Frank Spencers Conscience, His Brain Speaks...

The Health Care Fight Has Just Begun

The months long drama over the fate of President Barack Obama’s health care plan ended at 1 AM this morning when the Senate voted  60 - 40, on a strictly party line vote, to end debate on Majority Leader Harry Reid’s (D-NV) manager’s amendment; a mere 38-hours after it had been unveiled to the American public.

With Sens. Joe Lieberman (I-CT) and Ben Nelson (D-NE) threatening to veto the bill if any significant changes are made by the House in conference, it is virtually guaranteed that this is the version of Obamacare that will be signed by the President before his State of the Union address in January.

Final passage of this health bill will be historic, but not in the way President Obama intended. Never before has such a large restructuring of the U.S. economy been passed on a straight party-line vote.

Never before has legislation so unpopular with the American people been passed on a straight party-line vote. Never before has the fate of one-sixth of our economy been so dependent on backroom deals and payoffs the full extent of which may not be known for years.

To defend this abomination of a bill yesterday on the Sunday shows, the White House did not send Health Reform director Nancy-Ann DeParle or Budget director Peter Orszag. Instead they sent White House sent political consultant David Axelrod to defend the bill on three of the five top Sunday shows. But there simply is no defending the policy substance of this bill:

Busts the Federal Budget: According to the Congressional Budget Office (CBO), the amended Reid plan would reduce the federal budget deficit by $132 billion over the period 2010 to 2019, but that is a mirage. The CBO can only score what the Senate tells them they will do, not what everyone knows they actually will do. For example, the Senate bill cuts Medicare fees for doctors by 20% starting in 2011. Nobody believes these cuts will be allowed to happen. By changing just that provision, Obamacare ends up adding $196 billion to the deficit in the first 10 years and $765 billion in the second decade.

Busts State Budgets: According to The Fiscal Survey of States, 31 states cut higher education and 26 states cut K-12 education in 2009. This is because Medicaid and education are almost always any states two highest budget items, and states cannot touch the entitlement to Medicaid. Obamacare only increases state Medicaid obligations thus further bankrupting states. This is why Sen. Nelson demanded a permanent Medicaid bailout for Nebraska in exchange for his vote. Other states like Hawaii, Vermont, and Massachusetts also won key federal bailouts for their health programs. Who are the losers? All the other that are forced to pick up the $1 billion tab.

Increases Health Care Costs: Throughout the health care debate, President Obama promised reform that would “bend the cost curve down” on health care spending. But according to the President’s own the Centers for Medicare and Medicaid Services (CMMS) the Senate does exactly the opposite, actually driving health care costs up by adding $234 billion to national health expenditures.

Endangers Americans Quality of Care: President Obama used to promise that “If you like your health care plan, you can keep your health care plan.” But as the CBO confirmed this month 10 million Americans will be forced out of their current health insurance plan should Obamacare become law. Even worse, CMMS has reported that Obamacare’s $493 billion in Medicare cuts could force as many as one-in-five health care providers into insolvency thus forcing them out of the Medicare program.

Forces Americans to Pay for Abortions: Despite the inclusion of the Nelson amendment, when the federal government’s role over the financing and delivery of health care grows, as it does under this bill, a requirement to segregate premiums that cover abortion services would be merely cosmetic in practice.

$400 Billion in New Taxes: From taxes on employment to taxes on tanning beds, Obamacare is funded with over $400 billion in new taxes at a time of double digit unemployment, including $29 billion in taxes on 19 million Americans who still will not receive any health insurance.

A “Starter Home” for Government Run Health Care: While technically not a public option, this scheme will have the same results. By giving unprecedented power and authority to the Director of Office of Personal Management, the multi-state plans created in the bill will simply become the government plan. Single payer advocate Sen. Tom Harkin (D-IA) is even calling the bill a “starter home” for further reform.

This bill will only make every single problem with out health care system worse: higher spending, higher deficits, and worse care. Former-Democratic National Committee Chair Howard Dean said on Meet the Press yesterday, “[This bill] simply sets us on a track in this country which is expensive and where we’re going to have lots more political fights.” Dean is dead on. President Barack Obama’s signature on this health care bill settles nothing: it is only the beginning of a much larger health care fight.

Posted December 21st, 2009 at 9.55am in Health Care.

Bill Comparison

Labor vs. Labor

By Elizabeth Benjamin

It's hard to overstate just how angry members of the labor community - particularly the building trades - are over the death of the Kingsbridge Armory project and the loss 1,000 construction jobs it would have created.

That anger erupted at a Central Labor Council monthly meeting yesterday, sources said, when PSC's Barbara Bowen stood to congratulate RWDSU President Stuart Appelbaum, who led the Kingsbridge opposition.

"As soon as she opened her mouth, the building trades and the teamsters went crazy," a labor source said. "They're absolutely furious. They had to stop the whole meeting."

Things got so heated that a special meeting is being called next month just to address this issue - and provide both sides with some time to cool off.

The trouble is, as my source put it: "People aren't going to move on."

Kingsbridge was the talk of the AFL-CIO's annual labor dinner at the Sheraton last night. I ran into Steve McInnis, the political director for the carpenter's union, who darkly told me: "Every action has an equal and opposite reaction."

He recalled the 2007 fight between the UFT and the carpenters over the teacher's union plan to use non-union labor on a Bronx housing project for educators.

The building trades threatened to demonstrate outside then-UFT President Randi Weingarten's birthday celebration, but ended up calling off their plans at the last minute after she caved and agreed to use union construction workers.

McInnis didn't offer any details on what sort of retaliatory tactics the building trades are planning, but it doesn't sound pretty.

