Tuesday, November 19, 2013

Transcript of Court Conference on November 18, 2013

THE COURT: We have a couple of items that I was hoping we would talk about today. One is we were going to hear a report on how the funds are doing. Mr. McGuire, we have Ryk Tierney who is here.

MR. McGUIRE: Yes. Mr. Tierney is here and ready to report.

MR. TIERNEY: Thank you. My name is Ryk Tierney. I am the Executive Director of the New York City Carpenters Benefit Funds. For the record, we handle the four major funds for the carpenter benefits, which are the pension fund; the welfare fund, which includes vacation and scholarship benefits; the annuity fund; and then the apprenticeship journeyman retraining, education and industry fund. I will start with the pension fund, an update on total assets as of September 30, 2013.

11 comments:

  1. DROP DEAD UNITY TEAM !

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  2. THE COURT: We have been talking about this technology
    18 for months, or over a year probably.
    19 MR. MURPHY: The first implication was back in May 20 this year, your Honor.
    21 THE COURT: There were some discussions even before.
    22 But be that as it may, I'm not quite understanding what is the
    23 problem? It's 2013 and everybody has upgraded their
    24 technology. Is it the culture? Is it resistence?
    Is it lack 25 of training? Is it lack of a plan?

    ALL OF THE ABOVE YOUR HONOR & IT WAS BILELLO & LEBO, or DUMB & DUMBER SHOULD THE COURT PREFER, YOUR HONOR
    SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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    1. THE COURT: If you look at the transcript of these 13 prior proceedings, it wasn't as if on May 1, the baby was born. 14 There was discussion and has been about the ramp up prior to, 15 and there also was big discussions about changing some of the 16 fundamental provisions of the collective bargaining agreement 17 of which this was a negotiated piece. Those changes went into 18 effect immediately. 19 There is more to the story than just everybody first 20 took a look on May 1, and that's why it's taking so long.

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  3. 7 MR. TIERNEY: Thank you. My name is Ryk Tierney. I
    8 am the Executive Director of the New York City Carpenters
    9 Benefit Funds. For the record, we handle the four major funds
    10 for the carpenter benefits, which are the pension fund; the
    11 welfare fund, which includes vacation and scholarship benefits;
    12 the annuity fund; and then the apprenticeship journeyman
    13 retraining, education and industry fund.
    14 I will start with the pension fund, an update on total
    15 assets as of September 30, 2013.
    16 THE COURT: Is that the order in how big they are?
    17 MR. TIERNEY: In order of how big they are, the
    18 pension fund is the largest, so yes. Then I will talk about
    19 the welfare fund. Annuity is the second largest. And the
    20 apprenticeship is small.

    Pension Fund $2.46 Billion, Annuity Fund $1.85 Billion, Welfare Fund $224,329,992 Million & Apprenticeship Fund $11,800,000 = $4,646,129,992 Billion Dollars under his control as the Executive Director and when asked what it costs to manage the $2.46 Billion in Pension Funds by Judge Berman, Tierney responds:

    MR. TIERNEY: Total investment cost, I don't know off 14 the top of my head, but I can definitely get back to you on 15 that. 16 THE COURT: Would you?

    Pretty damn lame. $4.546 Billion under his control and he goes into Federal Court with the "I don't know" response to Judge Berman. Perhaps someone should school this man that such funds and the insurance industry were Judge Bermans bread & butter prior to becoming a judge. Be Prepared, the ole Boy Scout motto.....Epstein, Tierney.......next

    Your paid to know moron...get with the program or resign

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  4. MR. TIERNEY: Absolutely. 18 The only other two things I would just let you know, 19 two other major projects we are working on is the transition of 20 the computer system within the benefit fund office. It was on 21 an old platform called an AS/400 system. We are transitioning 22 to one of the three major Taft-Hartley computer system 23 companies in the United States. The company is called ISSI or 24 Innovative Systems Solutions, Incorporated. 25 So we're in the process of making that transition. We SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

    10 DBICDISC 1 are far enough along that we actually started parallel testing 2 of the old system and the new system on October 1. And we 3 expect to go live with the new system, which has been dubbed 4 URBAN, which stands for Union Resources Benefited 5 Administration Network, and we will go live with that on 6 February 3, 2014, as the system of record. 7 Finally, we are also working on two major improvements 8 to member communications from the benefit fund office. In 9 combination with the URBAN transition, we are redesigning the 10 fund's web site. The web site will include portals for the 11 members to access information about the funds, including 12 individual information through a secure system, as well as 13 allowing employers to access information through the web portal 14 as well. 15 And then finally we are kicking off on January 1, the 16 issue of what would be a quarterly benefit fund newsletter to 17 the members which is entitled the Benefit Toolbox.

