Tuesday, December 17, 2013

THE SIXTH THIRTY-DAY REPORT REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES

(John's note: Can someone try dissecting this report and post what it means, for the life of me I don't understand what this report is trying to say).

The District Council submits this Sixth Thirty-Day Report pursuant to (1)the Decision& Order entered on May 8, 2013 , (2)the Order entered on June 11,2013, (3) the Order entered on July 16, 2013, (4)the Order entered on September 3, 2013 , (5) the Order entered on September 12, 2013, and (6) the Order entered on October 23, 2013 in United States v. District Council, 90 Civ. 5722 (RMB).

This report covers the period from November 1, 2013 to November 30, 2013 and sets forth statistics regarding electronic job reporting and related anti-corruption compliance measures established by the District Council's collective bargaining agreements ("CBAs") with the Wall-Ceiling and Carpentry Industries of New York, Inc. ("WC&C"), the Building Contractors Association, Inc. ("BCA"), the General Contractors Association of New York, Inc. ("GCA"), the Floor Coverers Association of Greater New York, Inc. ("FCA"), the Contractors Association of Greater New York ("CAGNY"), and the Cement League, Inc. ("CLI").
Exhibits to Latest 30-day Report from the DC
 

11 comments:

  1. DROP DEAD UNITY TEAM !

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  2. WHAT am i missing here? The district council was supposed to do these Reports every 30 days....and have failed to do so...Where are all the other reports?

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  3. They aint on that exemplary web site!

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  4. Problem Number:

    1) In house legal counsel Mr. Murphy needs some remedial legal writing courses to teach him the significance of utilizing an 'Index' and, an 'Appendix'.

    2) Irrespective of item no. 1 above, in house legal counsel Murphy's 30-day reporting to the Federal Court lacks clarity in that;

    a) There is no std. formatting for anyone to follow, whether the U.S.A.O., the R.O., Judge Berman, the multiple Benefit Trust Funds or the members and it appears that said failure stems from a couple of concerns. The first being zero direction ot input from EST Pro-Tem to take charge, to lead and set the std. to follow in the first instance; and, second, it appears that the mis-direction is by design and intentional so that the District Council, the Benefit Trust Funds and their respective legal counsel can mislead the aforementioned parties and feign compliance to the Court where there is none to be had. Every report issued to date is a pile of meaningless crap - in plain english and everyone involved knows it, yet all continue running to Federal Court to try & lay one over on the Judge.

    b) With 30+ individual Contractor Association contracts (CBA's) and well over 135 individual Project Labor Agreements (PLA's), which each and all of them form separate individual and unique contracts, the D.C. has +- 165 Contracts for the USAO, RO, the Court and members to review; and, the fact that Judge Berman allowed for consolidation of the first few signed contracts failed to address the individual number of distinct contracts. Said distinction cannot be cured via consolidation given items 1 & 2a above.

    Time for the dog & pony show to end. McGinnis & Murphy both gotta go and we're all still waiting for Cavanaugh's veto as well.

    Change demands that the culture change and it also demands that the people now lying & perjuring themselves before the court be dealt. Cavanaugh signed the first illegal agreement which violated the new By-Law Sec. 21, for which former EST Bilello (amongst other reasons) was vetoed, yet he remains in D.C. employment while admittedly violating the Consent Decree - begging the question of what dirt does he hold and upon whom does he hold it and why he is still there?

    Time to clean house & start anew because there has not been one original idea emanting from the D.C or its legal counsel in a very long time and the remainder of their efforts are all geared toward one thing: fake it, till you make it or job justification, yet they never get results.

    Five Billion dollar for profit or non-profit corporations do not put up with this kind of ineptitude and general incompetence and nether should the rank & file owner/operators of the NYCDCC be forced by a US Attorney, a Review Officer appointed by the Court or the Court itself to continue paying the high salaries and benefits to such an incompetent group of misfits.

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  5. Problem Number 2:

    pg. 6 & 7

    "If 20.48% is a fair estimate of the actual failure rate, then the actual count for which a shop steward report worked hours is 465(,2048/2,272. And, the percentage of overall non-compliance is 2.98% (465/15,589). Using the 23.21% figure (i.e. including the delayed reports) would yield a 3.38% failure rate (.2321 2,272)/15,589.

    Members of the District Council represented to the Court at the Dec 4, 2013 conference that shop stewards were in 90-95% compliance w/ the electronic reporting system for 3+ person jobs. These testimonials support that testimonial estimation.
    ____________________

    Move to strike as Non-Responsive; re:

    D.C. in-house counsel Murphy first via typical deny, delay & obfuscation tactics blames the Shop Stewards for the malfeasant and non-compliance by the D.C.'s EST Pro-Tem/President, it's OWL personnel, the Benefit Trust Funds and their associated I.T. specialist & sub-consultants and the D.C.'s multiple I.T. vendors/subconsultants for their collective failure to produce a One-Source Proprietary Computer Hardware & Software source wherein, and per Contract(s) (CBA's) all Wages and Benefit payments of rank & file Union Carpenters are to be paid weekly and paid timely & reconciled via Electronic means and reported to the USAO, the R.O. and Judge Berman in 30-day increments without delay and the continued chicanery, lies, and general deceit displayed to date.

