Wednesday, September 5, 2012

All memebers welcome to Sign the Petition

We the undersigned members of the NYC District Council, urge the Honorable Richard M. Berman to schedule a status conference.



(iPhone users click here to sign).

The recent ratification of a Collective Bargaining Agreement with the Wall and Ceiling Association was conducted in total contravention of any Democratic processes. The Executive Committee provided less than twenty-four-hours notice of the vote. Further, it failed to provide a copy of the contract to the delegates. Instead, it placed a three page synopsis of the contract on the web the night prior to the vote. Thus, the local delegates had no opportunity to fulfill their duties to “review all contracts” as provided in our Bylaws and discussing it with the members.

Read the petition.
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Honorable Richard M. Berman
United States District Judge
United States District Court for the Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street New York, NY 10007-1312

Re: United States v. District Council of New York City of the United Brotherhood of Carpenters and Joiners of America, et. al. (Index No. 90 Civ. 5722)

Dear Judge Berman:

The federal government executed the Consent Decree of 1993 with two main goals. The federal government wished to remove corruption and instill Democracy in the New York City District Council of Carpenters. We, the undersigned local delegates and members of the NYCDCC are writing to inform Your Honor of the complete breakdown of the Democratic process in the Council. This breakdown has resulted in the will of the members being entirely shut out of Council business. Thus, the undersigned request a status conference. A status conference, presided over by Your Honor, would serve as the only vehicle to protect the Democratic rights of Council members.

As Your Honor is aware, our Bylaws establish a system and procedures which place Council delegates in an instrumental position of ensuring Democratic accountability. Local delegates are charged with being intermediaries between the Executive Committee and Council members. Thus, it is their duty to be in regular communication with the Executive Committee and the members. In order to fulfill their duties, they must (1) be well-informed by the Executive Committee of Council business (2) have the opportunity to inform the members of Council business (3) have the unfettered opportunity to participate in delegate meetings and (4) be in a position to vote on important Council business with due notice by the Executive Committee of such votes.

Unfortunately, it has become virtually impossible for local delegates to fulfill their duties. Delegate meetings have become so unruly that those wishing to voice any opposition to the plans of the Executive Body is regularly intimidated into silence. The Executive Body continuously fails to notify delegate members of meeting agendas ahead of time. Delegate meeting minutes are often missing important information. In short, the Executive Body seems to be working in opposition to the interests of a good portion of the local delegates concerning such delegates meeting their obligations under the Bylaws.

The recent ratification of a Collective Bargaining Agreement with the Wall and Ceiling Association was conducted in total contravention of any Democratic processes. The Executive Committee provided less than twenty-four-hours notice of the vote. Further, it failed to provide a copy of the contract to the delegates. Instead, it placed a three page synopsis of the contract on the web the night prior to the vote. Thus, the local delegates had no opportunity to fulfill their duties to “review all contracts” as provided in our Bylaws.

The recent authorization of changes to the Out-of-Work-List rules likewise violates our Bylaws. Executive Secretary Treasurer Michael Bilello would have This Court believe that he has the authority to order such changes. However, once again, our Bylaws obligate local delegates to vote on the issue after discussing it with the members. The undersigned emphatically state that local delegates were intimidated from making any motions against our EST authorizing such changes and that NYCDCC attorneys advised against challenging Mr. Bilello’s authority. In such an atmosphere, it is in bad faith for anyone to argue that no delegates motioned against the change to our Out-Of-Work-List. Most importantly, the delegates were never given the vote on this important Council issue.

Finally, a reasonable observer of the Council under Michael Bilello would have to believe that the Executive Secretary Treasurer has misled the membership. Mr. Bilello ran on a platform opposed to Full Mobility and in support of transparency. As to Full Mobility, he puts the Collective Bargaining Agreements to a vote of the full membership just a few months ago. He referred to the vote as a “referendum” on Full Mobility. Members voted down the contracts by a great majority. The new CBA includes the provision for Full Mobility. The undersigned believe that under a Democracy, elections should have consequences. Unfortunately, the bargaining process concerning our contract with the Wall and Ceiling Association was not at all affected by our referendum. Mr. Bilello has also failed to further the issue of transparency as is shown by this letter.

For these reasons, the undersigned urge This Court to schedule a status conference. The goal of the federal government of fostering a Democratic Council is in serious danger of being lost. The undersigned stand ready, willing and able to work to revive that goal. However, we need Your Honor to assist us in that process. Our sincere gratitude goes out to Your Honor for everything that has been done to instill Democracy in the Council and for everything that will be done in the future.

13 comments:

  1. DROP DEAD UNITY TEAM !

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  2. If I were a delegate I'd sign. Looking forward to the memberships version.

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  3. Petition is bullshit most good carpenters don't use the list, full mobility let's good carpenters shape jobs without being matched. Give it up. This system benefits the hard working carpenter that can keep a job and the ability to call previous employers when needed.

