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| Federal Watchdog Dennis Walsh |
Plaintiff-appellee the United States submits this opposition to the application by non-party appellants Patrick Nee and Levy Messinetti for a stay of the entry of a consent decree agreed to by the parties (and already entered by the district court), while their appeal of a previous matter is pending. The application should be denied. First, Nee and Messinetti seek to challenge an order of the district court from which they never appealed, and accordingly this Court lacks jurisdiction. Second, their challenge rests on a misconstruction of the district court’s order, and a misreading of a passing remark by the district judge, and is accordingly meritless.
The Javits Center will be accepting Journey person Applications on Friday December 5th from 3pm – 5pm and Saturday December 6th from 8am – 4pm. You must bring a valid State ID, Social Security Card for payroll purposes and an up to date Union Card. Applicants please enter the Javits Center through the employee entrance at West 34th Street and 12th Avenue.
We are objecting to the Monitor having the authority to 'approve' candidates
before they are permitted to run for elected office because this authority bars us from running for elected office without ever having been afforded the required process and alters the theory upon which the case was originally decided, (a decision which we are currently appealing).
Before one can stop any union member from running for elected
office in their union, other than for nonpayment of dues, that member has to have been provided with a fair hearing and the opportunity to defend themselves. The very minimum that can be afforded to any member is the process contained in their unions constitution.
THE COURT: I originally thought it was a good idea to meet the staff as it were. I didn't realize at the time how big the staff was. They are certainly welcome. What I thought I would do -- I have gotten your helpful agenda in terms of talking to people -- is use your agenda. So, for example,
Mr. Geiger, we'll start with you. I have a couple of questions. I have read everybody's affidavit. If there is some gist or point that each of you wishes to make, do that first. I am happy to hear it. Just that. So how about
Mr. Geiger, who is the executive secretary treasurer of the District Council.
Nice to meet you. I think we met before.
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| Glen G McCorty |
Several funds operated by concrete labor unions allege in two new lawsuits that construction companies have been creating “alter egos” to avoid paying tens of millions of dollars in union benefits.
In one suit, several funds claim that Navillus Tile and sibling owners Donald, Kevin and Helen O’Sullivan hid their interest in two other companies in an effort to get out of labor agreements the firm had previously signed. The O’Sullivans, the suit alleges, “fraudulently schemed” to use Times Square Construction and Advanced Construction Solutions to avoid paying more than $35 million that would have gone to pay for workers pensions, training, education and vacations.
The suit was filed Oct. 17 by funds and members of the Metal Lathers Local 46, Cement Workers, Cement Masons Local 780 and the Carpenters. The unions, which say they all had bargaining agreements with Navillus that mandated fund contributions, are members of the Concrete Industry Coalition.
Most of the 48-page complaint is spent establishing that Times Square and Advanced Construction are directly tied to Navillus and should therefor be subject to the bargaining agreements. It notes all three companies had sent letters to the city Department of Buildings using the exact same language, that that the companies had used trucks that belonged to Navillus and that all shared some of the same key employees.
The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. Contained in those reports are breakdowns of each union's spending, income, salaries and other financial information.
Listed below is the New York City District Council Of Carpenters, LM2 Report filed September 29, 2014.
Creative Construction has sued the NYC Council for 8 million alleging among other things racial discrimination and civil rights violations. The council has also been accused of bypassing the Out Of Work list and violating the new bylaws and thus the consent decree.
Creative Construction has accused the council of forcing substandard uncooperative, unskilled and non productive members who had been laid off by other contractors such as RCC Construction on the same job over to Creative instead of back to the Out Of Work List. The suit also alleges the council is by passing the Out of Work list and violating the consent decree by sending skilled members to non minority companies regardless of where they are on the list.
Council Reps Rambo and Betlewicz are accused of threats such as telling creative owner to “Lets go outside and settle this” and racists remarks such as. "You just hire your own kind” and “You minority’s take food out of my mouth.” There is also sexist remarks alleged by the Council against a Creative female project manger.
The Council is also accused of providing a non certified shop steward and harassing, threatening and intimidating any member not sent from the hall or placed on site by the council. The suit was filed on September 19, 2014.
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| Mike McMarron |
A Status Hearing for the District Council of Carpenters was held on September 30, 2014 at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, 17th Floor, New York, New York, 10007. Please see the below document for the transcript of the proceedings and court order.
Mike McCarron and Lisa Bloom File Secondary Case With Los Angeles County Superior Court
By Silence Dogood
In another blow to the Big Bad Doug McCarron has crushed Mike McCarron story the Bloom law firm has filed a second case against Doug McCarron and his cronies in Los Angeles Superior court. I should not use the word cronies but after reading this brief, especially the absurd and vulgar tale of one Dan McDonald or the Phil Newkirk DOL letters I am at a loss as how else to describe them. This filing also includes a request for a TRO and Injunction. This brief further describes and details the persecution tactics of the UBC and Doug McCarron against anybody who tells him no. An experience an ever growing number of members of the UBC have in common.
