Sunday, December 8, 2013

Quote of the Day

"I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time."–– Judge Richard M. Berman

Below is an excerpt from the Court Conference on December 4, 2013 between EST Pro Tem Steve McInnis and Judge Berman.

THE COURT: Do we have present today anybody from the district council, the EST, for example, the interim EST or somebody else who could address that?

MS. JONES: Yes, your Honor.

MR. MURPHY: Yes, your Honor.

THE COURT: Could he address this issue? Nice to meet you. Wherever you're comfortable. At the podium if you like or there.

MS. JONES: Your Honor, I should also tell you that vice president Mike Cavanaugh is here and a number of other representatives from the district council.

THE COURT: Thank you. If you could state your name for the record.

MR. McINNIS: Steven McInnis. How you doing, your Honor.

Currently we have a process for hiring that's required by the bylaws. We have six names that have been sent to the review officer for review to put six more representatives in the field.

When it comes to administrative staff, we've actually added four additional admin staffs temporarily to deal with this issue.


THE COURT: Do you have an IT person?

MR. McINNIS: We use Red Eye to handle the basic IT stuff. that the

THE COURT: That's a contractor?

MR. McINNIS: Correct.

THE COURT: I'm talking about in-house.

MR. McINNIS: Red Eye is in-house four days a week.

THE COURT: You don't have anybody on your staff?

MR. McINNIS: Right. We began the process and I think delegate body wanted to take on the process to bring in a consultant in IT and we want to do it ourselves. If we're going to be a democratic organization and stand on our own two feet, we need to take on the responsibility of doing it right the way.

So we actually have interviews with five different firms this week, and we hope to have a recommendation to the delegate body next Wednesday. It's a process. The review officer mentioned what the funds have done. That's been a two-year process. I don't think it's going to take us two years to get where we need to go. I think we have a very expedited process and we're addressing a lot of different issues.

THE COURT: What's your take about why it hasn't since August of 2012? That's when the issue was first put on the table or maybe even before that.

MR. McINNIS: Which particular issue?

THE COURT: Technology.

MR. McINNIS: Technology?

THE COURT: Yeah.

MR. McINNIS: You know, we've used contractors. Down the road, I don't know if we're going to use contractors. We're going to see what the consultant has to say.

It's very difficult to move things at the district council. We deal with a lot of different issues. This is, as Jim Murphy would state, this is a large organization. I think when it comes down to it, and Judge Jones will go into it, when it comes to the rolling out of the compliance piece regarding full mobility, our intention was to incrementally roll it out. In discussions with the bureau office, we didn't wanted to jump in the pool the same day.

I think our numbers are above 95 percent of our people are doing this the right way. You know, it's something that our goal and the vision here is to get it to a hundred percent.

THE COURT: You think you're at 95 percent compliance, as it were, with the electronic anticorruption measures at this point?

MS. JONES: Judge, in terms of actually reporting hours worked, we think we are somewhere between 90 and 95 percent.

In terms of the accuracy of the underreported jobs because shop stewards -- that's only one reason -- are not calling in a job when it's closed, we carry all of these open jobs where there really is no reporting that could be done. There are no hours being worked. I know you understand that --

THE COURT: I do.

MS. JONES: -- from my letter.

THE COURT: I do.

MR. McINNIS: So we've taken the measures to drill down and identify these false negatives and to implement different pieces.

Whenever you're going to roll out something -- and this is a fundamental change institutionally and organizationally and culturally about how we report hours -- and it's something that takes a little bit of time. We've seen a lot of technological rollouts with their issues out there, and I don't think we're anywhere near some of the CityTime for New York City or the Affordable Care Act website. I think we're doing a good job.

THE COURT: I don't think these things are comparable to that. I don't think this is in any way comparable to Affordable Care Act issues and problems. I don't think it's anywhere comparable to the CityTime, which is the subject of a criminal court proceeding as we sit here right now. I think this is far more finite.