Appelbaum is the chief target of most of this ire. There has been talk of the building trades pulling their historic support for preventing Wal-Mart from coming into the city - a key bread-and-butter issue for the RWDSU.

Adding fuel to the Kingsbridge fire is the fact that many in the labor community consider this fight a continuation of the mayor's race, in which the bulk of the trades backed Mayor Bloomberg while Appelbaum was an outspoken supporter of Comptroller Bill Thompson.

"He didn't win the mayor's race, so Kingsbridge is Miss Congeniality. But he won it at a huge price - he cost union jobs," my source complained. "We have always, as a group, been able to work out the best deal for everyone we could. This is the first time a single union threw everyone under the bus."

Appelbaum and his supporters have argued that Kingsbridge is a real victory because it changed the political landscape in the city and established a benchmark for so-called living wages in publicly-funded projects. They have pledged to make the fight citywide, and perhaps even statewide with IDA reform legislation as the vehicle.

Opponents insist the Council's Kingsbridge votes, which Mayor Bloomberg vetoed - as promised - yesterday, were actually a political anomaly born both out the still-fresh results of the mayor's race and the yet-to-be held speaker's vote, which curtailed Christine Quinn's power to corral the renegade Bronx delegation.

The Council now has 10 days to vote to override Bloomberg's vetoes. The mayor himself has said isn't holding out much hope there and expects the Kingsbridge project to remain dead. He has consoled himself by pointing out the passage of the West Side Rail Yards rezoning, which he noted is a much bigger project than Kingsbridge.

Next up: The Broadway Triangle battle, which will perhaps shed some light on whether Kingsbridge will have a lasting effect or really was just a blip on the City Hall radar screen.

Changes Job Referral Department

Effective January 1, 2010, carpenters on the Out of Work List will have to be available to receive a call from the Job Referral Office between the hours of 3:00 p.m. and 9:00 p.m, Monday to Friday.
Members(2)

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We hear... THAT Joe Firth is calling for early elections in Local 608. Seems he and his supporters are not happy that Firth was fired and made a scrapegoat for violations of the job referral rules.

Firth is rumored to mount a challenge newly installed Martin Devereaux for local 608 president.

The November and December local 608 meetings had to be shut down and police called in to avoid a riot. Spencer and Devereaux sent the below letters to 608 members, in an effort to calm things down.

Spencer Letter

To Whom Will We Give Thanks?

To the God whom George Washington, in the first national Thanksgiving Day proclamation in 1789, called on all Americans to “unite to render unto Him our sincere and humble thanks for His kind care and protection.”

To the God to whom Abraham Lincoln looked in the midst of the Civil War as he made Thanksgiving an annual national holiday in 1863:

“No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy.”

Today we give thanks to the Creator who is the source of our sovereignty.

We pause in gratitude to He who has endowed us with the inalienable rights to life, liberty and the pursuit of happiness.

And just as no government has granted these rights, no government can legitimately take them away.

This is the freedom the pilgrims prayed for, Washington fought for and Lincoln stood for.

As important as it is to give thanks today is to remember, as Americans have before us, to whom we give thanks.

May you and your family have a happy, healthy and blessed Thanksgiving.

Mayor Signs $5.3B PLA's

NOVEMBER 24th -- Mayor Mike Bloomberg today announced the signing of long-awaited Project Labor Agreements (PLA's) worth $5.3 Billion in public projects over the next four years. The signing of the PLA's caps an eight-month negotiation process between the Trades and the City administration. These are the first-ever PLA's for City agencies. The PLA for the School Construction Authority builds on a previous PLA agreement. The announcement was made at the Chelsea Career and Technical Education High School at Spring and Broome Streets in Soho.

Calling the PLA deals "the economic downturn's silver lining," the Mayor said hard economic times have allowed the City to win $300 million in savings from labor unions by exacting concessions in work rules and overtime, including a waiver of Wicks Law provisions. (Hear audio of the Mayor here.) Building and Construction Trades Council President Gary LaBarbera, in response to a question, countered by noting that the PLA's put savings dollars back into the City's capital budget, where they will be used to fund an additional 1,800 unionized construction jobs. (Hear audio of Mr. LaBarbera here.)

The solid turnout of labor leaders at the event -- including top officials of the Mason Tenders, Ironworkers, Painters, Elevator Constructors, and others -- was a clear indication that they support the PLA's and believe their funding guarantees will be instrumental in helping many union members ride out the recession. The PLA's mean different things to different unions, with some -- like Mason Tenders Local 79 -- looking to see significant hiring. Others, like the Elevator Constructors, are expecting just a small boost.

Building Trades Employers' Association President Lou Coletti thanked the Mayor for stimulating jobs and said that his contractors would "compete very heavily" for the work, thus insuring greater savings for the City. (Hear audio of Mr. Coletti here.)

Overtime is capped at time-and-a-half for work performed from Monday through Saturday with no restriction on the ability of contractors to schedule overtime to meet deadlines. All trades have agreed to standardization of terms and flexibility of scheduling at job sites, including eight standard holidays, 8-hour day, 40-hour weeks, flexible start times, and coordinated lunch periods. Strikes are prohibited even if broader work stoppages exist outside the work sites.

The Mayor's office said the PLA's will fund 32,000 construction jobs over the four year life of the agreements. He was joined by Reverend Jacques A. DeGraff of the Minority Business Leadership Council, who noted that the PLA's have specific provisions to increase the numbers of minorities and women who can be placed on construction jobs. For contracts and subcontracts of less than $1 million, managed by non-union Minority and Women-Owned Business Enterprises, the contractor will be allowed to fill as many as half of the first eight jobs on a project with their own workforce. The PLA's commit unions to the goal of hiring 45% of apprentices from the ranks of minorities, women, returning veterans, and new high school graduates of the City's public schools.

