Important Update...
To All Local 157 Brothers and Sisters:
The scheduled April 21, Local 157 Club Meeting is a GO!
Kindly attend a Special Call Meeting of Local Union 157, which will be held on Monday April 21, 2008 at 4:00 pm at 375 Third Avenue at 27th Street, New York NY 10010.
Topics to be discussed: The Supervision of Local 157 and The UBC Constitution
I strongly urge you to attend this special meeting and to encourage your fellow Brothers and Sisters to attend this meeting.
Also please post notice of this meeting at your job site, click here for Meeting Notice Flyer.
Any question that you would like to have addressed at the meeting use the comment link below and please posts them.
Questions.Where do you start. 1.Who is holding the meeting. 2.Who will be in attendance representing the International. 3..Will the UBC lawyers and a constitutional expert be there. Mr Spencer and Mr Forde have confirmed, by referring the questions to the lawyers, that they do not have the expertise to answer the members questions presented for the last two months.(this lack of expertise should have disqualified them as supervisors in a trusteeship) 4.Who will be answering the questions presented.5.How will the District Council be involved since the trusteeship is none of their business.6. Can the DOL come is they so desire? 7.Is this meeting for the record and will a recording secretary be present.
ReplyDeleteI would hope that the 157 members understand that this meeting was made possible by the efforts of John M and his diligence in pursuing these issues.He did not give up and took the chance to ask the questions that needed to be asked. He benefits by his actions not only 157 but all UBC rank and file members nationwide. His blog was instrumental in change and resulted in this meeting regardless of the outcome. Hats off to you John.Well done.I dont know how you can walk with such a pair.
Here is what i know about the meeting, I met with John M Saturday at the district council evaluation program for hiring organizers, he told me he and Pat Brennan are calling this meeting and it is not an official local 157 meeting rather it is a meeting of local 157 members to discuss what the hell is going on with our local.
ReplyDeleteJohn said he will post more info about the meeting and asked me to help spread the word on the job about the meeting. this is the first time i meet john and think he is doing a great job with this site.
News Flash, for those of you fools who went to the council Saturday thinking you had a fair shot at being hired as an organizer here is some news for you. The fix is in, the whole 3 day process is a sham, the jobs are going to Paul Caperso, John Harrington and Larry Beracla…mark your calendar, You Heard It Hear First!!!
ReplyDeleteWhat if some members can't make the meeting do to the fact they have to work late, pick their kids up from daycare or Maybe, They Just Don't Feel the Need to Go !
ReplyDeleteYa Know what would be GREAT, If this meeting was Video Recorded, and posted to the website (via) www.youtube.com
John, I find it unbelievably coincidental that the meeting has now “been canceled due to scheduling conflicts and room availability". How is it that the space was available but is now not available? Since a specific room was stated, hadn’t the room's availability been confirmed? If so, who provided that confirmation and who reneged? If not, then the call for the meeting should not have been issued until the room’s availability was confirmed. Nevertheless, to whom is the room now reserved? When was it reserved? Is there not any other space in the entire NYCDCC building to hold the meeting? For example, the room that was formerly used every third Monday for the Local Union 157 meetings? Why would this space not be available?
ReplyDeleteSince having had no meetings for five months, if another space/place is not confirmed before Monday April 21, 2008, I suggest we have the meeting in the DC second floor hallway. If locked or escorted out, I suggest we have the meeting in front of the DC. If a space/place is not confirmed before Monday April 21, 2008, I will go to the DC nonetheless, arrive no later than 5 PM and leave no earlier than 6 PM, even if I am to be the only one there. However, because of the next meeting’s importance it would be good to have a confirmed space/place before that date and that many other 157 members will show no matter where or when it will be.
Daniel, I have been informed that once notice of the Local 157 Club Meeting was posted on this blog the District Council called a club member and canceled the room, coincident?
ReplyDeleteI share your frustration regarding the lack of Local 157 meeting for 5 months.
I have also been informed Local 157 Club members are arranging for an alternate meeting place. When I receive confirmation I will post the location, date and time.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
ReplyDeleteSometimes I wonder whether the world is being run by smart
ReplyDeletepeople who are putting us on or by imbeciles who really mean it.
--Mark Twain
What is the "Local 157 Club" and, if permissible, who are some of the more prominent members?
ReplyDeleteis it true that attillos nephew is going to be picked for organizer.if this is true,then the fix is in.attillo is a convicted labor rackeet guy from 257 just like gene hanley.what the.....does anything ever change.remember vote EARLY and vote often.
ReplyDeleteYes it is true that Attillos nephew, Paul Caperso is going to be picked for organizer, mark your calendar, You Heard It Hear First!!!
