Tuesday, May 7, 2013

Pro Tem EST signs Unprecedented Compliance Commitment

McInnis, new EST
Stephen McInnis, the current President and Political Director of the NYC District Council of Carpenters, appointed himself to the office of Executive Secretary Treasurer (EST) on a Pro Tem basis, until an election is held to fill the remainder of the office’s term. Mr. McInnis will resign as Political Director.

In accordance with the Constitution of the United Brotherhood of Carpenters and Joiner of America, and the special circumstances involved regarding the EST position being vacant due to the April 29 veto of Michael Bilello, Mr. McInnis applied for and received special dispensation from General President McCarron.

McCarron granted dispensation as follows: McInnis "may maintain his position as President of the Council, while also holding the position of Council EST," until such time as a qualified member is elected as EST to fill the unexpired term.

In response to an email for comment, Review Officer (RO) Dennis Walsh stated, he "did not pose an objection, because of the unprecedented multi-point compliance commitment" made and signed by Mr. McInnis on May 5, 2013.

The statement includes:

1. Executive Secretary-Treasurer, Pro Tem, (“EST PT”) will broadly publicize and hold a “Town Hall” for all members not less than every thirty (30) days in which he will answer all questions posed to him to the best of his ability and in a temperate manner. Each Town Hall shall be recorded for posting on the District Council web site and run for at least two hours or until all questions have been addressed. Each such Town Hall will be observed by the Review Officer;

2. EST PT will submit timely, detailed Review Officer Time and Task Records (“time sheets”);

3. EST PT will give streamlined reports at Executive Committee and Delegate Body meetings and deliver via confidential email all official correspondence and material business documents for consideration to all Executive Committee Members and Delegates for their perusal and consideration no later 72 hours before such meetings and will only read such documents when expressly requested to by the Executive Committee or the Delegates; he will further answer any and all questions about his reports to the best of his ability and in a temperate manner; he will consult with the President, Vice President, Director of Operations and Director of Organizing of the District Council to determine which matters material to the business of the District Council and the rights of its members should be addressed in each such report; he will “review,” rather than “read,” the minutes of Benefit Funds meetings as required by the Bylaws, and explain key points and issues as may be prudent; this provision shall be implemented no later than May 22, 2013;

4. EST PT will study and comply with all provisions of the District Council Bylaws and consult with District Council counsel, District Council Compliance officials, the District Council Inspector General and the District Council Director of Operations before engaging in any undertaking which might constitute a material violation of said Bylaws;

5. EST PT will take personal responsibility for preparing by July l, 2013, a detailed curriculum for business representative cross training, present said curriculum to Review Officer for review by said date and shall insure that classes for such training begin within thirty days of completion of said review;

6. EST PT will confer in person, individually and collectively, as often as prudence requires with the Director of Operations, Chief Compliance Officer and Inspector General (but no less than once per week as a group) about the business and compliance initiatives of the District Council, and unconditionally support their proper undertakings or promptly report his disagreement with any of said undertakings to the Review Officer;

7. EST PT will confer in person at least every two weeks with a subcommittee of six District Council delegates elected by the Delegate Body to discuss issues of concern brought to the attention of said subcommittee, should it be created by the Delegate Body; the EST PT will notify the Delegate Body of this provision at the delegate meeting held on May 8, 2013;

8.  EST PT will promptly but no later than June 1, 2013, establish procedures and protocols for his as well as other officers and management employees of the District Council receiving and responding to member telephone calls and email messages which insure timely and responsive communication as a matter of record;

9. EST PT will at no time assert or attempt to assert authority not expressly granted to him by the District Council Bylaws;

10. EST PT will use his best efforts (reporting on said efforts to this office) to insure that the Executive Committee implements a member comment section on the District Council web site which provides for members the opportunity to express their good faith, on-the-record and non-defamatory opinions about matters relevant to the affairs of the District Council; the comment section should be implemented by June 1, 2013.

11. EST PT acknowledges hereby that the goals of the Consent Decree and the Stipulation and Order require that he, and all officers and employees of the District Council must vigorously and actively support the compliance and ethics program of the District Council at all times and in all communications and affirms this commitment to compliance by promulgating a weekly compliance message via the District Council web site;

12. EST PT acknowledges that if the Review Officer determines that the EST PT has breached this Commitment of Service that said breach would constitute a violation of Paragraphs 5 and 7 of the Stipulation and Order.

5 comments:

  1. Total unexpurgated bullshit.

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  2. Quite obviously, they missed this salient point. I don't believe dispensations are or should be allowed under the Consent Decree given the waivers relative to compliance and the fact that under the Decree, the UBCJA Constitution must comply with any & all laws passed; and, noting specifically that the Lebovitz D & O declared the UBCJA Constitution facially unlawful without qualification.

