When Union Leaders Don’t Follow Through For Their Members, It Disappoints Us All

By Frank Spencer
UBC Eastern District Vice President and Supervisor for Local Union 157

It is my duty to explain to you the facts and the process in which three Local leaders lost their jobs and vacated their elected offices, and in which, under the UBC constitution, General President Douglas McCarron placed Local 157 under my supervision.

First, as supervisor, I assure you: this is temporary. The goal of this process is simple and at the very heart of what our organization is about: to ensure that members get the day-to-day representation their dues are paying for. In our trade, and especially our Brotherhood, we trust each other to do our jobs. Sadly, that trust was violated.

NYC INDEPENDENT INVESTIGATOR STUMBLED ON UNVISITED JOBSITES

Jobsite visits are crucial to a Representative’s work. They defend members from crooked contractors by ensuring that hiring is fair, payrolls are honest, benefits are paid, work is safe, and more.

In Fall 2003, normal work by NYC’s court-appointed Independent Investigator (I.I.) found a firm with some 10 years of payroll and benefits fraud. No union staff or member was involved, but the I.I. found almost no visits to those jobsites in Local 157 jurisdiction in that time.

In November that year, Council leaders met all Business Representatives to review a document, “Business Managers and Representatives Duties and Responsibilities.” It requires “that representatives make a good faith effort to regularly visit all jobs assigned to them... that Representatives complete daily activity reports and submit them to their manager each week.” In January 2005, Council leaders sent a written reminder to all Business Managers regarding this policy, re-emphasizing the reporting requirements and again providing the necessary forms.

RECORDS SHOWED A FAILURE AT JOB DUTIES AND BASIC ATTENDANCE

Early in 2007, while investigating another contractor for defrauding the members, the I.I. found telephone, timesheet, and other records showing that the Business Manager and two Representatives in Local 157 had not completed their activity sheets as required; had not conducted regular jobsite visits during that time; and were not even at work in their jurisdiction when they reported themselves as working a regular day (absences that far exceeded allowed leave). A fourth man had discrepancies, but not beyond his allotted leave. On November 13, 2007, the I.I. delivered a report to Council executives documenting Local 157 staff attendance from January 15 to October 15, 2007 (with vacation, sick, and other valid leave days removed). Testimony at the UBC supervision hearing indicated the following:

• William Hanley, 153 work days: 52 unaccounted, 71 left early.
• Fred Kennedy, 166 work days: 36 unaccounted, 109 left early.
• George Dilacio, 162 work days: 29 unaccounted, 46 left early.

[In other words, in these 9 months, the men—beyond all of their valid time off—were paid to work a combined 481 days, yet could not account for 117 full days (24%) plus 226 partial days (47%).

AFTER MANY MEETINGS, TWO RESIGNED AND ONE WAS DISMISSED

The I.I.’s written evidence obligated Council leaders to respond. They met with each of the accused during the week of November 13, and offered each one a chance to challenge the facts; no decision or action occurred at that point. Officials convened on the 17th, and—given such long-running serious offenses—reached a strong consensus to end the men’s employment and have them leave office. On Monday the 19th, each man was given an option to resign within two days. On November 21, Business Manager/President Hanley and Representative/Financial Secretary Kennedy came in to Council offices and signed resignation papers. Representative/Vice President Dilacio did not appear and was dismissed.

UBC General President McCarron was informed. At his request, I reviewed the facts and recommended temporary supervision pending a hearing; he sent notice of supervision to the Local, dated November 21. On December 18, a special UBC hearing committee (Western District VP Michael Draper, EST William Halbert, and UBC Representative John Simmons) held a hearing in NYC. On January 21, the UBC General Executive Board adopted the hearing committee’s report that the supervision was warranted.

NEW LEADERS WILL WORK FOR YOU, NOT THE OTHER WAY AROUND

With key Local offices vacant, supervision enables your Local Union leaders to restore members’ trust, and Lawrence D’Errico—whose record the I.I. found clean—has a solid team working for Local 157 now. I look forward to continuing this transition; to better, hard-working leadership; and, especially, to ending UBC supervision of your strong, honorable Local as soon as is prudent.

(John's note: Spencer as supervisor of the “emergency supervision”has among other things, refused to answer membership questions (see video) which were emailed and posted on local157.blogspot.com.)

Related Articles

• 
  

  Local 157 Has A Day of Reckoning At Hearing- posted December, 20

• 
  

  Nails in Their Stockings- posted December, 12

• 
  

  Five Minutes With: Frank Spencer - posted December, 11

• 
  

  District Council Bulletin-posted November, 30

• 
  

  New York Times Article-posted November, 27

• 
  

  Local 157 Officials Suddenly Resign-posted November, 21

• Questions From Brother Franco About Local 157 Supervision