    Why insult the members firstly, the RO secondly and Judge Berman lastly? Seriously, this juvenile level management of the D.C. & Benefit Trust Fund affairs is no longer amusing.

    Given mandated payment of Wages and Benefits weekly, the real Questions competent executives and the aforemetioned parties require is:

    With 15,589 active Projects ongoing under 165+- Individual Contracts, what were the total Number of Man-Hours worked for each individal Project and what percentage of said Benefit Trust Fund payments were paid timely (with the members pay-checks), what percentage is Outstanding past 15-days, 30-days, 60-days, 90-days & 180-days and why are said payments delayed, un-reported and going into collections?

    What are the total accounts receivables (A/R) due in sum Total for each 30-day increment and what are the Sub-Totals due/owing for 15, 30, 45, 60, 90 & 180-days?

    *Is it a make work program for attorneys?
    *Is it due to the overal inept management at the D.C., the Funds or both?
    *Is it due to ineffectual in-house legal counsel and inept counsel at the Benefit Trust Funds?
    *Is it due to the Locals inability to shutdown projects via the strike clause to pull workers out of Non-Complying Projects until the benefits are paid timely wherein the D.C. allowed for arbitration of disputes via contract, or via the IG, CCO or separate filing for formal arbitration; or, is it all of the above?

    Dennis, time for more veto's baby because you are dealing with lying incompetent fools and Judge Berman is no fool. The next move through Judge Jones will be to throw you under the proverbial bus.

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  6. This is some strange fuzzy math! According to the report the DC is 96% compliance with reporting. I have no idea what any of this means. 15, 589 open job also sounds bogus! I think Steve got it right when he said "we are in unchartered territory."

    Why can't these reports answer simply questions...such as:

    1. Total # of jobs for the day, week month

    2. Total # man-hours reported day, week, per month

    3. Total # man-hours benefits paid, day, week month per month

    4. Total # unreported hours, day , week month

    "In order to determine the percentage of noncompliance overall, one must compare the total Active Count to the total Unreported Count.

    Using data from December 2,the earliest available report, the Active Count (open jobs) was 15,589 and the Unreported Count was 2,272.

    If 20.48 percent is a fair estimate of the actual failure rate, then the actual count for which a shop steward did not report worked hours is 465 (.2048 x 2272). And the percentage of overall noncompliance is 2.98% (465 + 15589).

    Using the 23.21 percent figure (i.e.,including the delayed reports) would yield a 3.38 percent failure rate ((.2321 x 2272)+ 15589)."

    I agree with the above, get the veto pen out, "Every report issued to date is a pile of meaningless crap - in plain english and everyone involved knows it, yet all continue running to Federal Court to try & lay one over on the Judge".

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  7. All the members who read this report smell the BULLS%IT. Aah the judge will also if you how up at the next confrence and tell the truth about all the jurisdiction raiding going on by the GC's and the buisness reps that do nothing about it. When other trades do our work that takes money away from our members and our benefits for our union. The reps will never tell the truth because theyll be fired and theyre mostly blowj*bs too.

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  8. "With 15,589 active Projects ongoing under 165+- Individual Contracts, what were the total Number of Man-Hours worked for each individal Project and what percentage of said Benefit Trust Fund payments were paid timely (with the members pay-checks), what percentage is Outstanding past 15-days, 30-days, 60-days, 90-days & 180-days and why are said payments delayed, un-reported and going into collections?

    What are the total accounts receivables (A/R) due in sum Total for each 30-day increment and what are the Sub-Totals due/owing for 15, 30, 45, 60, 90 & 180-days?"
    _____________________

    The above two Questions are the cruxt of the matter - period.

    The simple facts past the lying in Federal Court is that the District Council, Contractor Associations and the Benefit Trust Fund Fiduciaries/Trustees are no where's near 90-95% Compliance in the payment of 'Wages and Benefits'!

    Every category above must be specifically defined with hard cold facts in dollars and cents, down to the last penny. Then & only then shall Judge Berman get the true picture as to the level of continued corruption and fraud being put upon him by the D.C. & Funds attorneys, all of whom should be sanctioned and fined for perjuring themselves in Federal court.

    The simple fact for each of the 165+- individual Contracts (CBA's) are, that when the man/woman does not get paid the Benefit's with their pay-check, the Contractor Associations are delinquent and the Benefit Trust Funds lose money (interest) on a daily basis due to the deceit and fraud upon the members and the so called Trust Funds.

