Originally posted Saturday May 21.
The comment period for the draft bylaws has ended. I want to thank all of you who have written to the RO or signed the petition. Your comments are part of a very important court record.
The RO has urged all members to read and consider these draft bylaws. At the Court conference held on May 16, the RO stated he received 12 comments (very pathetic). You have until June 9, 2011, to express your opinion, either sign the petition or email written comments to the RO about the draft bylaws and become part of a VERY IMPORTANT COURT RECORD.
To help you better understand and explain why you should be against these bylaws, we posted this petition which you should read and we urge ALL UBC member's to sign.
It is clear that these bylaws if allowed to be implemented will "Destroy Rank and File Rights" by taking away our guaranteed Right to Vote, to Organize and to Legislate our own affairs at the Local Union level.
By signing this Petition you will be telling the RO that you OPPOSE these bylaws that eviscerate and negate our guaranteed protected rights under the law.
Click "Continue Reading" to View Petition Text and Sign Petition!
To Review Officer Dennis Walsh:
Re: Proposed NYCDCC Bylaws / Reference: Section 4 (A), (B) & (C)
We, the undersigned, OPPOSE these bylaws and urge you to REJECT and VETO this document and to protect our guarantee rights under the law.
Upon examination of proposed Bylaws Section 4(A) (b) &; (C), 4 (A) states: the “central governing body” language which grants all Executive & Legislative Powers to the Council, coupled with the last paragraph’s language whereupon “upon approval of these Bylaws, all Local Union Employment positions shall cease to exist”, said language effectively eliminates and eviscerates the Local Autonomy which the Wagner Act granted to “Workers” via the Preamble to the NLRA, and to “Employees” in NLRA Section 7 as an unfettered & guaranteed right toward collective bargaining. Accordingly, as a matter of law – it is Facially Unlawful.
The UBC International and its General President and Officers have a duty under both Federal laws and the Consent Decree, NLRB Board precedent & Supreme Court precedent to preserve the status-quo until and upon the restoration of the Locals & Council to its rightful owners.
The rightful owners of the Locals and Council are the men & woman who go to work each & every day, who generate the revenues which not only support Local activities, but in fact support all District Council and UBC International wages & benefits and their requisite perks (vehicles, gas cards, insurance, maintenance, credit cards, airfare, hotel charges, meals, accounting, auditing and legal affairs), including their Legal Billings and attorneys on retainer.
The Civil Consent Decree has as its core elements the restoration of Democratic Rights and the elimination of Fraud & Corruption.
Section 4(A) of the Proposed Bylaws for NYCDCC clearly ignores this express mandate of the Court; and essentially sends a message to the rank & file that the UBC International, in executing this language will readily, willfully & wantonly put forth bylaw changes which they believe they can get away with because the membership is perhaps too stupid to realize what is going on here. We can assure you, that is not the case and we will not allow it, nor should you as the Review Officer.
Further examination reveals the following:
Section 4 (B) states: The full plenary power and authority of the District Council is hereby vested, without limitation, in the Delegates to the Council that shall collectively form the Council Delegate Body.
The Plenary Power, as defined by Blacks Law Dict., 8th Ed. Adj. 1. Full; complete; entire. Unfortunately, this definition rather simplifies what UBC Locals and their constituent members are being told they must give up. Accordingly – further examination reveals: (“without limitation” invites more fraud & corruption).
BLACKS LAW DICT. 8th Ed.
POWER: , pg 1,207 – 1. the ability to act or not act, esp. a person’s capacity for acting in such a manner as to control someone else's responses 2. Dominance; Control; or Influence over another, control over one’s subordinates 3. The legal right or authorization to act or not act; a person’s or Organizations ability to alter, by an act of will, the rights, duties, liabilities, or other legal relations either of that person or another.
Section 4 (C) states: These Bylaws and any other rules, resolutions and directives adopted by the Council shall govern and be binding on each Local Union affiliated with the Council.”
The Plenary Powers as written are a direct violations of NLRA Section 8(a)(2).
