Sunday, August 8, 2010

District Council Hires New Law Firm

The New York City District Council of Carpenters, has hired the law firm of DeCarlo, Connor & Shanley, as new counsel for the District Council, the law firm also works with the UBC.

O'Dwyer & Bernstein, LLP has been giving notice and representatives of the UBC said that a "thirty-day transition process has begun."

Members on this blog have been calling for the firing of O'Dwyer and Bernstein, saying "they had to know what was going on, and they just use legalese to stop any reform from happening."

Members also accused council lawyer Gary Rothman, as being more "interested in protecting Mike Forde than looking out for the best interest of the membership." 

At the May 27, stipulation hearing, attorney John DeCarlo, acknowledged that there is a huge problem at the Council and said, "maybe the biggest problem, but looking at all of the problems, it comes down to leadership, there really hasn't been good leadership in I don't know how long."

DeCarlo also stated, "we have just doubled the amount of money that the Council is going to spend on investigative services, and the reason is because we see a big problem, and we don't think there's any other way to solve it other then to attack it hard. Put as many investigators out in the streets as quick as you can, and you send a strong message that crime isn't going to be tolerated."

As we say goodbye to our old friend Gary Rothman and the law firm of O'Dwyer and Bernstein, we are left with these memorable quotes:

Council Defender, Gary Rothman
“We understand that the charges are serious, but we also believe in the presumption of innocence and we will have a further statement as the situation becomes clearer.” -- Gary Rothman, August 5, 2009

In defending the revamped system of job referrals, saying it was part of a contract, signed in 2001, "that is good for the city's carpenters".-- Gary Rothman, September 15, 2005

 "I do think that the union trustees take their fiduciary duty to the benefit funds seriously."-- Gary Rothman, May 27, 2010

“Trustees have the authority to make reasonable rules as to the distribution of those benefits. Since they voted to withhold the vacation checks, the trustees have asked for a legal opinion, to be given at the next trustees’ meeting." Gary Rothman, May 7, 2009

"Forde remains on the job - he's still here as of 10:30 this morning, the question of whether he would keep his post was is review."-- Gary Rothman, August 10, 2009

"The evidence doesn't warrant a conclusion. We understand that the charges are serious, but we also believe in the presumption of innocence and we will have a further statement as the situation becomes clearer." --Gary Rothman, August 31, 2009

"Mr. Forde and another defendant, John Greaney, would step down for now as trustees of the union’s benefit funds."-- Gary Rothman, August 12, 2009

"The union’s delegates will meet on Wednesday to discuss how to respond to the indictment. The delegates can vote to reassign or fire Mr. Forde and the other two officials, or change or limit their duties." --Gary Rothman, August 12, 2009

19 comments:

  1. Just one crooked representation replaced by a bigger one !!

    Imagine being a member relying on OD&B's representation at trial committee or a grievance/arbitration. You're in immediate conflict for they represented the same organization and individuals @ NYCDCC for racketeering.

    I'm quite sure the feds had something to sdo with this
    " VOLUNTARY REMOVAL " And more lkely than not a deal was struck to save the OD&B name

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  2. DING DONG THE WITCH IS DEAD, WHICH OL WITCH, THE WICKED WITCH,- DING DONG THE WICKED WITCH IS DEAD.

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  3. What law firm brought the cases against On Par, Tri-Built,Pyramid, Pitcohn, Perimeter,Turbo and all the others for cheating? What law firm collected millions in unpaid benefits from these and other companies? What law firm urged holding cash hounds liable for cheating by forfeiting their vacation funds? What law firm guided the benefit funds in developing technology to get contractors oaid up on a monthly basis instead of bi-annually? This and so much more... O'Dwyer & Bernstien,LLP, honestly representing unions and working people for nearly 100 years

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  4. WHAT LAW FIRM LET THE LEADERSHIP RUN AMOCK WHEN THE INK ON THE CONSENT DECREE WASN'T EVEN DRY YET,

    WHAT LAW FIRM COLLECTS PENNIES ON THE DOLLAR FOR THE OVER 200 ERISA SUITS,

    WHAT LAW FIRM COVERED FOR NYCDCC WHEN THEY STATED THE'VE DONE NOTHING WRONG,

    WHAT LAW FIRM TURNS A BLIND EYE WHEN THERE ARE ETHICAL QUESTION INVOLVED, AS IN NOT KNOWING EXPENSES WERE MISPLACED AND APPOINTMENTS WERE QUESTIONABLE,


    WHAT LAW FIRM REPRESENTS A RICO CLIENT SUCH AS FORDE & DEVEREAUX THEN HAS THE GALL TO REPRESENT MEMBERS @ TRIAL OR ARBITRATION,

    DING DONG !!!!!!!!!!!!!!!!!!!!

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  5. OH BY THE WAY - DO YA REALLY THINK THEY'D HAVE GONE AFTER THIOSE CO'S IF THERE WERE NO MACK OR WALSH.