Here is a breakdown of the four Project Labor Agreements which were finalized today:

The first covers $942 million in projects for the general renovation and rehabilitation of existing City-owned buildings and structures.

The second and third, worth $1.9 billion, covers eleven large-scale, new construction projects, including a new Police Academy, a new branch library in Far Rockaway, and the City's new 911 dispatching center.

The fourth PLA, between the School Construction Authority (SCA) and the Building and Trades Construction Council, funds $2.5 billion or renovation and rehabilitation of schools.

The Mayor made it clear that other PLA's are in the works. including one which would cover an additional $509 million of work at wastewater treatment plants, housing properties owned by the City and at other sites.

Atlantic Yards Project in Brooklyn Clears Legal Hurdle

By CHARLES V. BAGLI

The last major obstacle to a groundbreaking for the $4.9 billion Atlantic Yards development in Brooklyn fell Tuesday when New York’s highest court, the Court of Appeals, dismissed a challenge to the state’s use of eminent domain on behalf of the developer, Bruce C. Ratner.

Mr. Ratner, whose 22-acre development has been delayed for three years by a flurry of lawsuits, the collapse of the credit and real estate markets and a glut of luxury housing, plans to begin selling tax-free bonds next month to finance the development’s cornerstone project: an 18,000-seat basketball arena for the New Jersey Nets at the intersection of Flatbush and Atlantic Avenues near downtown.

The Court of Appeals ruled that the state could exercise eminent domain in seizing the 22 acres, much of which sits within an urban redevelopment area, for Atlantic Yards. Critics of the project had argued that eminent domain on behalf of a private developer was improper and a violation of the state’s Constitution.

“Once again the courts have made it clear that this project represents a significant public benefit for the people of Brooklyn and the entire city,” Mr. Ratner said. “Our commitment to the entire project is as strong today as when we started six years ago. Today, however, this project is even more important given the need for jobs and economic development.”

The developer expects that construction of the arena will take about 28 months, enabling the Nets to move from East Rutherford, N.J., to Brooklyn about June 2012.

Those opposed to the project said that the decision, while a setback, was hardly the end of the fight.

“The fight against the Atlantic Yards project is far from over,” said Daniel Goldstein, a spokesman for Develop Don’t Destroy Brooklyn, a community group that opposes the project. “The community has four outstanding lawsuits against the project and, meanwhile, the arena bond financing clock ticks louder and louder for Ratner. While this is a terrible day for taxpaying homeowners in New York, this is not the end of our fight to keep the government from stealing our homes and businesses.”

If construction begins in the coming weeks as expected, Atlantic Yards will stand out in a city where 530 different construction projects are stalled, sitting lifeless and without adequate financing in virtually every neighborhood.

Atlantic Yards would transform a busy intersection of two major thoroughfares dominated by a deep railroad cut where Long Island Rail Road trains are cleaned between rush periods. The billion-dollar arena would be the most expensive in the country and home to Brooklyn’s first major league ball club since the Dodgers baseball team left after the 1957 season. Plans also call for 16 high-rise towers on the adjacent blocks, mostly residential buildings with as many as 6,430 apartments.

Still, Mr. Ratner and state officials, who support his project, have to contend with at least three other lawsuits, an uncertain real estate market and a lack of construction financing. The developer has said that he will start the first residential building six months after beginning the arena. But with so many new apartments sitting vacant, analysts say it could be many years before demand would justify building so many units in one neighborhood.

The arena would be built on an 8.5-acre railyard and on adjacent property. Some of the owners of the property oppose the project, and brought the initial eminent domain lawsuit. On Monday, Mr. Ratner, chief executive of Forest City Ratner, turned over a $50 million temporary yard, just to the east of the original, to the Long Island Rail Road. (Forest City Ratner was the development partner for the new Manhattan headquarters of The New York Times Company.)

Also on Tuesday, a state-sponsored local development corporation approved issuing a combination of tax exempt and taxable bonds to finance construction of the arena.

Labor Department Targets Wage and Hour Violations

The Department of Labor is cracking down on wage and hour violations.

Secretary of Labor Hilda Solis announced that the department has hired an additional 250 wage and hour investigators, boosting staffing by one third to respond more quickly to complaints and undertake more targeted enforcement.

"There is no excuse for employers who disregard federal labor standards – especially those that are designed to protect the most vulnerable in the workplace," said Solis in a statement. "The failure to comply with these basic labor standards means that workers are not receiving the money they have earned."

In the past three months, the Labor Department has brought two enforcement cases that resulted in the recovery of nearly $2 million in back wages for 500 workers.

The Labor Department’s Wage and Hour division administers the Fair Labor Act, which sets standards for minimum wages, overtime pay, recordkeeping, and child labor. The act applies to companies with at least $500,000 in annual business.

It also covers domestic service workers, such as day workers, housekeepers, chauffeurs, cooks, or full‑time babysitters, if they receive at least $1,700 in 2009 in cash wages from one employer in a calendar year, or if they work a total of more than eight hours a week for one or more employers.

Next year, the department plans to launch a national public awareness campaign titled "We Can Help" to inform workers about their rights.

Supervision 100 Days and Counting

It's been over 100 days since the "emergency supervision" of the New York City District Council Of Carpenters and what has the membership been officially told by Supervisor Frank Spencer?