The UBC International and the NYC District Council as a matter of law cannot be allowed to Dominate, Control or Influence over subordinate rights of Local Unions, Worker or Employee Guaranteed Rights, nor can either party alter, by an act of will, the legal rights, duties, liabilities, or other legal relations either of that person or another when such alterations of Law are specifically reserved for the United States Congress.
Only Congress can amend existing laws or author new ones – the UBC International & NYCDCC cannot.
Under the current Organizational schemes of Douglas J. McCarron, through the UBC Constitution and Regional or District Council Bylaws, he grants unto himself and the Councils all powers of Executive, Legislative & Judicial functions – period. All one has to do, is sit down with a pen & ruler and a few high-lighters & note the appropriate language within the body of documents noted; and it is clear that by carrying all such powers, the UBC International & the District Councils are effectively running a Dictatorship and McCarron is the declared King.
All the while, the so called Department of Labor stands by & does nothing in utter silence. Given their power to act, this is as disturbing as the UBC International’s actions and it sheds light on the collusive effort of the two to destroy members rights which they are required to preserve by law. The behaviors of both parties are at a minimum, grossly negligent and border on the criminal.
No other Union in the Nation, whether Public or Private has been allowed to destroy Rank & File rights in this manner and to do it by taking away the guaranteed Right to Vote, to Organize, to Legislate their own affairs at the Local Union level….only the UBC gets away with these actions.
Our members want an answer as to why this goes unchecked, and to why the abuses are allowed to continue. Were the UBC & District Councils intent on restoring Democratic Rights & Eliminating the Fraud & Corruption – this Consent Decree would long ago have ended and would not be approaching two-decades in duration.
The administration of the Local Labor Organization is the rank & files by right and as a matter of law. Restoration of Democracy requires the Court and yourself to check the abuses of the UBC International and the NYC District Council when unearthed; and, to stand up fight these changes in Federal Court before Judge Berman and protect rank & file members Right to take on the Legislative role at the Local Union Level as the Congress & the NLRA intended; and, to Vote and Elect their own Officers and to run their own affairs at the Local and the Council level.
The NYCDCC Bylaws as proposed eviscerate and negate those guaranteed rights and subsequent to approval without modification would require the Court to issue an order declaring the Council the Local (see "Motion for Relief" filed May, 16, 2011 and "Submission in Support of Bilello Motion" by Bill Lebo dated April 3, 2011) and ordering all Council Officers to stand for direct Election via secret ballot of the members in good standing – per rules which you are to establish as the Election Supervisor under the Consent Decree.
Sincerely,
All interested-impacted UBC Carpenters
The petition support the Bilello & Lebo motions and shows where in the newly Proposed Bylaws (section 4A, B & C) that the UBC & King McCarron shall negate all of your rights - to legislate, to vote, to run your own Local as your Elected members see fit.
ReplyDeleteIf ya don't wanna King you should sign it. McCarron is the problem here & he's got to go!
NYCDCC Bylaws Section 4A, 4B & 4C are facially unlawful, so under the Fruit of the Poisonous Tree Doctrine - the rest of it has to go as well!
ReplyDeleteI.E. - Upon elections of all Local Officers for all District Council Locals; and, until the District Council Elections are held for EST & all other positions (no UBC International or District Council appointed hacks) the entire process must be stopped.
Preservation of the Status-Quo requires tabling any & all Bylaw changes until all such Officers are properly seated.
The legislative powers of the Local Union Officers & District Council Officers are expressly reserved to the Rank & File Employee, the Worker per the National Labor Relations Act as Congress intended and authorized by law.
"ALL UBC member's to sign"
ReplyDeleteDoes this include members outside of this DC?
The 3-3-94 Consent Decree at 17. -
ReplyDeleteRetention of Jurisdiction and Applications to the Court. - This Court shall retain exclusive jurisdiction to supervise implementation of this Consent Decree and shall have exclusive jurisdiction to decide any and all issues arising under the Consent Decree, and any & all disputes growing out of the issuance, interpretation or application of this Consent Decree.....
Juridical, adj. 1. Of or relating to judicial proceedings or to the administration of justice.
pg 867-Blacks Law, 8th Ed.