    Irony huh, Trust Funds? What a joke.

    Exactly how much money is being carried & lost on a daily basis for the failure to comply, abide and enforce the contracts? Is this the Bank of the District Council? The members and their families are not a Bank, yet we give away short term loans daily to delinquent Contractor Association Signatory Contractors by acting as their private Bank w/o the benefit of receiving interest on our loan. Best Practice my ass. This is malfeasant operation of the D.C. & the Benefit Trust Funds.

    The inept United States Attorneys office and Dennis Walsh as well as the members need to be in Court screaming loud & clear for this information and demanding definitive results.

    The Inspector General & Chief Compliance Officer's (CCO) attendance at the next Court Conference should be mandatory due to their alleged oversight function, which they fail to perform every day. Given they prefer doing nothing or attacking members instead of doing something productive, perhaps their positionsshould be eliminated.

    Accountability & transparency vs. the fraud put upon the Court to date are the word of the day; and, to date no one has been held responsible for anything. It has been one big blame game because no one is ever held accountable for anything, rather, it's always, we're studying it your honor, we're reviewing it your honor, don't look over here, look there your honor, we're hiring sub-consultants & more vendors and more attorneys your honor because we're all to fat, lazy and stupid to perform these simple tasks on our own. Besides your honor, it's easy money and benefits for never having to produce. Can you blame us when you let us get away with it?

    VETO TIME, VETO TIME, VETO TIME.......HEAD's GOTTA ROLL, NO TIME TO ACT LIKE THE PRESENT.

    IN THE REAL WORLD, THE DREADED PROVATE SECTOR, WHEN YOU FAIL TO PRODUCE, YOUR GONE, DONE, BYE, BYE, SEE YA

    NO MORE EXCUSES!



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  9. The Inspector Generals Office ( IGO ) continues its efforts to publicize Operation Watch Dog to ll members, in order to maximize its efficacy.

    On Tuesday, December 3, 2013, the IG issued a press release on the heels of the previously mentioned message from the EST to shop stewards regarding electronic reporting which underscored the relationship between electronic reporting and Operation Watch Dog and reminded ll members of the availability of the online system to check reported crew members and reported hours on each job. The press release is attached here as Exhibit L.

    On Wednesday, December 4, and Thursday, December 5, the IG and other IGO staff distributed flyers and T-shirts advertising Operation Watch Dog to the Labor Technical School.

    On Thursday, December 12, IGO staff went to the Queens Business Representative Center and handed out the same flyers and T-shirts. They are slated to do the same at Local 926 in Brooklyn on Thursday, December 19.

    The IG also attended the December 11, 2013 Delegate Body meeting and distributed the flyers and T-shirts to the delegates and other members in attendance

    The Fall/Winter 2013 issue of The Carpenter featured a two-page spread publicizing Operation Watch Dog with a message from Inspector General Danielson, a full page detailing how to access the Operation Watch Dog portal and contact information for any member to confidentially report any violations.

    A copy of his feature is attached here as Exhibit M.
    ***************************************************************************

    T-shirts & Flyers, a press release and efficacy - wow! (Hey Jim, newsflash, there is nothing efficient about producing a pile of crap and trying to bullshit your way past a Federal Judge. You should have said the dog ate it, etc.)

    All that for a couple of hundred grand a year and yet plus a vehicle, gas card, cell phone etc. for ole Scotty D. Everything but a coloring book for Operation Watchdog Scotty, however, the so called Compliance Reporting produced to date is a pile of useless garbage and a complete waste of money. And, that includes your salary & that of your staff.

    Notice how EST McGinnis & in-house counsel James Murphy refused to put their John Hancock on this report. Well Scotty, like the elementary school level this report is centered on, tag - your it. ( Sorry kids, we know you could do a far better job. Translation...you're getting thrown under the bus & perhaps that is a good thing, for other reasons).

    The fact is, the D.C. & the Benefit Funds weekly collection of all monies due & payable for member benefits is +-50%, the remainder being outstanding, as opposed to the 95% claimed/feigned by McGinnis & Murphy in the last Court Conference.

    Both lied, Danielson is it & is being thrown under the bus and McGinnis & Murphy are in damage control mode. Time to get the resume's going boys.

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  10. John, I am sure that you are well aware of "distraction", "puffery" and "ad hominium" have long been tools of politicians, lawyers and those gagged by lawyers. This is a very poor attempt to bury their incompetence in reams of "jibber-jaber". Hollow rhetoric is supposed to make it look like they are doing and saying something when they aren't; meaningless half truths are so much worse than outright lies. I had hopes for Walsh-Berman being more than a self interested holy inquisitor pulling the wool over the eyes of jurist who is, perhaps, past his prime. But, I guess if you give away enough free t-shirts our rank and file will go along with anything. - Norman

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