Other than Spencer's message on the councils web site (posted below), there has been little information about what changes have been made, what actions have been taken and has anyone been removed, fired or held accountable for revelations of:

• Corruption
• Drug use
• Prostitution (see page 505)
• Hiding illegal weapons and drugs on our property
• Employees removing hair from their bodies in order to avoid detection of drug use 
• Financial Mismanagement
• Cash Flow Mismanagement, costing $300 to $500 thousand per year in lost interest (see page 5)
  
• Trustees not adequately performing their duties
• Losing control over the management of employee spending
  
• Employees with serious driving offense are provided union cars and expense reimbursements
  
• Flawed systems of accountability in place
• Taking sick leave
  

Certainly this blog has done a much better job of keeping the membership updated and informed.

Also have you noticed, every link on the councils website points to a page that is "Under Construction" (snapshot pictured). I wonder why?

Is this how Spencer defines effective supervision?

After nine years of being misled and lied to, by the "Unity Team" administration, the hard working dues paying membership of this union deserves a whole lot better than what we are getting!

*****Spencer's Message*****

"We would like to thank all the members who participated in the NYC District Council hearings held in NYC on October 15th and 16th. We are committed to a District Council that acts in the best interests of the members and will be updating our website regularly with information regarding any procedure and/ or policy changes pertaining to our membership and the District Council. We welcome your feedback and look forward to hearing from you. In order to ensure that members who were unable to attend the Supervision Hearings at the Javits Convention Center have full access to the information presented to the hearing panel we have posted the testimony presented by Frank Spencer, Phil Newkirk and Terrence Mooney."

Below you will find the testimony from:

Frank Spencer, Supervisor of the New York City District Council of Carpenters.

Phil Newkirk, Assistant to the General President, who was assigned to investigate the affairs of the New York City District Council of Carpenters relevant to the Emergency Supervision.

Terrence R Mooney, a Certified Public Accountant, who performed an audit of the accounting records and internal controls of the New York City District Council of Carpenters for the period of July 1, 2006 to August 9, 2009.

Letter from Douglas J. McCarron to Peter Thomassen

Letter from Douglas J. McCarron to the membership of the NYC District Council of Carpenters

United States of America V. Michael Forde, et al., S3 08 Cr. 828

Letter from Frank G. Spencer to the membership of the NYC District Council of Carpenters

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WORD is...Dennis Sheil had an unlucky Friday the 13th. Seems the federal government would like to ask the former "Unity Team" partner a few questions. Sheils however is not in the talking mood, he advised his lawyers that he would have to plead the fifth if questioned. Sources say district council lawyer Gary Rothman advised Sheil to use his sick time and retire. Dennis was spotted last Friday cleaning out his desk.

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Sightings…Dennis Sheil and Lawrence D'Errico were spotted at the Empire State Regional Council for a meeting with EST, Patrick Morin on November 10, 2009.

Manhattan DA Demolishes $1 Million Construction Scheme: Contracting Company Caught Allegedly Defrauding Employees Pay

The Manhattan District Attorney announced the arrest and indictment earlier today of Michael Batalias, Elisavet Batalias, Vassiliki Stergiou and EMB Contracting Corporation for defrauding employees in the neighborhood of $1 million dollars. The defendants are charged with Grand Larceny in the First Degree and Scheme to Defraud in the First Degree. Moreover, Elisavet Batalias was charged with eleven counts of Offering a False Instrument for Filing in the First Degree.
According to the Manhattan District Attorney's Office:

EMB Contracting Corp is a "general contractor providing labor in the rehabilitation/construction of 30 public schools throughout New York City. As provided by the New York State Labor Law, and under the terms of these contracts, EMB was required to pay all of the employees engaged in working on these contracts the prevailing wage and supplemental benefit rate. The Office of the Inspector General for the SCA began investigating EMB after receiving a number of complaints that the firm was not paying employees the required prevailing wage rate, but rather roughly a third to a half of the rate, and was not making appropriate contributions to the union pension fund."

Prosecutors allege the the contractors were not merely "cooking" the books, but also created a new set of "dummy" records as well. All of this, according to the Manhattan DA, was to hide underpayments. Additionally, EMB falsified payroll reports and completely omitted workers from records while adding those who did not actually work. In fact, when it came time to submit the payment applications, it is alleged that Elisavet Batalia provided sworn affidavits that the prevailing was was paid to employees when it had not. Vicky Stergiou also is alleged to have given cash "off the books" to employees by cashing EMB checks made payable to other people. The alleged fraud perpetrated by the defendants took another step towards criminality when Michael Batalias allegedly staged a accident at a different location after an employee was hurt elsewhere.

While I am certainly not privy to the facts of the case beyond the press release, the defendant's certainly have a difficult road ahead. The police executed a search warrant in 2008 and likely have subpoenaed bank and payroll records. Moreover, it appears that there are numerous employees, ie, witnesses, who could testify as to how they were paid, hours worked and conduct of the EMB. That being said, although it is not an affirmative defense as it is in the context of Falsifying Business Records, did any of the defendants offer the false instrument at the behest of a supervisor and without any personal benefit? Did each individual indicted by the Grand Jury have the intent to perpetrate these crimes? Are there documents supporting each of the defendants' involvements or is the indictment based on the general roles of the defendants at EMB? Whatever the defense may be, the defendants should implement it immediately.

Grand Larceny in the First Degree is a class B felony punishable by up to 8⅓ to 25 years in prison. Offering a False Instrument for Filing in the First Degree and Scheme to Defraud in the First Degree are class E felonies punishable by up to 1⅓ to 4 years in prison.

