Wednesday, August 29, 2012

Judge Berman's, DECISION AND ORDER

In the court papers filed August 10, 2012 in federal court in Manhattan, rank-and-file carpenters request Court intervention on the new three dispatch rule and the MWA Arbitration crisis.

Attorney Joshua Douglas, writing on behalf of the rank and file says, "members request your intervention over two matters of concern to them, (1) The announcement by the District Council that it will be executing changes to the Out-of-Work list commencing on August 13, 2012 (2) The finding of an Arbitrator that the "Most Favored Nation" clause was triggered by a contract signed days after the indictments of union officials in 2009 by an individual whom Review Officer Walsh has determined lacked authority to bind the District Council.

Judge Berman ordered "that the RO and District Council comment in writing on the enclosed letter on or before August 15, 2012."

Below is Judge Berman's, DECISION AND ORDER. 
Douglas

4 comments:

  1. DROP DEAD UNITY TEAM !

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  2. Just More Cover UP Thats All. Know how many members said no, Berman will have to do the right thing. That response Murphy & Walsh sent him completely convoluted what went doen at the meetings and the truth that sec 38 of the by laws does not in any way shape or form give Billelo the right to unilaterally impose work rule changes. Secondly they refused to address the apparent authority question regarding the Shiel Deal. Mccarron's agents Spencer & Ballantyne facilitated that and the NYCDCC members stand to loose 13.999 Million. Re: Shiel, As Jack Benny used to say, - OH DENNIS! Where was your authority, the RO & the UBC couldn't find it.

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  3. thanks for sharing.

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  4. I am curious how many members said no, are the minutes available to the open forums. Also read the consent decree section 6 page 13 It gives the RO final say.Except in a Veto for elections sec 4 (i)(4)and disciplinary charges sec 4(1) so unless anyone can find another avenue of legal challenge, this will be the new business as usual.In the upcoming year I can demonstrate that the 3 dispatch will be a hardship for me and other members, We need to prove some form of discrimination and bring that to the NLRB.

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