ReplyDeleteJohn you should check with your attorney,Before you get expelled because they make up the rules as they see fit.Think abuot it we never had a 3-day hiring you were always appointed through the ranks,Except when it came to you. What did you do wrong to change the presesion.
ReplyDeleteCharles, with regard to recording and posting audio and video of a meeting, please keep in mind that this would a blatant/deliberate/intentional violation of UBC Constitution, Offenses and Penalties, Section 51 A. (8) which states “Divulging to any unauthorized person, the business of any subordinate body without its consent.”
ReplyDeleteAlso, with what had happened and is happening to Local Union 157 there really is no excuse to miss the next meeting short of being unintentionally incapacitated.
Why the Jefferson and Twain quotes? Specifically, what do these quotes have to do with this topic - Local Union 157 Club Meeting?
ReplyDeleteWho is Larry Beracla? Do you mean Lawrence Becerra?
ReplyDeleteWho is John Harrington?
Specifically, what does hiring organizers have to do with this topic?
Attilio's (Attilio Bitondo) not attillos.
“You Heard It Here First” not “You Heard It Hear First”
Procession not presesion, with procedure a more fitting word.
with regard to recording and posting audio and video of a meeting.
ReplyDeleteMr. Franco, Absolutely Understandable...
The Constitution, is the Constitution....
But, You have to admit.... it would be COOL TO SEE !
Charles, I do agree. The next 157 meeting is likely to be quite notable historically.
ReplyDeleteIf someone was to devise a way to provide text, audio and video via the internet just to carpenter union members, such as password-protected accounts provided after verification of membership, then technically that should be allowable.
(Please, no Mr., just Dan or Daniel, thanks.)
Can't John set up a password protected area on this site, especially regarding this issue. This is one of the only websites in the Brotherhood with such open discussion, it would be a tragedy to not give the members a visual. Whether it be text, audio, video this in what makes this internet thing so great... Been on your site...
ReplyDeleteAs a contractor, I Love the way you promote the UBC
You are GREAT ASSET !
As Always,
In Brotherhood,
and In Solidarity...
Charles Lezette
Carpenters Local 370
Albany, NY
www.nominateducate.com
www.ubcnewsroom.com
www.unionreview.com
www.youtube.com/voc370
www.myspace.com/nominateducate
“Divulging to any unauthorized person, the business of any subordinate body without its consent.”
ReplyDeleteMr. Franco who do you think is entitled to give that consent. The point of my last post in regards to one pissed off Forde-vs-Thousands of pissed off NYC Carpenters was to get the members to wonder when a small group of people like Forde and his golfing buddies stopped doing as what thousands of Carpenters tell them to do. When did Local or Council Officers stop working for the members and the members become play things for the few. This brings us back to WHO has the right to give that consent. My answer is the membership of 157. Not Forde and the NYDC and not the Business Agents and Business Manager who are temporally occupying the seats reserved for duly elected Officers of Local 157. The only people in absence of duly elected Officers,(and even with)is the membership of Local 157. So how many members. Now I am searching for my constitution but my answer would be 7. Is that not the number the UBC has decided that is required to make a quorum and allows meetings to proceed and votes to be taken and upheld minus a presence of a majority of the membership of any local. So can we not safely say that 7 members giving their permission to post the business of 157 on this site constitutes consent??Now there is no need to restrict discussion and continue the cloak of secrecy that perpetuates actions such as Fordes and Spencers
In regards to "If someone was to devise a way to provide text, audio and video via the internet just to carpenter union members, such as password-protected accounts provided after verification of membership, then technically that should be allowable." We have discussion on this site and others because the membership is not forced to sign up and give their names to speak. Some NYC members would be nervous to do so and rightfully so due to retaliation. We keep hearing the word mob and other indications that the Union is involved and infiltrated by organized crime. I find it hard to believe that even the so called mob would want Fordes name linked to their organization. In all fairness you would think that would be an insult . So real or perceived that aspect combined with the attempts by Union Officers at Local and Council level to victimize those that expose them would silence many UBC members. A good example is the Teamsters. They have created a blog called Teamster Power and have posting guidelines that gag their members. It was worse until they were challenged on the same verification of membership procedure you mention. The problem here as it was with their insistence of verification is that it would require ILLEGAL access to members files which cannot be done by this or any other web owner. The teamsters remove that requirement but still restrict and control members right to speak and censor the content. Teamster Power has become the true propaganda tool it was really intended to be. Have a look at how many of the rather large Teamster membership actually post there. Censoring free and open discussion will result in the same results here. That is a win for those in the UBC Organization who depend on that cloak of Members only to continue with their present activities. Until we had public and Open discussion here there was no LM 15 filed by Spencer or Forde.