And it didn't take any, it didn't take any time to implement full mobility, right? That was a fundamental change that a lot of the people who are in your union were not happy about. That you did overnight. That was also a big change. So this, you know, I'm just.

MR. McINNIS: Your Honor, I can tell you that there is on the union side, you know, we are in unchartered territory, this new technology. We do believe we need assistance.

THE COURT: I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time.

MR. McINNIS: I do believe you can be in both places at the same time. This is a new system and a new system that is working at 95 percent, with the goal to get it to a hundred; and we're committed to put the additional resources to get it to a hundred percent, to be at full compliance.

THE COURT: And what's your view about having a technology person on staff?

MR. McINNIS: I believe that, you know, it's something that's not my expertise and that's why we're going to bring somebody in. We feel the consultant is an architect and if we're going to build something, we need an architect who's going to come in. And if they say we need two in-house people and that's the recommendation, I think that's the direction we should head into.

THE COURT: You don't have an opinion as to whether you need anybody in-house?

MR. McINNIS: I'd like to have an educated opinion. We had the first interview. I think it was very informative. I'd like to make educated opinions in regard to that, and it's not something that's common nature and knowledge to me. But I'm looking to educate myself and the executive committee and the delegate body so that when these decisions are represented, it's transparent, people understand what we're spending money on, and it's something that the members can buy into. And that's the process we've signed on for and that's the process we hope to follow.

13 comments:

  1. DROP DEAD UNITY TEAM !

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  2. And now some excerpts from the Nov 18, 2013 Court Conference as a backdrop to the soon to be former EST pro-tems failure to pay attention and do his homework:
    _______________________________________________________

    AnonymousNovember 19, 2013 at 10:06 PM
    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. $4.646 Billion under his control ( noting that when all the minor Funds are added to it that the D.C.'s valued at approximately $4.8 Billion Dollars) and he goes into Federal Court with the "I don't know" response to Judge Berman.

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  3. AnonymousNovember 21, 2013 at 9:10 AM
    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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  4. AnonymousNovember 21, 2013 at 9:41 AM
    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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  5. AnonymousNovember 21, 2013 at 10:07 AM
    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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  6. AnonymousNovember 21, 2013 at 11:07 AM

    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.

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  7. OK Ladies, back-drop over & EST McGinnis after having 2+ weeks to prepare to defned the UBCJA International, District Council, Contractor Association & Benefit Trust failure to perform comes in to a Federal Court with:
    _______________________________

    MR. McINNIS: Steven McInnis. How you doing, your Honor.

    Currently we have a process for hiring that's required by the bylaws. We have six names that have been sent to the review officer for review to put six more representatives in the field.

    When it comes to administrative staff, we've actually added four additional admin staffs temporarily to deal with this issue.


    THE COURT: Do you have an IT person?

    MR. McINNIS: We use Red Eye to handle the basic IT stuff. that the

    THE COURT: That's a contractor?

    MR. McINNIS: Correct.

    THE COURT: I'm talking about in-house.

    MR. McINNIS: Red Eye is in-house four days a week.

    THE COURT: You don't have anybody on your staff?

    MR. McINNIS: Right. We began the process and I think delegate body wanted to take on the process to bring in a consultant in IT and we want to do it ourselves. If we're going to be a democratic organization and stand on our own two feet, we need to take on the responsibility of doing it right the way.
    _______________________

    1) You do not address a Federal Judge with "How you doing?" Show a little respect with something like 'Good Morning your Honor' etc. Steve, the first impressions tend to follow a man around. This intro made you sound like a boob or some Hollywood actor in bad script for a Mob movie.

    2) Red Eye....Crap , me thought that was the late night flight out of LAX, JFK, SFO etc., the ole 2:00 am "Red Eye"

    3) "THE COURT: That's a contractor? MR. McINNIS: Correct. THE COURT: I'm talking about in-house. MR. McINNIS: Red Eye is in-house four days a week." Ok so he answers that Red Eye is a Contractor & then does not have the mental acuity to comprehend that Judge Berman's referral to "in-house" means on the D.C.'s payroll. Steve, either you were on the Red Eye from Japan or Europe or you better go checked for pre-alzheimers. This type exchange from an Executive at the D.C. is an absolute embarassment. Judge Berman had to dumb it down & you still couldn't follow the bouncing ball.