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  5. We are transitioning to "one of the three major Taft-Hartley computer system companies" in the United States.

    ooh, aaah, WOW, OMG in the United States., one of the three major..........WOW, so what that really means is one of the good ole boys monopolized firms got yet another no bid contract - right?

    And, the alleged Fiduciaries & Trustees presume that because Tierney frames it this way that the firms software is superior etc.

    Interesting, because if having been around since the days of vaccuum tube meant anything and/or handing out another No-Bid Contract was worth a damn, then Walsh, the RO would not have had his preferred vendor producing the garbage product Murphy has been trying to sell to Berman since May.

    Nevertheless - there are thousands of computer software engineers who could write the entire program & have it up & operative, including Walsh's compliance component a hell of a lot quicker & cheaper than that good ole boys no bid over-priced contract.

    A junior high school class could write a better software program and it's quite obvious that Judge Berman realizes it too.

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  6. THE COURT: We have been talking about this technology 18 for months, or over a year probably.
    19 MR. MURPHY: The first implication was back in May
    20 this year, your Honor. (LIAR, LIAR)

    21 THE COURT: There were some discussions even before.

    22 But be that as it may, I'm not quite understanding what is the 23 problem? It's 2013 and everybody has upgraded their 24 technology. Is it the culture? Is it resistence? Is it lack 25 of training? Is it lack of a plan?

    In-House Legal Counsel Murphy is a bonafide Liar. The Magic Stewie Wand has been the subject of discussion since Nov & Dec of 2011 at a minimum. Excerpt from "The One Reason to Vote No on all the Contracts" March 13, 2012:

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  7. This post was updated on Mar 11, 2013; 11:51pm.
    Forget about the MAGIC STEWIE WAND & the up front expenditure of $1.4M, plus $22k per month for maintenance - it's obsolete before its even built and put into service.

    Bottom Line - A complete & utter waste of rank & file member Funds. Classic move though, force through archaic technology & ever more sweetheart deals to favored vendors. (wink-wink).

    More importantly, the District Court & Judge Berman should be asking a few simple questions:

    1) If the Contractor Associations and their signatory Employers are so concerned about rectifying weekly time sheets between the Steward-Foreman via a simple bar coded paper report and relaying that info to the Funds & Employers CPA's etc; and, if speed/quick retreival of information is what the Benefit Trust Fund trustees/fiduciairies and Project Managers, Engineers & Superintendents in the field are areally after, then RFID is the way to go.

    2) The Contractor Associations and their signatory Employers and General Contractors in particular should be all over this technology. The costs should be split as specifically related to D.C. Carpenter Man-hour tracking and reporting to the CPA's of Employers and at the Benefit Funds. The RFID technology can be incorporated into the UBCJA Photo ID Cards now in use.

    Past that, the side benefits of increased productivity, safety, reduced insurance premiums and excess data mined by Employers can be used for comparing as planned/as bid man-hours to the actual as-built man-hours and it can be utilized for future bidding and to reduce exposure & for schedule impacts, related delay claims, change order work and in preparation for litigation if & when that occurs. All excess costs should be absorbed by the Employers.

    The New Guard: RFID and Other Tracking Technology on Jobsites

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  8. The only other question I had, your Honor, was I 5 believe there is an election that Mr. Walsh has scheduled. I 6 think it's actually the election that you had approved 7 previously, but just delayed. The only comment that I would 8 make on that is the union is very busy, as you can see from all 9 the collective bargaining agreements that have come in in the 10 last several months. This election is going to put an added 11 strain on it. It doesn't matter. We are going to keep going, 12 but whoever gets elected is going to have about six months in 13 office before the next election process starts up, the 14 campaigning, if you will. I wanted to bring that to your 15 attention.

