Friday, July 8, 2011

Open Letter: Response to UBC Proposed Restructuring Plan for the NYCDCC

(John's note: This letter was emailed to the RO on July 1, 2011)

Dear Review Officer Walsh:

This letter is in response to the May 26, 2011 United Brotherhood of Carpenters & Joiners of America, (UBCJA) International Union and the New York City District Council of Carpenters (NYCDCC) and Latham and Watkins proposed Restructuring Plan for the NYCDCC, while its Local Union autonomy has been suspended under a temporary Trusteeship imposed under the LMRDA.

Per the Court Conference of June 28, 2011, we are submitting this to you as we requested and as you have approved.

It is our purpose and intent to clearly identify specific instances of violations of Federal Laws relative to the contract (CBA) and within the Restructuring Plan which do not eliminate the fraud or corruption, or serve to restore the democratic function & purposes of the Consent Decree and the NLRA.

As your honor is aware, the Attorneys representing United Brotherhood of Carpenters rank & file member legal interests in this matter, the United States Attorney’s Office and the Independent Review Officer, both have an enormous task ahead of them in deciphering the entire 21-year history of this RICO action.

Together and with the input of rank & file Union Carpenters through RO Walsh’s Advisory Committee, they must strike and sever any and all illegal Contract language, UBCJA Constitution & NYCDCC By-Law illegal language; and Pension, Annuity, Health & Welfare and Apprentice Trust Fund language known to violate the NLRA and LMRDA. The savings and severability clause language, which add nothing, have allowed the illegal language to remain, and ever more illegal language to be added to the contracts over the duration of the Consent Decree and particularly within the past 16-years – during the tenure of the UBC’s International General President.

The items addressed above further require vetting for conformance to ERISA, EBSA, SEC regulations and Internal Revenue Code laws and statutes. This is a serious undertaking, which cannot be rushed or forced through, in a mere 30-day timeframe as the UBCJA International are attempting at this juncture of these proceedings, or, within the 10-days requested at the Court conference on June 28th.

The UBCJA & NYCDCC “RESTRUCTURING PLAN” dated May 26, 2011, in that it has been put forth as fully complying with the Consent Decree, without proper vetting, review and implementation of the veto pen, is being rushed through by the UBCJA attorneys, who know full well that it does not comply with the Consent Decree or the laws cited.

Their acceleration of the Restructuring Plan should be viewed with skeptical eyes, as it evinces their desire to see what they can get away with before this honorable Court.

We ask that you review this letter, the issues presented within in and the cases cited before approving any portion of their request.

John Musumeci
William T. Doherty
UBC Members

cc:The Honorable Richard M. Berman (by U.S. mail)
    United States District Judge
    Daniel Patrick Moynihan United States Courthouse
    500 Pearl Street, Courtroom 21B New York, NY 10007


pp.1-3 UBCJA & NYCDCC Restructuring Plan dated 5-26-11

pp. 3-5 FMI Corporation Study

pp. 5-6 Pacific Northwest Regional Council of Carpenters contract-Skills Form

pp. 6 UBCJA Constitution Grading Wages

pp. 6-38 SKILLS FORM – Illegal Individual Contract, Illegal Waiver, Pre-emption

pp. 9-12 Northeast Regional Council of Carpenters (NRCC) SKILL FORM

pp. 13-16 Steele v. Louisville 323 US 192 (1944), J.I. Case 321 US 332 (1944)

pp. 17 Virginia Power & Electric Co., 319 US 533 (1939); Textile Workers 409 US 213 (1972)

pp. 19 Machinists, 412 US 84 (1973); UBCJA Constitution-Resignation of Members Article 46

pp. 20 Magnavox, 415 US 322 (1974); Mastro, 350 US 270 (1956)

pp. 38 Restructuring Plan Sec. 38, Hiring Hall or Job Referral System, UBCJA slips in “100% MOBILITY”