Also just to give you a heads up. The Teamster Power site which censors the rank and file is a Teamster Propaganda site pretending to be a forum for the rank and file. This site was built by Steven Dondley under the Direction of the Newly appointed Teamster employee Richard Negri. Dondley owns and operates Prometheus Labor who only builds web sites for Unions and those who will NOT allow members to speak freely as is done here on the 157 blog spot.He does not believe that Union members should publicly expose corrupt Union Officials and practices or as he calls it "Dirty Laundry? You can however talk about as much of the Unions business as you want as long as you cover up the corruption and paint a rosy happy face Union picture. Richard Negri owns and (used to) operates Union Review. He allows open discussion as long as your opinions are the same as his and he also believes in censorship of the rank and file to protect the Union hierarchy. You can find both Dondleys and Negris opinions and support of member censorship and the right and need of Union Officials spending your dues to censor you on www.communicateordie.com. Both of these self proclaimed champions of Union members have participated in building Teamster Power which is a site that clearly censors members free speech.
The point and relevance of all this is that Local 157 blogspot is an example of how civil and open discussion can lead to positive change. There are those that would censor exposing irregularities in the actions of Union Officials such as been done here with Spencer and Forde because it would tarnish the Unions image. They argue that the corruption should be allowed to continue and ignored if stopping it means putting it in the public domain. They also argue that the Rank and File members are not intelligent or civilized enough to participate in a site like Local 157 blog spot. They insist we need to be censored,controlled and guided like children.This by the very people who would violate the Union Constitution and the LMDRA as long as we were not looking and not allowed to expose it. The most ridiculous part of their theory is that we should also pay for the Fordes and Spencers to screw us. How insane is that. I mention this because I feel Local 157 blogspot shows them that they are indeed misinformed of our intelligence,civility and or need to be guided like children. Local 157 blogspot also proves the need to expose these issues or "Dirty Laundry" in the public domain to bring about positive change. The Operating Engineers, Electricians International and now the Teamsters have all engaged in campaigns to censor and shut down the free speech of their membership.We need sites such as this to show them the absurdity of their positions.
Section 25
ReplyDeleteAt any regular or special meeting of the membership of a Local Union or District Council, duly called for the transaction of any business, those present shall constitute a quorum, provided seven (7) or more members are present.
Just for thought. While Officers can be fired as Business Representatives by the District Council we all know that they still hold their Elected Position until brought to trial and removed by the Local or the International in a trusteeship. Since it was made clear that Delacio was fired as Business Representative by Forde which is the only thing the Council has the right to do then Delacio is still VP of 157. Delacio was never brought to trial or suspended as VP pending trial by the International exercising its power under a trusteeship. Can he not as VP carry out his fiduciary duty to act in the best interest on the 157 member s and request that the DOL end the trusteeship. Unless on April 21st as required by LAW Spencer provides the DOL justification for the continued trusteeship then it appears it has been continued illegally and Delacio request should be honored.Lets see Spencer deny Delacio rights as VP to the DOL and explain to the DOL the manner in which he was removed and rule if he is still VP. If the DOL upholds the UBC Constitution they must find in favor of Delacio. As VP Delacio can call for an immediate meeting and vote ot fill the vacated positions in 157. I would also like to ask what actions will be taken against Spencer and Forde as supervisors(however unqualified) for not filing the LM15 in the required 30 days???
c) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both.
(d) Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any report required under the provisions of this section or willfully makes any false entry in or willfully withholds, conceals, or destroys any documents, books, records, reports, or statements upon which such report is based, shall be fined not more than $10,000 or imprisoned for not more than one year, or both.
(e) Each individual required to sign a report under this section shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false.
To Anonymous, Thank you for the kind words. This blog started as a result of the supervision of Local 157. The blog is dedicated to the free and open exchange of ideas and opinions in the belief that as UBC members you have the right to hear, and to be heard. My only comment policy is that rude, mean, or obnoxious comments are not welcome and will be deleted.
ReplyDeleteCharles,
ReplyDeleteI may be mistaken, but blogs in general are not set-up in a way to provide for password-protected accounts and pages. However, with blogger.com blogs, an administrator can set permissions to allow “Anybody” to view the pages, “Only people I choose” up to 100, plus up to 99 other “Only Blog Authors, or just up to 99 other blog authors. However, with respect to the UBC Constitution citation, in particular, I was citing it with regard to only official local meetings whereby an individual would not be allowed to post recordings of it without the local union members’ permission. I was reminded that the upcoming Local 157 Club meeting is not an official meeting. Therefore, it reasons that creating and publically distributing recordings of this gathering cannot be an UBC Constitution issue.