    16 THE COURT: What is the import of that? 17 You have to have an election, right?

    18 MS. JONES: I think if Mr. Walsh thought it was 19 prudent not to, he could make that motion to the Court.

    20 THE COURT: Would you prefer that? 21 MS. JONES: Yes.

    22 THE COURT: Why would that be? 23 MS. JONES: I think that we are making strides. We 24 already are dealing with so much in terms of bad technology 25 that we're trying to work on, which then reflects on reports SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

    21 DBICDISC 1 that seem like we are being recalcitrant when we are really 2 not. It's just a tremendous amount of things to do when we 3 have a functioning council right now. It's just something that 4 I wanted to mention to the Court. I have no idea what the 5 results of this election will be. I'm not here promoting 6 anybody. 7 THE COURT: I know. The only big deal issue that I 8 have been hearing recurrently is the technology, which I take 9 it why you and your firm were called in. 10 MS. JONES: Yes. I think it is important to note that 11 the implementation of electronic reporting was only in May. I 12 know this is the 21st century and there are other and better 13 systems out there, but truly there is no other union like this 14 one that has it. It's not as easy as it may seem all the time. 15 That's all I'm saying.

    Notice how easily an ex-Federal Judge wants to sweep in & end your rights under the Consent Decree and void a mandatory Election for EST w/o the filing of any competent legal briefing.

    Her alleged superior knowledge of the Construction Industry, the NYC Carpenters Union & it's D.C. and $4,56 billion in funds is laughable on its face.

    Notice how easily she lies, or distorts the truth. The new EST will have a year in Office.

    Bottom Line, the case has been ongoing since Sept 6, 1990 & the lawyers& ex-judges don't give a rats ass about you & yours. The fact is, this abortion of a Consent Decree is now about them and their monthly fees and billings and getting thier buddy's and their cronies and their Business partners long-term sweeheart contracts with the D.C..

    Funny. ain't that what the righteous assholes at the U.S. Attorneys Office accused the Union Officials of doing - you know, the exact kind of embezzlement they're all pulling off and scamming everyone for now?

    Isn't that what we really need to be discussing Ex-Federal Judge Jones? Hey, maybe you could call ex-Federal Judge Conboy over at Latham & Watkins, you know, so all the lottle Piggy's feeding at the trough can get greased

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  9. THE COURT: It's a little surprising to me there is no 15 IT capability within the union right now. It sounds like the 16 lawyers are running the IT department. (Isn't the real Question here about what percentage of the $4.56 Billion in Funds the lawyers can legally get away with taking every year w/o doing a lick of work. Is that not why we're all here. C'mon now ladies and gentlemen - the Pig's in the Poke Feeding at the Trough have one thing in mind, that being getting fatter. Wink-Wink)

    17 MR. WALSH: I am actually grateful for the work of 18 counsel for the District Council in pressing these issues and 19 trying to get the council to focus on getting solutions which 20 benefit the membership.

    21 The District Council has lacked appropriate business 22 practices for many, many years.

    Now there is a very bright 23 light being shined on all of these areas. I understand that 24 there is a certain amount of shock when criticisms are made, 25 and certainly when they are made in a very public forum. That

    SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

    31 DBICDISC 1 does not relieve the District Council from, once they have been 2 identified, from moving with enthusiasm to fix all of the 3 problems, and to operate the District Council according to best 4 practices.

    5 I have never accepted the notion that there is too
    6 much going on in District Council. That is the nature of
    7 business. Sometimes you are busy and sometimes you don't get
    8 time to play golf or tennis or watch the Giants. (BURN, but what about the Yankees & the Jets?)

    This is 9 imperative and the clock is ticking, as far as I'm concerned. 10 The time for best practices is here, and it's up to the 11 District Council to decide whether they are going accept that 12 challenge and get these problems solved in a very near term or 13 whether I'm going to ask the Court for a reasoned solution to 14 these problems.

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