Dear Judge Berman: In a letter docketed yesterday, rank and file member Demian Schroeder raised what he perceived to be certain points of concern regarding the conduct of the District Council Delegate meeting held March 13, 2013.
I reiterate the opinion I expressed in my letter to the Court of March 19th, that the terms in the “Memorandum of Understanding” (“MOU”) made between the WC&C and the District Council in August 2012 are legally enforceable. However, I am also of the opinion that the delegate body must vote on any unique and material terms not previously considered. To use the District Council’s term, “operationalization” can only be recognized with respect to contract terms, conditions and principles considered by the delegate body.
Mr. Schroeder raises a question about the proper method of the Union determining how and whether an increase of $2.12 per hour payable by the employers should be allocated. The executed CBA purports to allocate the money to the Welfare Fund. Though I believe such a planned allocation is prudent, proper procedure must be followed.
In that regard, there is no question that pursuant to Section 21 of the District Council Bylaws, the delegate body decides all questions of allocation of trust fund monies. The following is excerpted from the District Council Bylaws.
TRUST FUNDS
Section 21. All allocations from negotiated total wage amounts to annuity, health and welfare, pension, funds sponsored by the International, apprenticeship, labor-management cooperation committees, vacation savings, and holiday plans, shall be determined by the Council Delegate Body.
Thus, certainly that portion of the executed CBA, in my view, must be presented to the delegates. That fact alone should not prevent implementation of MOU terms (which I discussed in the letter I sent to the Court on March l9th). Until the delegate body decides the allocation question, the employers could continue to pay that money into an escrow account.
Though I believe the terms of the MOU are legally enforceable, in my opinion, the delegate body must vote on any unique and material terms not previously considered.
I request that this letter be added to the docket for this matter.
Thursday, March 21, 2013
RO to Judge: Delegates Must Vote on Raise
13 comments:
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Amazing he still fails to grasp what's going on
ReplyDeleteDennis Walsh tell me when the District Council announced a deadline to the membership to recieve comments and direct the delegates how they would like them to vote on the Building Contractors Association MOU. It was voted on on 3/13 13 by the delegates. Bill Kane please answer my question right here in the comment section.Thanks
ReplyDeleteBiello bypassed the delegates by earmarking the raise which is a bylaw violation. Biello should be formally charged.
ReplyDeleteThen get off your ass, just do it, and assist those in the trenches.
ReplyDeletewalsh vetoed others for less . biello the trader has to go and the MOU thrown out.WALSH NEEDS TO DO HIS JOB AND STOP TRYING TO BE A COUNCIL MEMBER
Delete"Biello bypassed the delegates by earmarking the raise which is a bylaw violation. Biello should be formally charged."
ReplyDeleteVetoed is more appropriate.
NOTE:
ReplyDeleteSee AMERICAN INSITITUTE of ARCHITECTS (AIA) Chief Economist article posted on Mobilized Membership.
REF:
Wall-Ceiling and BCA Contracts as related to Full Mobility & the 80% Market Recovery Rates which EST Bilello proposes an 80% market recovery rate, in addition to the now 150+ PLA give-backs.
The AIA economist shows a 22% increase in spending for the Hotel Sector. Read the article & see for yourself
See AMERICAN INSITITUTE of ARCHITECTS (AIA) Chief Economist article posted on Mobilized Membership.
Deletehttp://a-mobilized-membership-is-an-irresistible-force.984137.n3.nabble.com/AMERICAN-INSTITUTE-of-ARCHITECTS-AIA-Steady-Increase-in-U-S-Construction-Activity-Projected-Through-4-tp4026832.html;cid=1363908066660-883
DROP DEAD UNITY TEAM !
ReplyDelete"the delegate body must vote on any unique and material terms not previously considered." Actually according to this part the delegates must vote on the entire contract.. Especially when it has proven to Berman that the actions of the EBoard and Council in collusion with Murphy have worked to defraud the membership and delegates. That makes the 4 page MOU worthless as well
ReplyDeleteLet's hope when this vote does come up it's a roll call vote
ReplyDeleteThe DC along with the UNIONS within them do NOTHING for their MEMBERS. When are we going to join forces to bring the CORRUPTION to a STOP are we paying to be BULLIED!!!!!!!!!
ReplyDeletecontact judge berman concerning the RO and his office for not doing their jobs unless we stand together we will all fall
ReplyDelete