    4) ...."McGinnis If we're going to be a democratic organization and stand on our own two feet, we need to take on the responsibility of doing it right the way". Steve - this has nothing to do with the restoration of democracy, rather, it is a specific compliance issue & quid pro quo exchanged by & btwn the parties...re: You give us Full Mobility, we give you the Compliance Component simultaneous to the inking of new contracts (CBA's). Currently, your in -house counsel James Murphy has been forced to delay, stall and yes; even lie for you & others in open court for all to see, hear and transcribe as a now public record. The D.C. is violating the Consent Decree & the new contracts (CBA's) and is in fact in contempt of court. the lies, excuses, diversion and chicanery aside, notwithstanding the dismal performance of all D.C. exectutives.

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  8. excerpt, November 18, 2013 Court Conference transcript:
    ________________________________________________

    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.

    Unfortunately, democracy in Union affairs does not always led itself to professionalism, high standards/work ethics, honesty, integrity or accountability,

    Steve McGinnis is a lame duck and he'll soon be down the road. Given his 20 or so years in D.C. employment, allegedly as a polished white collar executive we must apologize for his failure to prepare, failure to lead and the overall dismal performance and the lack or application of common sense.

    In the interim, in-house counselor Murphy, rather than preparing a defense through Judge Jones should probably be spared from this round of veto's and allowed to focus on the day to day affairs at the District Council.

    A competent D.C. EST would have got the RO's consent take a few trips around the country to other D.C.'s and absorb how their Benefit Trust Funds work, what Information Technology systems they have in place. For example, NERCC (New England Regional Coucnil of Carpenters) uses i-Remit and the Contractor Association signatories to the contracts (CBA's) remit all Benefit Trust Fund payments via accounts set up with First Trade Union Bank (which we own & operate with the former Empire State Regional Council of Carpenters (ESRCC), now, formally merged to the NRCC) and remit benefit trust fund payments (for all funds, under the specific hourly package) electronically or make payments at the bank in person on a weekly basis so that the rank & file members will have the Benefit Stamp proving payment/receipt/acceptance of the funds owed and the Man-Hours worked for every person, on every project. This is but one example. McGinnis failed to take this obvious step. A few simple phone calls, fax's, e-mails and coordinating cooperatively with the R.O. would have made a huge difference prior to his failed decision to go against the grain and act like a spoiled child by hiring another ex-Federal Judge to fight the R.O., and attempt to get him removed or comply with the terms and conditions of the Consent Decree and testimony given in court. (ALlthough not fromally sworn, one would presume that when you march into a Federal Courhouse, particularly given the sordid history of the Union with its past beatings, stabbing's, murders, malfeasance, fraud and extortion; that one would be pre-disposed to telling the truth as opposed to going back to business as usual.

    Motion on the Floor to retain the Review Officer for a 60-month extension, all those in favor say...

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  9. MR. McINNIS: So we've taken the measures to drill down and identify these false negatives and to implement different pieces.

    (Drill down where? Identify False Negatives, OK...,implement different pieces, say what? Talk about circumlocutious logic - what a bunch of bullshit. Why would Mr. McGinnis presuppose Judge Berman to be a fool and that he would buy into this? Stevie, Stevie boy, spin as you may, you are not selling the members on why 4-guys from the E-Board should get to play in the Annual Golf outing at some premier Golf Club & why they should spend the dough to send a bunch of 25-handicap's; you are in the Big Leagues now son and Berman ain't no fool)

    Whenever you're going to roll out something -- and this is a fundamental change institutionally and organizationally and culturally about how we report hours -- and it's something that takes a little bit of time. We've seen a lot of technological rollouts with their issues out there, and I don't think we're anywhere near some of the CityTime for New York City or the Affordable Care Act website. I think we're doing a good job.