As for being a “great asset”, I do not feel that I have been, or that I am now, and we’ll just have to see how “great” an “asset” I may be in the future. I know I am not alone with efforts to dispel ignorance, apathy, and fear. However, by having many other personal obligations, and by acting independently typically due to differing philosophy and methodologies, my time, attention, energy, and actions with union matters have been inconsistent.
Nevertheless, thank you for your appreciation of my UBC page (http://francowoodwork.com/ubc.html). My main focus with the page is supposed to be unionized carpentry in general. I know there currently doesn’t appear to be much if any, distinction between the two at the page. I haven’t had the time to update the page, or any of my site’s other pages for that matter, as often and as much as I would prefer.
Questions for the Club Meeting
ReplyDeleteJust some food for thought
1. Is there a consensus that Spencer and Forde have violated the UBC Constitution and the LMRDA?
(a)Does the evidence confirm this to be true?
(b) What action will the membership take to restore Local 157?
(c) Will the members file a complaint with the DOL because the LM15 was not filed properly?
(D) Will the membership demand from the DOL that the semi annual report be filed and made available to members
Every labor organization required to submit a report shall make
available the information required to be contained in such report to all
of its members, and every such labor organization and its officers shall
be under a duty to permit such member for just cause to examine any
books, records, and accounts necessary to verify such report.
Meaning all paperwork and the LM15 itself must be made available to all members of Local 157 by Spencer and the International on request. It does not allow for a fee to be charged to EXAMINE them as it seems some members have been charged.
(e) Should the members file a civil action in NY District Court and request that control of the Trusteeship be removed from the International and placed in the hands of a Federal Judge pending investigation of the violations of the LMRDA and UBC Constitution as is their right under the LMRDA?
SEC. 304. (a) Upon the written complaint of any member or subordinate body of a labor organization alleging that such organization has violated the provisions of this title (except section 301) the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred and has not been remedied he shall, without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate
2. Has Spencer and Quinn responded as indicted that they would in a "Few Days" Will someone be able to verify the International and Quins actual involvement in the drafted responses
3. Will the 157 membership demand a nomination and vote to replace the vacated Officer Positions and send Fordes Business Reps packing if these individuals do not have the support of the membership.
4. Since a hearing was never held to allow members to oppose the imposition of the Trusteeship or the members were never made aware that they could challenge the Trusteeship should they request the DOL to rule the Trusteeship invalid and any actions taken by Spencer and Forde illegal.
Hearing Requirements
If the constitution and bylaws of a parent union provide for a hearing in connection with the establishment of a trusteeship, then any trusteeship the union imposes is not valid unless a hearing is held. In addition, courts have held that regardless of whether the parent union's constitution so provides, the subordinate union should ordinarily be given a fair hearing, including notice of the charges and an opportunity to oppose the imposition of the trusteeship. The hearing, absent an emergency situation, should be held before the trusteeship is imposed or within a reasonable time thereafter.
5. Will the Local 157 members seek legal advice?
(a) In determining what action to take now
(b) How to prevent any move to dissolve or merge 157 if the International attempts to retaliate for this meeting or the members raising these issues
(c) To help determine if the LMRDA and UBC Constitution has been violated and the members of 157 should pursue a complaint with the DOL and/or a civil action
(D) Can the 157 membership use 157 funds or attorneys retained by the Local that do not have conflicts with the District Council or International to protect the members in regards to the Trusteeship
6. Who is the last duly elected Officer of Local 157 still seated. Is Delacio still VP. What is Derrcicco since he is according to the UBC Constitution NOT the President of 157.Is he still Recording Secretary
7.Who is calling the June meeting? An official meeting signals the end of the Trusteeship and the end of Spencers or the International control so who is legally allowed to call a meeting to order. Any of the Forde appointees are Business Reps in the Council only and not duly elected Officers of Local 157 and have no right to call a meeting to order or call for a meeting at all. The only Officer next in line who is not challenged (as is Delacio) is Derricio but only in his capacity as Recording Secretary and NOT AS Business Manager. There must be a clear and separate distinction for the record to stop Forde form being successful in his attempt to blend the two titles and allow a Council to appoint Local Officers as he has tried to do here.
John,
ReplyDeleteHow did the meeting go. What kind of turnout of the membership did you have. Any issues resolved. Any decisions on the UBC Constitution issues made. What was the consensus of the members who did attend??