Crotty Saland, LLP is a white collar criminal defense firm located in New York City. Founded by two former Manhattan prosecutors, Crotty Saland, LLP has successfully represented clients in white collar criminal matters ranging from multiple million dollar Criminal Tax Fraud cases to crimes involving Forged Instruments, Identity Theft and Grand Larceny in the tens of thousands of dollars.

EMB CONTRACTING CORP. (EMB)

DISTRICT ATTORNEY - NEW YORK COUNTY
NEWS RELEASE November 12, 2009	Contact: Alicia Maxey Greene 212-335-9400
Manhattan District Attorney Robert M. Morgenthau announced today the indictment of a Queens-based general contracting firm, EMB CONTRACTING CORP., and its principals for defrauding employees out of more than $1 million in unpaid wages and benefits.  The defendants, EMB CONTRACTING CORP. (EMB), and its former and current de facto president MICHAEL BATALIAS, 65, were indicted on charges of grand larceny and scheme to defraud. Also named in today’s indictment are EMB’s President ELISAVET BATALIAS, 35, who was indicted on charges of scheme to defraud and offering a false instrument for filing, and VASILIKI (a/k/a VICKY) STERGIOU, 44, the office manager, who was indicted on charges of scheme to defraud. The crimes charged in the indictment occurred between April 1, 2007 and December 28, 2008. The investigation leading to today’s indictment revealed that EMB is a general contracting firm that specializes in large public works contracts.  The criminal conduct outlined in this indictment involves contracts entered into with the New York City School Construction Authority (SCA) whereby EMB was the general contractor providing labor in the rehabilitation/construction of 30 public schools throughout New York City.  As provided by the New York State Labor Law, and under the terms of these contracts, EMB was required to pay all of the employees engaged in working on these contracts the prevailing wage and supplemental benefit rate. The Office of the Inspector General for the SCA began investigating EMB after receiving a number of complaints that the firm was not paying employees the required prevailing wage rate, but rather roughly a third to a half of the rate, and was not making appropriate contributions to the union pension fund. The initial investigation provided the District Attorney's Office with probable cause to obtain and execute a search warrant at EMB’s offices in December of 2008.  The defendants took a number of criminal steps to hide these underpayments from the SCA.  These included creating falsified payroll reports which had no bearing on the real hours worked by the workers.  Sometimes workers who worked were totally omitted, and sometimes workers who did not work were included.  In fact, EMB paid workers by eight hour segments.  Thus if a worker worked 48 hours he got 6 times his daily pay, which ranged from $130 to $240, paid in cash and check combinations.  These amounts were well below the prevailing wage, which during the period charge ranged from about $384 to $408 for 8 hours. Additionally no overtime was paid.  Nonetheless, the payment applications included sworn affidavits by ELISAVET BATALIAS attesting that EMB was paying the required prevailing wages and benefits. STERGIOU administered the cash payroll system and generated cash to give workers “off the books” by cashing EMB checks made out to third persons. Further investigation revealed that on December 17, 2006, MICHAEL BATALIAS and EMB, in order to avoid detection of the underpayment, removed a worker who was injured on a school project in Fresh Meadows, Queens to EMB’s warehouse in Astoria, Queens and staged the scene so that it would appear as if the accident occurred at the warehouse.   Defendants, EMB CONTRACTING INC., and MICHAEL BATALIAS have been indicted on one count each of Grand Larceny in the First Degree and Scheme to Defraud in the First Degree. ELISAVET BATALIAS and VICKY STERGIOU have been indicted on one count each of Scheme to Defraud in the First Degree. ELISAVET BATALIAS was additionally indicted on 11 counts of Offering a False Instrument for Filing in the First Degree. MICHAEL BATALIAS AND EMB are charged in the same indictment with a second count of Scheme to Defraud in the First Degree for that conduct.    Grand Larceny in the First Degree is a class B felony punishable by up to 8⅓ to 25 years in prison. Offering a False Instrument for Filing in the First Degree and Scheme to Defraud in the First Degree are class E felonies punishable by up to 1⅓ to 4 years in prison. The defendants were arrested this morning and are scheduled to be arraigned this afternoon in State Supreme Court, Part 1.  Mr. Morgenthau thanked Barbara DiTata, Inspector General of the SCA, for the assistance of her investigative staff, including Gerard McEnroe, Investigative Counsel, and Investigators James O’Brien, Leroy Callier, and Nick Scicutella.  Mr. Morgenthau also thanked the New York State Insurance Fund Acting Director Francine James and the Division of Confidential Investigation Director Laurence LaPointe.  Assistant District Attorneys Thomas Mooney and Elizabeth Lederer, Senior Investigative Counsel in the Labor Racketeering Unit, are handling the prosecution under the supervision of Assistant District Attorney Michael Scotto, Chief of the Labor Racketeering Unit.  Rackets Investigators Stuart Prakin and Robert Tarwacki assisted with the investigation under the supervision of Senior Rackets Investigator Terry Quinn and Chief Investigator Joseph Pennisi.  Deputy Chief Financial Investigator Michael Kelly also participated in the investigation. Defendants' Information: MICHAEL BATALIAS, 4/25/1944 80 Stone Hill Drive East Manhasset, New York ELISAVET BATALIAS, 12/28/1973 80 Stone Hill Drive East Manhasset, New York VASSILIKI STERGIOU (a/k/a VICKY STERGIOU), 11/7/1964 1701 Tower Drive Edgewater, New York EMB CONTRACTING CORP. 24-59 47th Street Astoria, New York

Building Delusions at the Carpenters

By Richard Dorrough

Carpenters President Douglas McCarron is delusional indeed. He’s dismissed the AFL-CIO’s newly chartered carpenters organizing committee and placed faith in his “corporate unionism” approach and a repressive, self-serving regime that destroys the democratic rights of rank and file members.