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  6. Here comes McCarron:

    DeCarlo, Connor & Shanley, A Professional Corporation

    533 South Fremont Avenue
    9th Floor
    Los Angeles, CA 90071-1706
    Phone: work(213) 488-4100
    Fax: fax(213) 488-4180

    Statement of Practice:
    Labor and Employment Law including Litigation, ERISA, and Labor Management, Securities.

    Year Established: 1979

    Firm Size: 11

    Representative Clients:
    Southwest Carpenters Pension Trust Office and Professional Employees International Union Pension Fund United Brotherhood of Carpenters and Joiners of America United Brotherhood of Carpenters Pension Fund.

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  7. I never liked Gary Rothman!

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  8. All Lawyers deal with criminals The labor movement needs leadership. Step up brothers & sisters show up at the meetings and run for office.

    OD & B is a good law firm that works for working people everyday.

    Don't wait for the government or some one else to get it right. Get up Stand Up and do something yourself.

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  9. If O'Dwyer & Bernstien is such a good law firm, then why aren't they sticking it out, fighting the good fight by representing NYCDCC membership? Because they're like Thomassen and Sheils, stinking to high heaven. We're told that those guys served their union well, and then, for some unknown reason, decide to resign and retire. If they're so spotless then why don't we have leadership at the top to carry on? Because they are bad news and had to get out while the getting was good. Leaving the helm, O'D & B can enjoy the million+ it plundered just last year from honest workers, now skating away over thin ice to dry land, leaving the union to founder on the shoals.

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  10. The question is, OD &B: why did you "voluntarily" remove you yourself? We'd all like to hear the face saving reason(s.) Or are you limited to vacuous phraseology like: "OD & B is a good law firm that works for working people everyday." How do you account for the monumental legal failings of NYCDCC? This and so much more...

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  11. O D & B doesn't vote, didn't you run and lose. Members have to step up vote for new people and get new ideas on the table. O D & B is a solid law firm for working men and women. Good Luck with the new firm. Don't wait for someone else to fix your union. Fix it yourself.

    Good Luck & God Bless

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  12. The Legacy of Successful Union Representation
    Brian O’Dwyer Esq.

    This has been a busy season for O’Dwyer and Bernstien, LLP as we continue our legacy of being a full service law firm for the New York City District Council of Carpenters. Attorneys at our firm regularly represent the District Council, the Labor Management Corporation, the Benefit Funds and individual Union members. We’ve been privileged and pleased to provide quality service and advocacy for you, the Union members.

    Positive Ruling from Judge Haight
    Recently my partner, Gary Rothman, represented the District Council in a series of cases involving the consent decree. We were most gratified that Senior United States District Court Judge Haight recognized the hard work of the membership and your elected leadership in reforming the practices of the District Council. Judge Haight agreed with the District Council that significant strides have been made and he reappointed the District Council’s choice for independent investigator, Unitel, over the opposition of the United States attorney, to an additional two-year term. While holding that the consent decree should not be terminated immediately, Haight set a realistic timetable so that the District Council can report back to him on progress made in maximizing a culture that will provide the fullest possible representation to Union members. We are committed to working in partnership with the Independent Investigator, William Callahan and his staff at Unitel, in forwarding the work of the Anti-Corruption Committee.

    Discrepancies in Shop Steward Reports/Remittacne Reports Will Be History
    I’ve also been pleased to work with Director of the Funds Stuart GraBois and the Supervisor of the Out of Work List Scott Danielson in designing and developing the most advanced system for monitoring employer contributions to the Funds that exists in the United States today. The new system will revolutionize the collection process. Shop Steward reports can now be automatically read by computers, compared on a monthly basis to the Remittance reports sent in by the contracting employers and, thus, discrepancies between members on the job and monies remitted for them can easily be detected.

    Nonunion Labor Be Gone!
    Members of our staff are also working with the Director of the Labor Management Corporation, Daniel Mazziotta, and the Director of Organizing, Ed McWilliams, in an effort to help rid New York of the scourge of nonunion labor cooperation. As the cases we have taken progress, I hope to report great progress in securing justice for those exploited workers.

    A $3 Million Award for one Injured Carpenter
    I am also delighted to report to you a significant victory gained by my partner Cody McCone in securing justice for our Brother. We have always taken seriously our responsibility in gaining the maximum possible recovery for you and restoring you, as much as possible, to full financial health. I was particularly gratified to congratulate Cody and the rest of my staff in securing a $3 million settlement for a member of the District Council of Carpenters. Our pledge to you in the future is that we will use the same skill, experience, knowledge and dedication in all cases so that you and your family can be assured of quality representation in the event that on of you is injured on the job.
    Working in partnership with your leadership, particularly your executive officers, Mike Forde, Pete Thomassen and Denis Sheil, we look forward to assuring an even brighter future for you, the working Carpenter and New York District Council of Carpenters member.