    Both pre & post Lebovitz, the UBCJA Const. has never been modified to comport with any law - especially the ones McCarron does not like nor wish to follow.



    The Review Officer stepped over the line here as well, working behind the scenes with McCarron to bury the application of the NYCDCC By-laws and allow the 100-member Council Delegate Body to initiate & pass the requisite law or laws via formal motion etc & by binding roll call vote, thus Prong 2, 'restoration of democracy' got swept aside again as did the 100-member CDB's inherent Plenary Power.

    Walsh & Torrance have also stepped out of bounds in failing to vet or scrub the facially unlawful UBCJA Constitution (at any time since the Comsent Decree was signed or since their own recent appointments) of every illegality found within it and by their joint failure to allow McCarron or the District Council to rely on a document which has been declared facially unlawful by the NLRB w/o Appeal. Because the UBCJA Local Union 43, NERCC & the International failed to challenge this or raise it at any time, they wiaved their right(s) to any Appeal at the Board or Appellate Court level, which for Lebovitz would be the First Circuit.

    Moreover, Walsh failed to file a proper application or motion with the Court to amend the By-laws which once enacted and approved by the Federal District Court become part of the Consent Decree by its operation, thus by failing to follow mandatory & binding waivers of compliance, implemenation of any such changes constitute an abuse of discretion and process and the Court should consider and isseu contempt charges.

    Any time democracy gets in the way, Prong 2 of the Consent Decree is simply swept away. Now its the By-laws and the Election Procedures (both binding orders of the Federal District Court) and the Review Officer is participating in the scam.

    The Commitmant of Services to the Review Officer 2-page, 12 part (12 Step) program, paricularly part 11 is but another in a long series of scams for force 100% Full Mobiliy down the NYC Carpenters throats.

    Dennis Walsh just gave his buddies McCarron & Conboy another bite at the proverbial apple.

    Again, all of this was done behind the scenes or closed doors if you prefer, over the wires, across state lines in furtherance of McCarrons continued 18-year racketeering schemes nationwide, and in particular in New York City.

    The United States Attorney is no where to be found and has ceded all his authority to be effective in any capacity by his continued default and obligation to the Court and as one of the two parties with standing to vet & protect rank & file member interests.Torrance has simply been an inefective no show from day one of his appointment.

    McCarron, via the "until such time" qualifier thus ensured that no Election shall take place as said qualifier in concert with the 12 step Love Letter to the RO, with the phrase " as a qualified member is elected" will be applied to prevent any opposition candidate from seeking the EST Officer poistion unless they certified by McCarron & the R.O. to be fully on board with reversion of all control of hiring to the corrupt contractor associations and agree to award 100% full mobility to all Contractor Asociations.

    McGinnis, being the perfect McCarron stooge for the job will surely sell us out & the R.O. by participating directly in it with his former boss ex Federal Judge Conboy just ensured that McCarron will get that back room deal made two years ago at the Courthouse steps.

    It's all good your Honor, Scouts Honor, your Honor - trust us.

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  3. So where is the rest of the agreement. Who wrote it for McInnis to sign. WHO is McInnis in agreement with. What was given to McInnis is return for signing this agreement. WHERE are the rest of the terms..WHO instructed the party that wrote this to do so and WHO instructed the party that wrote this to enter into any agreement with McInnis??WHEN did the delegate body approve this. Notice the agreement was signed on May 5,2013 signed Pro Tem EST McInnis. So WHO told McINNIS last Friday he was EST. WHEN did the delegate body approve McInnis . IF some PHAMTOM said to McINNIS "sign this and your EST" why were the members not informed until Tuesday.. Dear Mr WHO. So If it suits your agenda the bylaws can be ignored and you can make backdoor deals without the involvement of the membership or delegates??Dear Mr Walsh.. unprecedented your ass..

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  4. Fat, Drunk & Kissing McCarrons Ass is no way to go through life son!

    What time on the tools? McGinnis is but another in a long procession of bullshitters who claim to be Carpenters but who have spent their entire careers as sellout politicans, betraying they very men they claim to be a part of, to represent, hence the over-blown hack resume.

    Anytime an apprentice wins a contest, they UBC always parlays that into the political spehere & they market it, for their advantage not yours. He's a charlatan plain & simple.

    He will sell you out and you can take that to the Unemployment line, because you won't be going to the bank cashing a Union paycheck, not after all the Carpetbaggers, 1099's & Illegal Aliens from all over creation come in & take over your jobs and your District Council while your pretend Stewards will be there only as a token remnant of what a Union once stood for.

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  5. DROP DEAD UNITY TEAM !

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