Plenary Jurisdiction, A court's full and absolute power over the subject matter and the parties in a case.
pg. 870 Blacks Law 8th Ed.
Jurisdiction, n. 1. A governments general power to exercise authority over all persons and things within its territory; esp., a state's power to create interests that will be recognized under common law principles as valid in other states.
2. A court's power to decide a case or issue a decree < the constiutional grant of federal-question jurisdiction >
pg. 867 Blacks Law 8th Ed.
So - the UBC International is a 501(c)(3) Non-Profit corporation for purposes of IRS regulations (on paper). The UBC International is also a defined labor organization under the NLRA etc.
The UBCJA International has now started to declare itself to the world as a for profit Corporation via its recent consolidations & mergers in varying regions of the country. It has titled it's Union Offciers as Chief Executive Officer (CEO) and Executive Secretary-Treasurer simultaneously.
That would appear to be a violation of their tax status and of their labor orgnaization status.
It now seeks to declare itself a Governmental agency by claiming the jurisdiction of, or equivalency to a State. This of course is a False Claim.
The By-Law changes above, wherein the UBCJA International declares unto itself all plenary power, that reserved for a Court and in context of this False Claim - the UBCJA International claims unto itself, all Executive, Legislative & Judicial functions of the NYCDCC.
ReplyDeleteNot only is this a prima-facie violation of the NLRA, notwithstanding the temporary suspension of the District Council's autonomy while under a temporary Trusteeship - it is an arrogant but true admittance of its clear intention to run not only this District Council, but all Regional District Councils and Local Unions as an unfettered Dictatorship.
Dictators rule via autocrtica fiat and proclamation. Douglas McCarron does this right under the nose all parties and no one blinks, no one acts.
After 21-year of a failed Consent Decree, 16+ of which have been under his direct watch and control - most parties can discern the true source of the continued problems, the others are in denial or simply not telling the truth.
UBCJA carpenters working in the NYCDCC fund the International Unions legal bills, they fund the District Council's legal bills and they pay for the costs of the IRO and via indirect fedral taxes pay for the US Attorney - Yet, for 21-years find no justice.
This fact should be a source of concern and embarassment for the IRO & U.S. Attorneys office.
What we need here is an audit in full, broken down on a yearly basis which lines out in specific detail every cent spent on legal matters involving this Consent Decree, starting with 1990. Given the UBCJA's involvement as a party, this audit should be conducted by an independent third party.
The fact that UBCJA member carpenters are paying directly & indirectly all the associated legal billings and the parties are playing under relaxed conferencing rules does not lend credence to the idea that this Consent Decree will go on for an additional 21-years.
Perhaps, simply showing up & submiiting the invoices for 'billable hours' has become just another easy money day at the Court - with little, if anything to show for it.
The UBC Carpeneters are entitled to a straight answer to these few simple questions.
Suffice to say that the Court & the IRO and the US Attorney should all want to see a copy of the audited financial Legal billings and expenses for all parties involved in this case.
Preservation of the status-quo is not the answer, nor is allowing the UBC International another bite at the proverbial apple.
When matters of law are at issue, whether old or new, when the legislature who authored the laws do not do so with certainty and clarity - Courts turn to the legislative hostory of the law in question and to the authors of it.
The LMRDA which passed in 1959 was one such area. The Kennedy-Irvin bill details such specificity: At 1102 ,Senator McClellan believed that...
" we ought to start with the union man, with the worker, and to relieve him from the oppression which has been thrust upon him in some places. We should restore to him his rights. We should vest in him again the power to do something to protect his rights. We must give him the authority again to run his own union. We must pass a law, such as the measure now proposed, which will enable [**9] him to prevent usurpation by would be exploiters. Let us start to help the worker."
105 Cong. Rec. 5813 (daily ed. Aor, 22, 1959).
The United States Supreme Court has ruled against any centralized form of government and these decisions stand and have not been over-turned.
The UBCJA's constitution & by-laws do not supersede any federal law, any state law and more specifically the federal Constitution.
If the NYCDCC can elect members to e board position's with 100 members voting, then why can't Dennis Walsh deliver our demands to the UBC with the same validity the elections count for?
ReplyDelete