The 500,000-member Carpenters (UBC) left the AFL-CIO earlier this decade even before other Change to Win unions did, saying its per capita dues were going to waste. It joined CTW in 2005, but now, with CTW falling apart, the UBC quietly announced that it has pulled out of that federation, too.

At its September convention, the AFL-CIO passed Resolution 70 unanimously, which announces that if the UBC doesn’t return to the AFL-CIO and stop raiding other building trades unions, an AFL-chartered organizing committee will start bringing carpenters into the federation.

Perhaps McCarron is counting on leaders in the AFL-CIO trades to stick to their promises made from the convention floor, where they declared that the newly chartered locals will not organize those already affiliated with another union.

But if the UBC loses members to an AFL-CIO threat that turns out to be real, it is directly due to the policies and rules instituted by McCarron and his cronies.

DAILY RAIDS

The UBC attempts to raid the work of our fellow brother and sister union trades people on a daily basis. Their livelihood and paychecks are under constant attack. Yet McCarron claims that there is no problem and that all the trades are working together.

McCarron’s idea of working together is “wall to wall” contracts the Carpenters are trying to negotiate in which all trades are under their control. Other trades have spent millions of their membership’s hard-earned wages to fight off the UBC attacks on their work. Under McCarron’s cut-throat unionism his own Carpenters have been reduced, by his command, to piecework and severely reduced wages. His membership languishes on out-of-work lists for months at a time. Is this “all trades working together”?

UBC members suffer under McCarron's repressive regime, too. He consolidated power at regional councils, out of control of local union members. He supports the destruction of working locals by allowing regional councils to raid their funds and seize control of all aspects of their existence, so that a duly elected local president can be locked out of his own union hall. Locals that fight to retain their autonomy are crushed. Council officials have been repeatedly indicted for bribery, drugs, and fraud, including in New York City and Michigan.

The Carpenters promised reduced costs and better service for members by forcing the merger of local funds into regional funds. But local welfare, annuity, and pension funds have been devastated and members’ costs have doubled and tripled. We have full-time working Carpenters who cannot get health benefits for themselves or their families due to the mismanagement of these regional councils.

MARKET SHARE?

McCarron’s assessment of the Carpenters’ market share and ranks is another delusion. His corporate unionism policies have decimated rank-and-file membership numbers. In our own upstate New York local we have lost 440 members over a five-year period.

The UBC organizing motto seems to be “organize or lie.” The drop-out rate of new members is astronomical.

While members’ families suffer without benefits, and carpenters are out of work for months at a time, officials continue to reward themselves. They take ridiculous salaries: Patrick Morin (a trustee on funds that lost millions to the Bernie Madoff scheme) is taking home $321,000 in compensation and $175,000 in his pension each year after his recent $10,000 raise at the Empire State Regional Council, which covers suburban New York regions and central New York state. Local 370 President William Weir announced a 600-hour increase per year for the rank and file to qualify for health benefits and then took a $20,000 raise for himself.

McCarron apparently sees Resolution 70 as no threat. Does he believe he can stop an exodus of the UBC membership to newly chartered AFL-CIO carpenters organizations?

Perhaps he, like many others, sees Resolution 70 as blowing smoke in an attempt to bring Carpenters’ per-capita money back into the AFL-CIO coffers.

I do not advocate separation from the Carpenters. Instead the UBC needs to divest itself of corruption and restore democratic unionism by cleaning out and dissolving the regional councils.

But let’s be clear: The Carpenters are going down not because of evil non-union contractors or disgruntled “Commies and deranged loners” in the UBC, as McCarron likes to call them. The blame rests squarely on the shoulders of the present leadership.

Richard Dorrough is a member of Carpenters Local 370 in Albany, New York. See the full version of his response to Resolution 70 at his site. 

Union Dues It's Your Money Isn't It?

Transparency measures undertaken by former Labor Secretary Elaine Chao, updated the financial reporting forms that unions are required to file with the Labor Department and IRS.

Under Chao, the DOL required unions among other things, to itemize their expenditures and report how much they paid union employees.

Because of these reforms, rank-and-file members can see how their union dues are spent.

Financial transparency protects union members from corrupt officers.

Unfortunately, the leadership at New York District Council of Carpenters would rather keep us blindfolded and deny our fundamental right to information or voting on our contracts.

Union members clearly deserve to know how their dues are spent.

Less transparency in union finances has facilitated union corruption.

Clearly, Unity Team union officers, motivated by greed, conducted the affairs of the council like a self-serving out of control criminal enterprise, that was both detrimental to the welfare and best interest of the district council and its members.

With the arrest of Mike Forde and revelations at the UBC Hearings of:

• Corruption
• Drug use
• Prostitution (see page 505)
  
• Hiding illegal weapons and drugs on our property
• Employees removing hair from their bodies in order to avoid detection of drug use 
• Financial Mismanagement
• Cash Flow Mismanagement, costing $300 to $500 thousand per year in lost interest (see page 5)
  
• Trustees not adequately performing their duties
• Losing control over the management of employee spending 
• Employees with serious driving offense are provided union cars and expense reimbursements
  
• Flawed systems of accountability in place (see page 93)

There is widespread disgust, outrage and mistrust building among the rank and file, demanding more financial transparency, accountability and detailed information on how our dues money is spent.