    Page 20 The Carpenter Fall 2008/Third Quarter
    http://issuu.com/dynamixc/docs/fall-08-complete-pdf/1?mode=a_p

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  13. The article fails to point out why they removed themselves from such a successful tenure. Its idiocy to tell your client ( one whom will fork over millions ) we don't want to represent you anymore ? Tell me a firm that would do such a thing.

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  14. Id like to respond to the comments made on 8/08/2010 in which the writer praises O'Dwyer and Bernstien for their accomplishments in representing the District Council. In 2001 Mike Ford and Martin Devereaux were indicted for corruption. They were found guilty and on their appeal were aquitted of any wrongdoing. Ford and Devereaux also repaid their court costs with union funds. A SUM EXCEEDING WELL OVER 800,000 DOLLARS. Forde recently plead guilty to all charges stemming from his arrest 08/10/2009 ,which included his activities stemming back to 1994,through the 2000 to 2004 period,where he was charged, found guilty,and later aquitted,and up to and including the day of his arrest.All this went on while O'Dwyer and Bernstien were on retainer to represent our council and the top executives. Only a tiny amount of wrongdiong at the District Council has been revealed to date. A partial perspective of the impact (effect) O'Dwyer and Bernstien has had on the rank and file can be seen if we look at THE BLUE CARD issue.The action of withholding vacation checks ,under the guise of GOING AFTER CASH CARPENTERS was in part designed by O'Dywer and Bernstien.In signing the BLUE CARD the rights to your vacation pay would be controlled by the D.C. In escense the D.C. could allocate (assess) your vacation pay any way they deemed appropriate.It was a free standing consent- form, to do as they wish with your vacation pay.The D.C. intimidated carpenters into signing the BLUE CARD by withholding vacation checks. Carpenters were being held hostage by this tactic.Many carpenters ,myself included,stood fast and refused to sign.Just prior to where the union could no longer hold our vacation checks legally ,the issue dissapeared and our checks wre released .O'Dwyer and Bernstien were paid well to represent our council, but instead they chose to sit back and be spectators to the corruption taking place .Maybe the DA's office should take a look at them as well.

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  15. DeCARLO AND QUINN STRIKE A BLOW FOR DEMOCRACY!!! BY BEING SHITTY LAWYERS

    It is great to get rid of Odwyer and Numbnuts, who obviously helped Forde rob you, but have a look at your new lawyers. Decarlo, Smeckle and Smeckle

    John DeCarlo and Brain Quinn were instrumental in striking a blow for Democracy when our BC brothers and sisters threw off the yoke of McCarrons dirt bag unionism. They did so by being shitty lawyers. Thanks to them Democracy ruled the day and our BC brothers and sisters saved their Local and retained their right to a democratic Union free of the destruction and rape McCarron has imposed on the rest of us in the UBC

    If you remember McCarron went North of the border and tried to impose his new slave Unionism on the BC rank and File. Then came the Famous “Lights out McCarron” Moment. When asked if McCarron was taking away their democratic rights with his council system McCarron replied they would have no votes. The BC membership in solidarity stood up as one body. They Left the room and turned the lights out on McCarron on the way out. What a great moment for the UBC rank and file everywhere. The BC Carpenters told McCarron and his cronies to stick the UBC in his ass.

    McCarron spent millions of dollars and brought in the big guns your new lawyers John DeCarlo and Brian Quinn. The big guns got their ass handed to them. The BC Carpenters, due to Quinns and Decarlos ineptness, threw off the yoke that is Douglas McCarron and won their case in Canadian court. “No taxation without Representation.” Yes. It was that easy. They have repeatedly beat Decarlo and Quinn who have lost the UBC 100s of Millions of US Dollars in failed attempts to appeal and put the yoke back on our BC brothers and sisters. They have engaged in harassment lawsuits against our BC brothers and sisters in an attempt to strong arm they back into McCarrons abusive machine. They have lost them all and million more. Yes these are your new lawyers hired to protect the rights of the brotherhood .


    You may recognize Briann Quinn. He is the same UBC Lawyer who conspired with Spencer and McCarron in the attempted seating of permanent Officers at Local 157 without an election after the Trusteeship debacle. He is the same Brian Quin who is designated by the UBC to respond to and decide constitutional clarification issues. He is the same Brian Quinn who REFUSED to respond to the repeated letters sent by the rank and file of NY during Spencer and Fordes rape of Local 157 Democratic rights. He is the same Brian Quinn Spencer said was sending a response any day and never sent anything ever. He is the same Brian Quin who has refused to respond to a constitutional clarification needed to stop Benjamin Glenn form running the same type of scam that kept Forde in power. He was asked over three weeks ago to help us stop Glens and David Haines power grab at Local 370
    He is also the same Brian Quinn who refused a constitutional clarification 3 years ago when he told me the clarification was that I should “do as my local told me”. Thank god

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  16. Richard Dorrough you are on fire...Here is a link to the questions posted on this blog on March 4, 2008 and sent to Frank Spencer and Brain Quinn which they refused to answer...

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