APPEARANCES
USAO SDNY, BEN TORRANCE
Review Officer, DENNIS WALSH
Attorneys for Review Officer Walsh, BRIDGET ROHDE
Attorneys for District Council, JAMES M. MURPHY
Attorneys for District Council, IRWIN ROCHMAN
Attorneys for Carpenter Fringe Benefit Funds, RAYMOND McGUIRE
ALSO PRESENT, Walter Mack, James Zazzali
THE COURT: So I have a proposed agenda from Bridget Rohde. I'm happy to follow that agenda. We have a lot of items to consider. I also had mentioned in an endorsement that I talked about this trial committee issue. If anybody wants to, we can add that at the end. So why don't we just start with the first item on the agenda is status of collective bargaining.
MR. WALSH: Your Honor, good morning. Dennis Walsh, the review officer in this matter.
The status of the collective bargaining includes, I think, an historic milestone for the district council. The benchmark agreement between the district council and the wall-ceiling association is, I believe, very close to implementation. And that, of course, is with the court's consent.
U.S. v. D.C. Court Conf 12 19 2012 Judge Berman
Tuesday, January 8, 2013
Court Conference Transcripts of December 19, 2012
2 comments:
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McGuire.. Your honor those blue cards were nothing. We only created an easier way for the members to pay dues..."And it was an unusual way for the union to collect its dues but it worked so well"
ReplyDeleteThe Judge is sympathetic and has no idea McGuire is a liar. Why. Because Walsh sat there and said nothing. Walsh did not tell Berman the Blue Card was used to force an illegal assessment on the members without vote in violation of the LMRDA. He did not tell Berman the members were extorted and many forced to sign the blue cards which was an authorization card the Council would then use to say the members agreed to the assessment and approved it. Walsh did not tell Berman the members vacation check were withheld for anybody who refused to sign the card. Walsh did not tell Berman anybody who opposed the Blue card was harassed abused and one expelled.
Now Judge Berman is clearly bullshitted
THE COURT: Who's got the case, what judge?
Well your honor it was bounced around but Judge Oetken has it. Nod.Nod. wink. wink. Hint.Hint
You know Judge. Wah.Wah Whine.Whine. Cry.Cry. It wasn’t our fault your honor. The Arbitrator told us to screw the retirees.
"Arbitrator Scheinman ordered the funds to put in place increases in coinsurance and co pays and deductibles for the retirees. as a result of that decision and the implementation of the orders from the arbitrators, a class of retirees, including some present members, initiated an action in the Southern District."
Wah .Wah..Now they are suing us Judge. And they might win because I am a lair and I am not telling you the real details of the case and the councils extortive actions against the members. Its not fair. And you honor them bad retirees who are suing us want their money back. Boo.Hoo. Hoo. Cry. Whine
MR. MURPHY: Your Honor if I may, Mr. Murphy.
THE COURT: Yes.
"If you take the plaintiff plaintiffs' logic to its end, they would seek the funds to ask the district council to return dues collected through the dues check off in the vacation fund over approximately a six-year period, which would be in excess of a hundred million dollars"
Right we told you Judge Oetken has the case ..Nod. Nod. wink. wink. Hint. Hint
. Of course those filing the lawsuit could only recover the money if the DOL rules the Council violated the law by forcing the members with extortive actions to sign the authorization cards and they could only get the money retuned if the Judge rules the Council violated the LMRDA. But Hey. To hell with laws that protect the Union members. If we don’t like the outcome we will just ask Berman to overturn it or hope he will have a chat with the other Judge.
THE COURT: I understand. So where does the litigation sit?
We contemplate making a motion to intervene in that case as a defendant, as of right in the alternative, by permission by this Friday. And then we'll join in on the summary judgment motions on that issue.
THE COURT: Sounds like a good idea
Your honor we have a right to screw the members as we did with the blue card.
"We think there's clear guidance from the Department of Labor sanction approving of those kind of dues check off programs"
THE COURT: And have you appraised Judge Oetken of that
Oh we will your honor
I mean how often do you get lucky enough for a Judge to advise you on a pending court case???
But hey now you know what Judge has it and our position before he gets it in his court. No your honor we are not trying to get you to have a chat with him. We are not lying to your face. We would not try to influence you. We do want you to tell an arbitrator to go screw herself if she does not rule in our favor but hey that’s different.
I mean what the hell. Biallo without consulting a single delegate agrees to an arbitration for the MWA. What moron would do such a thing when part of the arbitration agreement is that your bound tyo the ruling no if and or buts. No appeal. Why Mike Biello does, Of course if you dont get the ruling you want and your stupidity will ruin the council well hell boys we will just have Walsh threaten the arbitrator and tell Berman to throw it out
ReplyDeleteMurphy: we may be back here with a motion to your Honor to vacate the arbitrator's award
Rochman: "The possibilities, as we see it, range from a $59 million award, applying damages retroactively. And in that case we would seek to come before your Honor and move to vacate that award."
"
If the arbitrator agrees with us and finds that damages are prospective and come to zero, we would again come before your Honor and seek to confirm that award"
I would hope some member will be sending Berman the truth and details of the councils actions against the members with the "blue" card because it certainly was not just an “unusual way for the union to collect its dues”. I hope you whose vacation checks were held or you who were threatened to sign the "Blue" authorization cards will come forward. its clear that those being paid to act on your behalf just lied to his face in an attempt to cover up for the Councils actions. I have never seen anything like this. The Council can violate the members rights. They can screw the members and retirees. They can have Chimpanzees on the eboard. They can violate any state or federal law they want and just get the RO and Judge Berman to vacate it all. Is this NYC or Alice in Wonderland .