pp. 39 One Year Contract Extension – Preservation of Status-Quo, refusal to Bargain

pp. 39 Violation of Consent Decree NLRA Sec. 158, 158 (d)(4), duty to Bargain to Impasse, vs. Arms self self-dealing; Intervening Certification to Board, re: Requirement for mandatory 9(a) Representation Election

pp. 41-45 NLRB Board General Counsel DC Circuit Court of Appeals, March 28, 2011 E.I. Dupont v. NLRB, fait-accompli, Unilateral Changes to terms & conditions of employment w/o Bargaining to Impasse, Due Process, Fair Dealing, violations of NLRA 8(a)(5) & (1)

pp. 45 Lechmere v. NLRB 502 US 527 (1992)

pp. 48 Mobility and the Union Security Clause

pp. 48 Lebovitz Doctrine - Is the Union Security Clause Facially Unlawful

pp. 51 Condition Precedent to Employment, compliance to UBC Constitution & By-Laws held illegal

pp. 51 NERCC – Lebovtiz, refusal by UBCJA to redact illegal contract language, Article 3, Article 5

pp. 53 NERCC Counsel Souris & Krakow memo, Mobility, Lebovitz; Exaction of Property Rights, Failure and ongoing Refusal to comply with Board D & O

pp. 59 A.LA. Schechter Poultry; 295 us 495 (1935) – “Centralized Government” Federal Due Process and Federal Constitution rights, NLRA Sec. 14(b)

pp. 60 Fraudulent Inducement, Elimination of 50-50 Rule, Reversion of Control-Union Hiring Hall to Employer, illegal closed shop preferential Hiring Agreement, CBA is a Contract, Kaiser Aetna, 444 US 164 (1979) – The Right of Exclusion-Property

pp. 61 Oil Workers v. Mobil Oil Corp.; 426 US 407 (1976); Primary Job Situs and Mobility

pp. 64 Marine Workers; 391 US 418 (1968); Exhaustion

pp.64 Buckley v. Valeo; 421 US 1 (1976)

pp. 68 414 F. 3d. 1249 (10th Cir. 2005) Double Eagle Hotel & Casino, cert denied 546 US 170;

pp. 68 United States v. Tropiano; 418 F. 2d. 1069 (2d. Cir. 1969)

pp 69 UBCJA Chief of Staff, page 131-138 Restructuring – Mobility

pp 72 National Economic Crisis, A.L.A. Schechter Poultry 295 US 495 (1935)

pp. 74 NLRB Board issuing Decisions and Orders (D & O’s) on laws not yet authored or passed by Congress

pp. 80 Post Hoffman Plastics, 2d. Cir. Decision, 2-18-11

pp. 82 The Labor Commodity; Inter-state vs. Intra-state Commerce, Effect on Benefit Funds; Heisler v. Thomas Colliery Co. 260 US 245

pp. 83 UBCJA International misapplication of RTW laws to Non-RTW States, Federal Pre-emption, State sovereignty – NLRA 14(b)

pp. 91 Motion to grant IRO Advisory Committee status as a Labor Organization per NLRA Sec. 2(a)(5); Garlock Doctrine, Veto Power

pp. 94 A.L.A. Schechter at Third; Centralized Government

pp. 95 UBCJA International Obligation; Illegal Individual Contract, Illegal Waiver, Illegal condition precedent to Employment

pp. 102 Property Rights NLRA 14(b); Hobbs Act Extortion, LMRDA

pp. 101 NLRB Abeyance & Withdrawal of Lebovitz case Mobility

pp. 102 Local Union Autonomy

pp 115 Motion for Permanent Injunction, Mobility – Implementation, per Consent Decree Sec 2 & 18

pp.118 US v. Gotti; 459 F.3d. (2d Cir. 1996); Deprivation & Acquisition Property Rights, whether tangible or intangible assets

pp, 128-141 Exhibit “A” Mobility

07.01.11 Response to Restructuring Plan





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