    (The most idiotic comment of the year.)

    THE COURT: I don't think these things are comparable to that. I don't think this is in any way comparable to Affordable Care Act issues and problems. I don't think it's anywhere comparable to the CityTime, which is the subject of a criminal court proceeding as we sit here right now. I think this is far more finite.

    And it didn't take any, it didn't take any time to implement full mobility, right? That was a fundamental change that a lot of the people who are in your union were not happy about. That you did overnight. That was also a big change. So this, you know, I'm just.

    (Exactly your Honor....sorry for the interruption below)

    MR. McINNIS: Your Honor, I can tell you that there is on the union side, you know, we are in unchartered territory, this new technology. We do believe we need assistance.

    (Ya think? OMG, Zero accuntability at the District Council. The D.C. where passing the buck & blaming others is the rule of the day. Let's see Stevie, who are you going to throw under the Bus on this one?)

    THE COURT: I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time.


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  10. THE COURT: I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time.

    MR. McINNIS: I do believe you can be in both places at the same time.

    (In the TWIGHLIGHT ZONE)

    This is a new system and a new system that is working at 95 percent, with the goal to get it to a hundred; and we're committed to put the additional resources to get it to a hundred percent, to be at full compliance.

    THE COURT: And what's your view about having a technology person on staff?

    MR. McINNIS: I believe that, you know, it's something that's not my expertise and that's why we're going to bring somebody in. We feel the consultant is an architect and if we're going to build something, we need an architect who's going to come in. And if they say we need two in-house people and that's the recommendation, I think that's the direction we should head into.

    THE COURT: You don't have an opinion as to whether 8 you need anybody in-house?

    MR. McINNIS: I'd like to have an educated opinion.

    (Unbelievable, first he insults Judge Berman by telling him that he can be in both places at the same time & second, he continues babbling by stating he'd like to have and educated opinion, which is insult no. 2 thrown Judge Bermans way - ya gotta love it. pure, unbridled ignorance topped off with arrogance)

    We had the first interview. I think it was very informative. I'd like to make educated opinions in regard to that, and it's not something that's common nature and knowledge to me. But I'm looking to educate myself and the executive committee and the delegate body so that when these decisions are represented, it's transparent, people understand what we're spending money on, and it's something that the members can buy into. And that's the process we've signed on for and that's the process we hope to follow.

    (No Stevie boy, you went into a Federal Court ill prepared and tried to bullshit your way through the Court Conference and past Federal Judge Richard M. Berman while the District Council has violated every contract signed since day one and while you send the in-house counsel to Court to run duck & cover operations for inept & failed leadership. The District Council, Contrator Associations & Benefit Trust Funds are in contempt of the Court Order approving Full Mobility, plain & simple, no law degree required to comprehend these simple facts.)

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  11. THE COURT: I don't get it. You're either at 95 percent compliance or you're in unchartered territory. You can't be in both places at the same time.

    MR. McINNIS: "I do believe you can be in both places at the same time...I'd like to have an educated opinion."

    (In the TWIGHLIGHT ZONE)

    Speaking of which, the theory is that Steve was on a Red Eye from the International in Vegas after a meeting with Doug & fell down, hitting his head after some rough turbulence.

    Here's one of the best episodes of the Twighlight Zone and it may nearly mimick what is to come via Obama's Death Squads via your County Health Czar under the Patient Protection & Affordable Care Act. And yes Ladies, death squads and euthenasia are part & parcel to the acts enactment.

    Was this the feature film on the plane ride home?

    Could it have caused McGinnis's reference to the ACA?

    Was Steve McGinnis on the plane or was he in his own TWIGHLIGHT ZONE?

