Update: WC&C Contract

John's note: The following email was sent to the three District Council Officers (cc, Executive Committee, RO, CCO, DC council) on Friday at 12:06 pm, as in past practice they have not responded. 

Gentleman: I write in response to your April 11, email stating, "per the order and direction" of Judge Berman, the fully executed Wall & Ceiling agreement will be brought before the Delegate Body for ratification at the next Delegate meeting."

With all due respect, the April 25, scheduled ratification vote is premature and should be postponed for the following reasons:

1. The Court's order dated April 11, did not direct the District Council to seek ratification of the fully executed WC&C agreement on April 25, or any other specific date. The order stated among other things, "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")."

2. As you are well aware, on April 15, the RO recommended among other things, "The District Council Delegate Body should immediately and fully comply with Section 20 of the District Council Bylaws by formally adopting written rules and procedures governing the method of collective bargaining ratification and should do so before any further collective bargaining matter is taken up by the Delegate Body."

3. The adopting of "Rules and Procedures," among other things, will require substantive discussion by the delegates of the ethics involved in ratification of CBAs, such as legal right for the rank-and-file to participate in their Union via Member and/or Delegate Ratification, and the necessity of an informed vote. Rules and Procedures must be responsibly hammered out by the Delegates requiring the Council to provide accessible, accurate, objective, information, and a range of view and positions relevant to the Membership (as required by Section 12G of the Bylaws) on the CBA being voted on, according to a time frame in which members may attend Local Union meetings and discuss the agreement with their elected Delegates, before the vote. The question of balloting, who will vote on what contracts, must also be discussed and determined, as well as other procedures, such as guidelines for actual voting, be it mail-in or otherwise, and the subject of roll-call voting mandated by parliamentary procedures of Roberts Rules which the District Council is required to comply with.

4. The completed CBA, dated March 12, 2013 has never been presented to the Delegate Body for discussion and debate. Judge Berman stated: "Some of the material terms included in the CBA appear not to have been included in the Memorandum of Understanding (MOU) ratified by the Delegate Body on August 22, 2012." Therefore these "material terms" will need to be discussed, debated properly and possibly amended before voting.

It would seem prudent and as a matter of "best practices" that something so complex as a CBA and formally  “adopting written rules and procedures governing the method of ratification” will require serious discussion and debate among the delegate body so they may properly execute their duties representing the Local Union membership and give careful consideration to fully complying with Section 20. In addition such Rules and Procedures, once duly adopted, shall be incorporated into the By-laws by the directive of the RO. Any/all amendments to the by-laws are "subject to" the review & approval of the RO & USAO per the terms & conditions of Section 35 of the Bylaws.

I find it troubling and indefensible that you have failed to inform and "convey to the relevant persons" the formal recommendations made by the RO, the required duty to enact and comply with the RO's order, and list/supply what "material terms" included in the CBA were not included in the MOU that was voted on August 22, 2012.

Therefore, I am recommending the following: (1) the contract vote be postponed; (2) immediately formally inform each of the delegates and executive committee members of the RO's recommendations; (3) the Delegate Body "provide instruction" to the Executive Committee to craft legislation to fully comply with Section 20 and "review, approve or reject all decisions" of the Executive Committee,  before any vote and or any further collective bargaining matter is taken up by the Delegate Body.

Respectfully,
John Musumeci