Monday, July 22, 2013

Cover letter and 30-day report and exhibits submitted to Judge Berman by the DC

Dear Judge Berman; As you know, this firm represents the New York City and Vicinity District Council of Carpenters (“District Council”).

Following up on the discussion held during the Court’s conference on July 16, 2013, the District Council on this date has filed its Second Thirty-Day Report, and accompanying exhibits, pursuant to Your Honor’s May 8, 2013 Decision & Order (Doc. 1315) and more recent June, 11, 2013 Decision & Order (Doc. 1332). A courtesy copy of the Report, with its exhibits, is enclosed.

As discussed within the Report, the District Council anticipates that within the next several days it will file an amended Second Thirty-Day Report with updated data and statistics.

SECOND 30-Day Report Ex. 1
SECOND 30-Day Report Ex. 2 
SECOND 30-Day Report Ex. 3 
SECOND 30-Day Report Ex. 4
SECOND 30-Day Report Ex. 5 
SECOND 30-Day Report Ex. 6 


  1. Exactly what does this Compliance Report do to intelligently inform the Federal District Court, Judge Berman, Review Officer (R.O.) Dennis Walsh, the United States Attorneys Office (U.S.A.O.), the rank & file worker/employee and most importantly, the bean counters at the Benefit Funds Office as to how the alleged SDC Compliance Procedures effect collection of monies for each & all of the respective funds?

    The answer is - a resounding nothing!

    This Compliance Report is but another smokescreen being foisted upon the honorable Court, the Government & the Review Officer as there is no discernable or reviewable data, information or trends to show that compliance is being had or demonstration of timely payment of actual benefit funds owed and collected.

    Each Project on all future reports must be identified by name, Project Number assigned by the D.C. & the Benefit Funds, physical Street address, the General Contractor, Subcontractor or tier level subcontractor etc.

    Each Project must clearly depict the start-stop dates for the project, the total Journeyman Man-Hours (M/H) worked, the specific breakdown of Apprentice M/H worked (at each respective level, e.g. 1A through 4B), the Total Funds owed to each respective Fund and the Total Funds actually collected for each respective Benefit Trust Fund and the total percentages owed/owing as well as specific breakdowns for PLA Projects with reduced Wages, Benefits or both and should include a copy of the respective contract terms which identify when such provisions expire and when the full benefit fund rates shall become applicable or effective.

    Past practice indicates that both the District Council and their respective counterparts at the Benefit Trust Funds were woefully deficient in their fiduciary capacity in the actual collection of and accounting for monies duly owed to rank & file members and the funds as a whole; therein , costing members tens of millions of dollars and resulting in major benefit reductions which purpose was by design meant to cover their tracks for their inept and incompetent performance, to cut side deals for ten to fifty cents on the dollar with favored contractors and/or to cover for corrupt practices.

    This report barely scratches the surface for basic performance standards required under the Labor laws or ERISA for Fiduciaries & Trustees.

    Submission of the Compliance Report only highlights the ineptitude of both the IG's office & the OWL Office & clearly shows that these men need to be let go and be replaced by competent individuals. Further, it shows that the left (D.C.) does not know what the right (each respective Benefit Trust Fund and their attorneys) are doing.

    Each & all of the respective Benefit Trust Fund Attorneys should be made to appear and answer to Judge Berman at the next scheduled court conference on September 3, 2013.

    The proof is in the pudding or in this case it shall come forth by the tasks identified above. Anything below 100% prompt payment of benefits owed should send the red flag up the pole.

    Per std. accounting practices, Fund Attorneys & D.C. Officials need to include line items tracking 1-30 days past due, 31-60 days past due, 61-90-days past due and 180 days+ owing and what specific efforts the D.C. & Funds have taken to ensure funds are paid or contractors debarred from employing NYCDCC members on current or future projects until all funds owed are paid in full. (any Project past due 30-days)

    It's time for the EST PT, the HR Director & R.O. to start advertising and interviewing candidates for those who must be replaced.

  2. Scotty you hack. What's the doggys name? Is it Woofy?

    Are you in second grade, no wait - check that, are you in kindergarten?

    Why not call it Operation Woofy Woof? You idiot!

    - How much are they paying you to produce this crap? Seriously, you & the IG both have to go, as in down the road, off to Unemployment you go. It's time for you two to become a barista at Starbucks (pick a location) or a greeter at Walmart.You two should be picking up trash on the side of the higways & byways. At least then there would be some tangible results at the end of the day.



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