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  4. The petition fails to mention that any changes to the OWL require a court order based on precedent. The last time a council officer (Thomassen) made a change to the lists manning ratios (allowing Full Request) Judge Haight ruled against it and Decreed The 67%/33% Rule. The judge's reasoning was that full request undermined the intent of the list. Following this train of thought the argument can be made that both Full Mobiliy & The 3 Referral Rule also undermine the intent of the OWL and that the only Just way to effect change on such issues of import would be under the watchful eye of a nuetral judge with standing on the matter.

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  5. NEUTRAL EVEN, LOL

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  6. And another thing ... Full Mobility is legalized discriminaion towards the aged, racial minorities, women, & activists. If a survey were conducted today on the demographics of the OWL I believe the stats would prove that these communities in large part are indicative of the members that currently languish on the OWL. I see the potential for devastating lawsuits due to the implementation of Full Mobility.

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  7. RE: memberSeptember 5, 2012 8:02 PM

    "Petition is bullshit most good carpenters don't use the list"

    Hey Mr. Pea Brain! By you saying there's 5k useless men on the list your ignorance runneth over!

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    Replies
    1. "Petition is bullshit most good carpenters don't use the list"

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  8. RE: AnonymousSeptember 5, 2012 9:35 PM the only Just way to effect change on such issues of import would be under the watchful eye of a nuetral judge with standing on the matter." Then lets make it happen. Time to inform Judge Berman of the truth that the democratic function process within the NYCDCC has gone to shit due to the inevitable failure of a paid delegate/ council employee system. Members told the RO exactly that two years ago and since Spencer & Ballantyne exited the building, though one would be hard pressed to say their influence has also dissapeared, Democracy ws replaced by a set up majority pof 'YES MEN" unduly influencing the rubber stamp process all over again.

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  9. RE: member September 6, 2012 8:34 PM
    "Petition is bullshit most good carpenters don't use the list" Bulldog 88 said the same thing. The only bullshit here is your/his ideological statement that most men on the list are not good carpenters. You sound as though your proud to be such the asshole you are!

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  10. 30 In - 30 Out.

    To get there, the D.C. needs to implement a Seniority System.

    14,504 working members of the NYCDCC at 2,000 Man-Hours per year (not person-hours, not Journey-persons or other P.C. bullshit) requires 29.08 Million Man-Hours of work.

    Gee Wally, but how can we keep 14,504 men working 2k hours a year when we only have 16 Million man-hours of work? Ya can't do it Beav, ya see, it's the fuzzy Math thing...it just doesn't Add Up!

    Ya but, Eddie Haskel say's its good. Ahh Beav, don't listen to Eddie.

    So, what we have here, other than a failure to communicate is a Distirct Council hell bent on pushing the continual Propaganda that we need to continue "Organizing" & to "Sign the White Card", keep paying your DC Dues & Working Dues Assessments & tuck your head between your legs & pray to Obama that it gets better. Like that will work, ya big dopey assholes.

    Get a fucking clue - The D.C. needs to pension out the guys pushing 30-years ASAP....time to go & make room. Enjoy your retirement, bye, bye!

    Next, the D.C. needs a minimum 3-year ban on taking in any new recruits. Following that, those who wish to leave, if vested should be granted buyout options.

    The D.C. needs to be restructured completely from top to bottom. In short, it needs a major down-sizing.

    The dead wood will fall by the wayside & that is fine. We don;t need them, nor should we want them, so it is time they go.

    Once the above is accomplished, the D.C. can & should be lean & mean and whittled down to the core of the 7-8k men it can and should support.

    When the D.C. does that and those men are working 2,000 to 2,250 man-hours per year; then, and only then should the D.C. take in new Apprentices.

    Before the D.C. does that, they need to forego any form of State or Federal Funding so that the productive rank & file working carpenter, those skilled enough to make the cut & hold down a job can insititute new rules for their recruitment free from Government or Court control or all of that marxist-commie social contract bullshit.

    Get this through your thick skulls - No one owes a do-nothing, unproductive asshole, with no tools, skills or work ethic a job for $85 to $99 dollar an hour......nobody. Anyone whoh says otherwise either has their head up their ass or is one of the assholes who does not want to work, but who simply wants that fat pay check for showing up, having a pulse & taking up space.

    Any Questions?

    p.s.

    No Crying in Baseball or in the Union.
    NO WHINING!

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    1. makes too much sense so nycdcc wont go for it

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  11. 30 in + 30 out is fine with me but it will not sit well with the nycdcc dues whores. The Forde administation + Scott D. have blacklisted unionists + guys that stood up for themselves to make sure they didn't get sent out. The books were cooked against anyone who held their ground + didn't suck cock. The vesting cedit systym is a sham because the crooks admitted to stacking the deck. Im ready to go but make sure that the 30 years is not 30 vesting credits because they were crooked + rigged. Im on the oowl now + no one wants me except tne nycdcc ? How can guys work before me if my dues are paid up + theirs are not. No crying here but this is a stacked deck. The nycdcc keeps cashing dues checks because they are WHORES. Your proposal is valid but you need to understand that the nycdcc talks trash about guys on the oowl but wants their dues money. Im ready to go just say the word and stop cashing my check. Simple, but not when your dealing with a bunch of whores.

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