Tuesday, June 12, 2012

Retirees File Class Action Lawsuit

On May 23, 2012, Plaintiffs, by and through their attorney, The Law Office of Harvey S. Mars LLC, as and for their Complaint, allege as follows:

NATURE OF THE CASE

1. This is a class action pursuant to the Labor Management Relations Act of 1947. as amended, ("LMRA"), 29 USC § 185, et. seq. and the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C, § 1001 et. seq. to enjoin the defendants, the New York City District Council of Carpenters Welfare Fund ("Welfare Fund" or "Carpenters Welfare Fund") from requiring contributions and co—payments from the plaintiffs and other similarly situated retired participants of the Welfare Fund. This action also seeks to enjoin the Council of Carpenters Welfare Fund and its Trustees and Executive Director from making any payments from the assets of the Welfare Fund to the New York City District Council of Carpenters (“District Council") and to require the Defendants to repay to the Welfare Fund all monies improperly transferred. Plaintiffs additionally seek the costs and attorney's fees incurred in prosecuting this action.

2. Effective June 1, 2012, the retiree class will all be required to make substantial payments for what were previously free health benefits and their participation in the health plan will be terminated unless such payments are made. There are approximately eight thousand retired carpenters in the class and an additional number of spouses and eligible dependents, and it is therefore impracticable to bring all of them and the other class members before the Court. There are questions of law and fact presented herein which are common to the entire class of persons; the named plaintiff`s’ claims are typical of those of the class; and the defendants have acted or refused to act on grounds identical in opposition to the interests of the entire class. The named plaintiffs will fairly and adequately protect the interests of the said class.
NYC D.C. Carpenters Welfare Fund - U.S.district Court - 12.Civ.4181 Complaint Class Action Retiree June12

9 comments:

  1. Richard DorroughJune 12, 2012 at 2:42 AM

    I am Curious...
    Due to the unique power structure in place in NYC per the consent decree,Bermans court, The office of RO (King Walsh) WHY are Wlash,The Biello Twins and the NYC Dostirct Council not directly named as defendants???It is well documented WHO is really calling the shots at the funds and influencing if not BY DEMAND mandating policy and fund decisions. input form my offcieregarding various drafts of that program" or "again with input from my office, refined the CEP." Of course discovering the true policy makers and power over the funds only requires the ability to read the "bylaws of Oz" and other such pearls "(A)

    The Trustees shall supervise all funds and properties of the Council subject to such oversight and instructions from the Executive Committee and the Council Delegate Body,and the Audit Committee
    "


    The new power mandates are clearly defined in the new "Bylaws of Oz" fabricated by those who declared (1)They did not care if these "Bylaws of Oz"violated any Federal or State Laws,violated the UBC Constitution or violated any other existing bylaw,(2)Declared that it was not the ROs,US Attorneys or Judge Bermans obligation or duty to see if these 'Bylaws of Oz" violated Federal or State Law and (3) Declared they anticipated lawsuits challenging the legality of sections of these "Bylaws of Oz"
    How many pages did Walsh dedicate,in his ongoing Manifesto"Ode to Third World Corporate Unionism" or "Unionism Through The Eyes of The Tin Man", (Interim Chapters 1-4 leaked to the public with a book signing scheduled) to declare to the world that the funds were NOT outside the scope,the power and control of his office. That they were not outside the scope, the power and control of the Biello twins(Mike and Bill(Your not voting anymore)Lebo) and NYC Council.
    Walsh ,Biello,Lebo and the NYC District Council should be named as direct defendants and should be directly sued in this class action.
    I am sure any Judge after reviewing the volume of evidence available, which was written to establish the reign(and ego)of King Walsh The Last,Sir William of the Royal order of the Tin man.Lord Protector of the Loolipop Tree,Guardian of the Oz,The Great and power full Little man behind the curtain.King of 395 Hudson St and so on and so on, would not only allow them as defendants abut insist on it..So why not sue those truly to blame????

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  6. Has any progress been made on this class action lawsuit? My wife and I haven't seen anything more about it. Thank you.

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