Berman to District Council: Ratified the Contract

Incompetence costing members millions of dollars in lost wages and benefits!

Federal Judge Richard M. Berman issued an order today directing the New York City District Council of Carpenters to ratify the "completed" Wall & Ceiling agreement before he will consider a change to the hiring ratios (67% - 33%) mandated in a May 2009 federal court order.

"The District Council is directed, as a matter of "best practices," to seek ratification of the completed Collective Bargaining Agreement, dated March 12, 2013 ("CBA"). Among other reasons, some of the material terms included in the CBA appear not to have been included in the Memorandum of Understanding ratified by the Delegate Body on August 22, 2012. Following ratification, the Court will consider the District Council's application to modify the Final Order and Judgment of Contempt and Remedy, dated May 26, 2009, of United States District Judge Charles S. Haight Jr."

Carpenters have been working without a new WC&C contract since June 30, 2011, and have not received a raise since October 2010.

In February 2012, the delegate body voted unanimously to allow the union's members to have final say on a series of five contracts negotiated with contractor associations by the UBC in 2011.

“We decided that the best way to go forward was for rank-and-file ratification of the contract,” said Mike Bilelo, the union's new executive secretary-treasurer. “It's something I campaigned on. It's part of the transparency of the new district council, the desire for us to put control of the organization back in the hands of the membership.”

In March 2012, the membership (including Bilello) soundly rejected the Wall and Ceiling contract (negotiated by the UBC) which included the full mobility provision that would to enable contractors to hire 100 percent of the workforce; the current system compels them to hire at least one-third of their workers via union referrals.

After the failed contract vote, Bilello spent months dithering and flip-flopping before deciding to break his campaign promise (again) and support full mobility.

On August 22, 2012, he reached an agreement (MOU) with the Association of Wall-Ceiling and Carpentry Industries that includes full mobility.

Back in January we wrote, "while we struggle to pay our bills and put food on the table, the Bilello administration, despite having thirteen months in office and claims of working "tirelessly," has failed to nail down a new contract. This inability to negotiate and implement a contract has and continues to cost this membership tens of millions in lost wages and benefits!"

In the latest issue of "The Carpenter" Bilello incorrectly wrote, "The Wall Ceiling contract was negotiated last August but could not be implemented due to the requirements imposed by the Review Officer (RO)."

Last week in a letter to judge Berman, counsel for the District Council James Murphy wrote, "the CBA is properly before Your Honor for approval because it substantially reflects the material terms of the MOU."

Last month Review Officer Dennis Walsh slapped Bilello with an eight-count notice of possible veto. The charges include among other things, "failing to take reasonable and prudent measures to implement the terms" of the Wall and Ceiling contract."

Delegates to the council are expected to vote on the fully executed Wall & Ceiling agreement at the next Delegate meeting on April 25th at 5:00 p.m.