Since becoming Supervisor, Frank Spencer has undertaken "several measures" in an attempt to correct the problems plaguing the district council. While we applaud Mr. Spencer's initiatives, observers say they fall short of the mark.

The biggest obstacle to reform, is these "measures" are being implemented by the same people who have failed us and led us to where we are today.

It not assuring that Spencer named former "Unity Team" partner, Pete Thomassen, as "assistant" nor the fact that most of Forde's enablers are still in positions of power and trustees to our benefit funds. This is a major source of mistrust and anger among the rank and file.

The illusion that Spencer has cleaned house is just that; an illusion.

Why did Spencer name Thomassen, assistant supervisor?

Why would Spencer do this?

Is union politics trumping what is in the best interest of the membership?

Unfortunately, these questions remain unanswered, since Spencer has refused to answer written questions, or provide a forum to answer questions directly.

In an effort to better educate our members on union finances and provide much needed transparency, Local157.blogspot.com is providing you with one click, free access to the latest IRS form 990, Department of Labor form LM-2 and 5500 Reports filed by the New York District Council of Carpenters. Under the law you have a right to this information.

What is a IRS Form 990?
Form 990 is an annual reporting return that certain federally tax-exempt organizations must file with the IRS. It provides information on the filing organization's mission, programs, and finances.

How to read IRS Form 990.
Form 990 Information

What is a Form 5500?
Annual Report Form 5500. This report is required to be submitted annually by many ERISA-covered plans. It contains various schedules with information on the financial condition and operation of the plan.
How to read Form 5500
Form 5500 Information

What is a Form LM-2?
Unions covered by the Labor Management Reporting and Disclosure Act are required to submit annual financial statements to the US Department of Labor. The LM-2 Form will tell you how many members the union has, the salaries of officers and staff, and other useful information.

Form LM-2 Information
Look up LM-2

990 Reports filed for the District Council, click to view each year.

Date Received	Filing Type	Fiscal Year Ending	Trust Name	Plan Number		Total Liabilities	Total Receipts
Feb 09, 2009	990	2009	Labor Management	56-2410898
Feb 09, 2009	990	2008	Labor Management	56-2410898
Jan 11, 2008	990	2007	Labor Management	56-2410898
Feb 19, 2010	990	2009	District Council	13-5569960
Sep 24, 2008	990	2008	District Council	13-5569960
Feb 4, 2008	990	2007	District Council	13-5569960
Sep 27, 2008	990	2008	Carpenters Charity Fund	56-2389393
Feb 22, 2008	990	2007	Carpenters Charity Fund	56-2389393
Apr 22, 2009	990	2008	Carpenters Relief & Charity Fund	13-3490897
Apr 17, 2008	990	2007	Carpenters Relief & Charity Fund	13-3490897
Apr 17, 2008	990	2007	Carpenters Vacation Fund	13-6227443
Apr 10, 2007	990	2006	Carpenters Vacation Fund	13-6227443
Apr 17, 2007	990	2006	NYCDCC Apprenticeship, Journeyman	13-2583087
May 10, 2008	990	2007	NYCDCC Apprenticeship, Journeyman	13-2583087
May 10, 2009	900	2008	NYCDCC Apprenticeship, Journeyman	13-2583087
Apr 3, 2007	990	2006	Carpenter Welfare Fund	13-5615576
Apr 7, 2008	990	2007	Carpenter Welfare Fund	13-5615576
Apr 9, 2009	990	2008	Carpenter Welfare Fund	13-5615576
Oct 13, 2008	990	2008	Union Security Trust	13-5553175
Oct 10, 2007	990	2007	Union Security Trust	13-5553175

5500 Reports filed for the District Council, click to view each year.

Date Received	Filing Type	Fiscal Year Ending	Trust Name	Plan Number		Total Liabilities	Total Receipts
Apr 10, 2008	5500	2007	Carpenter Pension Fund	51-0174276
Apr 10, 2007	5500	2006	Carpenter Pension Fund	51-0174276
Apr 10, 2007	5500	2006	Carpenters Welfare Fund	13-5615576
Apr 10, 2008	5500	2007	Carpenters Welfare Fund	13-5615576
Apr 13, 2007	5500	2006	Retirement & Pension Plan NYCDCC Employees	51-0167964
Apr 11, 2008	5500	2007	Retirement & Pension Plan NYCDCC Employees	51-0167964
Oct 3, 2007	5500	2006	Union Security Trust Fund	13-5553175
Oct 13, 2008	5500	2007	Union Security Trust Fund	13-5553175
Oct 3, 2007	5500	2006	Retirement Plan of Trustees	13-1930084
Oct 13, 2008	5500	2007	Retirement Plan of Trustees	13-1930084
Apr 10, 2007	5500	2006	Carpenter Annuity Fund	51-0174279
Apr 10, 2008	5500	2007	Carpenter Annuity Fund	51-0174279
Apr 10, 2007	5500	2006	Carpenter Vacation Fund	13-6227443
Apr 10, 2008	5500	2007	Carpenter Vacation Fund	13-6227443

Below is all LM-2 Reports filed for the District Council, click to view each year. (032-922)

