitting false shop steward reports that underreported the number of carpenters and the hours worked by carpenters for a construction contractor at a jobsite located in New York City.

During the time of the charged conduct, FRANK PROSCIA was an elected delegate representing members of Local 157.

He was also the shop steward for L&D Installers, Inc. (“L&D”), a furniture installation and construction contractor, at a jobsite located at 11 Madison Avenue. L&D was a party to a collective bargaining agreement (“CBA”) with the District Council. Pursuant to the CBA, L&D was obligated to pay all of its workers at an hourly rate specified in the CBA and to make contributions for each hour worked to the District Council Benefit Funds.

The District Council Benefit Funds -- which are covered by the laws governing Employee Retirement Income Security Act (“ERISA”) plans -- provide life insurance, hospitalization, medical care, pension and vacation benefits to union members.

A shop steward’s principal duty is to be the daily “eyes and ears” of the union and to report a contractor’s violations of the collective bargaining agreement. The shop steward is required to submit weekly reports, called “shop steward reports,” to the union office setting forth the hours worked by each of the union’s members assigned to the jobsite.

Thus, the shop steward is required to observe the number of hours worked at the jobsite by the union members in order to report the carpenter-hours accurately each week. The union’s auditors rely on shop steward reports to be accurate when they audit contractors to ensure that all benefit contributions have been paid.

During PROSCIA’s plea of guilty, he admitted that he had intentionally filed false shop steward reports to assist L&D in defrauding the union benefit funds. In all, L&D embezzled over $2 million from the funds

PROSCIA’s co-defendant in the case, MICHAEL ANNUCCI, was convicted, after an eight-day jury trial in February 2008, of engaging in similar conduct from July 2001 until February 2006.

ANNUCCI, who is scheduled to be sentenced by Judge JONES on June 13, 2008, was also a shop steward and executive delegate of Local 157 at the time of his criminal conduct.

By falsifying his shop steward reports, PROSCIA and ANNUCCI helped L&D cover up the scheme to evade its benefit payment obligations. Because of those actions, some carpenters got paid lower wages, lost years off their pensions, lost vacation and retirement annuity benefits, and lost health coverage.

In addition to the prison term, Judge JONES sentenced PROSCIA to two years of supervised release, with the special condition that PROSCIA be subject to home confinement, with electronic monitoring, for the first five months of that time.

He was also ordered to pay a $5,000 fine.

In sentencing PROSCIA today, Judge JONES called his conduct an “extremely serious offense,” observing that “shop stewards are supposed to be the protectors” of the rank-and-file carpenters. Judge JONES also stated that it was important to sentence PROSCIA to prison because other union representatives and officials “need to understand that they will go to prison if they show no respect for the law or their duties under the Consent Decree,” referring to the court-ordered Consent Decree entered into in 1994 by the Carpenter’s Union and the federal government seeking to rid the union of corruption and organized crime influences.

Mr. GARCIA praised the work of the Department of Labor, Office of Inspector General, and the assistance provided by the District Council’s anti-corruption committee. Assistant United States Attorneys LISA ZORNBERG and KATHERINE GOLDSTEIN are in charge of the prosecution.

Newsweek Signs Lease For New NYC Office

NEW YORK - Newsweek is moving from midtown to downtown Manhattan.

The magazine has signed a lease for 163,000 square feet at 395 Hudson St., a 10-story office building just north of Houston Street.

The deal was announced Tuesday by the real estate giant Cushman & Wakefield.

The building is owned by the Carpenters Union Pension Fund. Newsweek will move from 1775 Broadway, where it has occupied nine floors for the past 15 years.