    Now sit back and enjoy the ride - "THE OBSOLETE MAN" starring Burgess Meredith

    * also on C-BOX

    https://www.google.com/search?sourceid=navclient&aq=t&ie=UTF-8&rlz=1T4DKUS_enUS408US408&q=the+twilight+zone+episodes+the+obsolete+man+youtube

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  12. 2nd Interim Report of Review Officer, June 3, 2011 (I.T. INFASTRUCTURE, now a 2-1/2 + year old subject)

    at pg. 24

    G. IT Infrastructure

    Since the issuance of the First Interim Report, the District Council has taken steps to develop its own information technology (“IT”) infrastructure, rather than continue to utilize the infrastructure of the Benefit Funds. See infra at 50-51. Unfortunately, theBenefit Funds have made little progress with modernizing their own IT infrastructure. Segal’s Operational Review Report advises that the Funds are in the process of upgrading its current system and implementing a web-based system created by a vendor. The earliest they expect the system to be completed is August 2012. The slow pace of this

    ********************Guidelines. On July 8, 2010, I issued a formal recommendation that the trustees conceive and implementsuch a program. As noted, I think developing such a program must be one of the highest priorities of whoever is retained as CCO.******************************

    at pg. 25

    25 endeavor is unacceptable and hard to understand. The District Council has made significant progress in the same period of time and had no system whatsoever upon which to build. The trustees have asked Segal to assess and report on the vendor’s efforts. Of course, this project must be completed promptly and should be directly and actively supervised by the Director of Operations or a Special Projects Manager and an IT Director (with frequent progress reports).
    _________________

    ...."and an I.T. Director (with frequent progress reports)".

    Gee Wally, how come Lumpy McGinnis didn't read the RO's reports, you know - all of them after being appointed EST pro-tem by special dispensation of McCarron? Shouldn't he have ought to have done that Wally? How come he doesn't get it Wally? Well Beav, he's just another dummy at the Council and besides, he's too busy fighting the R.O. with that new Judge he hired & wise guys never change their ways. So ya think the judge knew he was trying to pull the wool over him the other day in court? Sure Beav, he's no fool.

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  13. 2nd Interim Report of Review Officer, Dated June 3, 2011 (I.T. INFASTRUCTURE, now 2-1/2 + years old)

    at pg. 51

    D. IT Program
    As noted in the First Interim Report, the Benefit Funds had been solely responsible for providing IT services to the District Council for as long as employees can recall. See First Interim Report at 49-50. The District Counsel, with guidance from its IG and counsel, has developed a plan for eliminating reliance upon the Benefit Funds and being responsible for its own IT services. Additionally, the District Council has mademeaningful progress with respect to this plan. The District Council has retained a vendor to provide services throughout this endeavor.Specifically, the District Council has a two-phase plan and has essentially implemented the first phase. The first phase was creation of an email system. The District Council now has a dedicated email server, running Microsoft Exchange Server.The vendor has configured a system facilitating adherence to the Records Retention Policy enacted approximately six months ago. The system has been in use since approximately March 2011. Human Resources Director Dana Brownstein, who is

    at pg. 52
    52 administering the Records Retention Policy, is now addressing practical adjustments that might be appropriate in view of the functionality of the email system.The vendor has also created a backup and recovery system, separate and apart from the email system. This is primarily intended for disaster recovery, but is an additional means for recovering documents if necessary.The District Council still shares the Benefit Funds’ network. Its email system is routed through the Benefit Funds internet connection. The second phase of the District Council’s plan is a network split. The split is expected to be effectuated by October 2011 at the latest.The District Council has determined not to create an in-house IT Department but rather to outsource to the vendor. The vendor, not the Benefit Funds, now handles the District Council’s day-to-day technological problems
    _____________________

    "The District Council has determined not to creat an in house IT department but rather to outsource to the vendor."

    And, as all are now painfully aware, the vendor selected for the electronic Compliance Monitoring is wholly inept at what they do. Their software engineers are incompetent and the Reports produced to date are at a junior high level and are wholly unreliable, thus requiring their immediate termination, notwithstanding the current lawsuit between SDC the D.C.

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