	Date Received	Filing Type	Fiscal Year		Total Assets	Total Liabilities	Total Receipts	Total Disbursements	Total Membership
	Sep 29, 2014	LM-2	2014 Report		$64,088,251	$1,427,947	$32,860,222	$42,222,038	19,140
	Sep 26, 2013	LM-2	2013 Report		$73,698,954	$74,437	$31,148,625	$32,056,897	18,860
	Mar 19, 2012	LM-2	2012 Report		$72,729,977	$7,108	$34,660,705	$13,567,408	21,131
	Nov 22, 2011	LM-2	2011 Report		$68,269,387	$6,782	$31,244,836	$31,178,250	21,798
	Sep 29, 2010	LM-2	2010 Report		$62,443,926	$1,432,096	$32,276,584	$59,300,211	23,501
	Oct 06, 2009	LM-2	2009 Report		$58,193,112	$1,700,013	$53,049,510	$41,665,341	24,816
	Sep 24, 2008	LM-2	2008 Report		$47,586,471	$2,178,591	$58,028,935	$39,049,178	25,515
	Sep 27, 2007	LM-2	2007 Report		$32,679,947	$1,713,102	$45,518,392	$43,247,257	24,857
	Oct 05, 2006	LM-2	2006 Report		$23,028,874	$1,664,918	$44,130,236	$44,094,876	24,015
	Sep 30, 2005	LM-2	2005 Report		$23,138,518	$3,953,753	$39,691,330	$38,817,299	22,107
	Oct 04, 2004	LM-2	2004 Report		$22,887,757	$1,435,067	$37,928,272	$38,408,615	22,855
	Sep 29, 2003	LM-2	2003 Report		$22,122,672	$1,210,280	$32,328,877	$30,633,503	23,127
	Oct 10, 2002	LM-2	2002 Report		$22,985,856	$1,070,616	$32,961,853	$32,991,436	24,058
	Oct 09, 2001	LM-2	2001 Report		$20,877,299	$1,144,920	$34,880,406	$34,613,324	24,027
	Oct 03, 2000	LM-2	2000 Report		$14,746,914	$810,534	$17,671,440	$17,739,233	23,992

Rally Cry?

By Joel Cook

Some questions for the anonymous poster calling for the, Nov. 10th 4:00PM, protest at 395 Hudson St.

Who are you and why do you prefer to be anonymous?

What is the purpose of this rally? 

Clearly there are reasons to be angry and there are changes to be made.

What are your long and short term goals?

How would you decide if this rally is a success or failure? 

What are your tactics, do you plan to just stand there and yell, are you planning civil disobedience?

What are the possible consequences of such an action?

Would members risk arrest, physical violence, or possible charges from the DC? 

I ask because I am of the opinion that resources should not be wasted and risk should not be taken unless these and other questions have been answered.  You should think again if you are planning to march a bunch of members, probably good, involved ones, into a situation that could cause them harm and from which no good could come. 

Don't get me wrong, I am all for direct action and civil disobedience, and I have no problem risking all the possible outcomes but without clear goals, a plan, and precaution I cannot see being involved in some rally "organized" by an anonymous poster on a few internet forums.  For all anyone knows you could be working with the DC just to bait good dedicated members into trouble they aren't bargaining for. 

I can understand the desire to remain anonymous, but you are asking for a lot of trust by asking members to show up for this.  The problem is that you aren't giving any good reasons to give that trust.

(John's note, my sources say the rally has been canceled.)

Page Six

We hear...THAT Douglas McCarron, the UBC general president is in town for a meeting with the Department Of Labor. While in town McCarron was spotted dining with Gov. Jon Corzine and Supervisor Frank Spencer in New Jersey.

Exclusive: UBC Hearing Testimony

Clearly, Unity Team union officers, motivated by greed, conducted the affairs of the council like a self-serving out of control criminal enterprise, that was both detrimental to the welfare and best interest of the district council and its members.

With the arrest of Mike Forde and revelations at the UBC Hearings of:

• Corruption
• Drug use
• Prostitution (see page 505)
  
• Hiding illegal weapons and drugs on our property
• Employees removing hair from their bodies in order to avoid detection of drug use 
• Financial Mismanagement
• Cash Flow Mismanagement, costing $300 to $500 thousand per year in lost interest (see page 5)
  
• Trustees not adequately performing their duties
• Losing control over the management of employee spending
  
• Employees with serious driving offense are provided union cars and expense reimbursements
  
• Flawed systems of accountability in place (see page 93)

There is widespread disgust, outrage and mistrust building among the rank and file, demanding more financial transparency, accountability and detailed information on how our dues money is spent.

Since becoming Supervisor, Frank Spencer has undertaken "several measures" in an attempt to correct the problems plaguing the district council. While we applaud Mr. Spencer's initiatives, observers say they fall short of the mark.

The biggest obstacle to reform, is these "measures" are being implemented by the same people who have failed us and led us to where we are today.

It not assuring that Spencer named former "Unity Team" partner, Pete Thomassen, as "assistant" nor the fact that most of Forde's enablers are still in positions of power and trustees to our benefit funds. This is a major source of mistrust and anger among the rank and file.

The illusion that Spencer has cleaned house is just that; an illusion.

Why did Spencer name Thomassen, assistant supervisor?

Why would Spencer do this?

Is union politics trumping what is in the best interest of the membership?

Unfortunately, these questions remain unanswered, since Spencer has refused to answer written questions, or provide a forum to answer questions directly.

Below are links to the full transcripts for the UBC Hearings on October 15,16, 2009 held at the Javits Center in New York City.

Date Received	Testimony	Notes
October 15, 2009	Transcript pages 1 to 200
October 15, 2009	Transcript Pages 201 to 412
October 16, 2009	Transcript Pages 413 to 613
October 15, 2009	Supervisor, Frank Spencer with Exhibits
October 15, 2009	Terrence R Mooney, Certified Public Account with Exhibits
October 15, 2009	Phil Newkirk, Assistant to General President Douglas McCarron with Exhibits
October 15, 2009	John Musumeci, UBC member with Exhibits
March 11, 2010	Final Hearing Committee Report