Monday, August 27, 2012

Back to the Future

Judge Finds District Council in Contempt - Request System Abolished 

(This was originally posted May 31, 2009)


1. The District Council and Peter Thomassen, its president, are adjudge and held in contempt of this court for violating the 1994 Consent Decree by bargaining away the job referral rules.

2. The current Request System, under which contractors have the unfettered right to "request" anyone they want from the out-of-work list, is abolished.

3. Allow the contractor to select particular carpenters for a job up to but not in excess of 67 percent of the total carpenter work force. That percentage is made up of the contractor's 50 percent under the 50/50 Rule, and an additional 17 percent, representing one-third of, and to count against, the Union's 50 percent. The remaining 33 percent of the carpenter work force will be assigned by the Union from the OWL.

4. Restore the six-month provision contained in Job Referral Rule 5(B), so that a contractor cannot request a carpenter and have that carpenter count against the Union's 50 percent unless that carpenter has been employed by that contractor during the previous six months. But under no circumstances may carpenters chosen under Rule 5(B) count against the 33 percent assigned by the Union directly from the OWL.

This resolution is fair and equitable because it recognizes contractors' economic and competitive concerns by allowing them to select most of the carpenter work force on any particular project, while restoring the Out-of-Work List as a meaningful source of employment for carpenters seeking work.
To read judge Haight's full order below.
District Council Remedy Order-1(2)

History Lesson 101.
Memorandum click here.



  2. According to the above, Bilello has also "bargained away" the Standing Order of a Federal District Court Judge and he too must be held in contempt of Court.

    Judge Haight's May 26, 2009 decision & order regarding the 67% - 33% OWL & Referral ratios is not an order to trifle with. He is not above the Consent Decree and certainly not above Judge Haight or his standing orders.

    Contract Negotiations do not provide any avenue for the DC or the crooked Contractor Associations to continue their quest to overturn this order & the corresponding 7-page ruling from the Federal Court - period.

    Who the hell do these people think they are?

    Are they that obstinate & ignorant of the law? Do they seriously think the Court will not take notice? It matters not who or when they were steered in the wrong direction or what their motivations were - only, that someone, anyone in the NYCDCC files a motion for contempt against the DC alleged leadership. The RO is not the EST & he does not run the Council...or dies he? Who's on first...anyone in charge down there, or are you all now a bunch of yes men for fear of being vetoed?

    When the form of corruption transfers itself from the DC to the parties with standing who act as cover for McCarron, the DC & the Contractor Associations; then NYC has a far bigger problem than the DC realizes. The fact is, the corruption is out of control & all the girls down there who promised this or that are now afraid of their own shadows; or in the alternative are directly colluding with the aforementioned parties.

    Either way is the wrong path.


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