Despite the stories declaring Mike McCarron the same Douglas McCarron because they carry the same last name the FACTS show otherwise. Recently a rather foolish and erroneous statement was made that Mike McCarron was the number two man at the UBC and as such was equally involved and equally liable for the Douglas McCarron rape of the United Brotherhood of Carpenters democracy, the abuse of the rank and file membership and the persecution of all and any who tell the UBC no.
After considering all of the relevant evidence and the arguments advanced by Nee, Messinetti,and the RO,the Court concluded that RO Walsh's decision to remove Nee and Messinetti from their positions as delegates and officers of the Local 157 was not "arbitrary or capricious," did not exceed the authority granted to him under the 2010 Stipulation and Order, and was supported by substantial evidence.
We write in response to the Court's Order dated July 25, 2014, issued following the
Second Circuit's Summary Order dated July 23,2014 in this matter. The Circuit vacated the Court's decision of October 23, 2012 upholding the Review Officer's veto of Patrick Nee and Levy Messinetti as officers and delegates of Local 157 and remanded the matter for further proceedings.
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| General President Douglas J. McCarron |
We write in response to the Court's Order dated July 25, 2014, issued following the
Second Circuit's Summary Order dated July 23,2014 in this matter. The Circuit vacated the Court's decision of October 23, 2012 upholding the Review Officer's veto of Patrick Nee and Levy Messinetti as officers and delegates of Local 157 and remanded the matter for further proceedings.
We write specifically to address the issues identified by the Court in its July 25 Order, i.e., whether the issues raised by Messrs. Nee and Messinetti in their July 2012 applications"remain ripe for consideration"and whether the RO's June 26, 2012 Notice of Veto was within his authority under the June 2010 Stipulation and Order, with citation to "appropriate background, context, and authority which may help to resolve any 'ambiguity' perceived by the Second Circuit."
A group of New York City construction unions have forged a coalition with affordable housing activists to ratchet up pressure on Mayor Bill de Blasio to require organized labor in the building of 80,000 lower-cost apartment units over the next decade.
The unions say they will begin supporting a call for 50% of the new units to be set aside for lower- and middle-income residents, a key tenet of the housing advocates' agenda and a departure from past practice in the city.
Unions are also willing to make an unusual concession, accepting wages that are 40% lower than normal union pay on affordable-housing projects in certain neighborhoods in Queens, Brooklyn, the Bronx and upper Manhattan for a new class of workers with less experience than existing members, many of them drawn from local communities.
The coalition would bring together two powerful interest groups who have traditionally been at odds. Much affordable housing has traditionally been built without union labor because developers, advocates and policy makers say that higher wages means fewer units.
Dear Judge Berman:
I write as requested by the Court in its Order of June 6”‘ to comment on the proposed
Stipulation and Order and Independent Monitor.
I said in the conclusion to my Fifth Interim Report that the shared goal of all concerned
with the District Council “is an autonomous District Council, governed wisely by members who
flourish in a sound democratic system.” I cited Emerson’s guidance that “bolts and bars are not
the best of our institutions” and said “that which will serve the members best” will be the product
of their intellect and hard work, integrity and courage.” Fifth Interim Report at 42. The difficulty
in this regard is of course devising a method to determine when the leaders of the District
Council and its Benefit Funds are capable of meeting the responsibility to prudently conduct the
business of the Union and the Funds in a continually compliant manner. Though that time may
be near, I believe that some mechanism must be in place to insure that the investment of time,
money and intellect made by the parties, the Court and my office is protected.
This dispute arises out of the WCC’s claim that the International Agreement executed between it and the United Brotherhood of Carpenters (“UBC”) the parent of the WCC, supersedes the Collective Bargaining Agreement between the WCC and the DCC. The DCC seeks to set aside an arbitration award issued on July 22, 2014 in favor of the WCC.
NOTICE OF NOMINATION AND ELECTION
OF DISTRICT COUNCIL OFFICERS
Supervision and Conduct of Elections
Pursuant to Paragraph 5.k of the Stipulation and Order entered on June 3, 2010, in the
matter of United States v. District Council, et al., 90 Civ. 5722 (SDNY) (RMB) and the Court’s
Order of July 7, 2014, the elections referenced herein are being supervised by the Review
Officer.
The nomination and election of officers of the District Council of New York City and
Vicinity of the United Brotherhood of Carpenters and Joiners of America (the “District
Council”), specifically, the Executive Secretary-Treasurer, President, Vice President, Warden,
Conductor and three Trustees, will take place as follows:
This dispute arises out of the WCC’s claim that the International Agreement executed between it and the United Brotherhood of Carpenters (“UBC”) the parent of the WCC, supersedes the Collective Bargaining Agreement between the WCC and the DCC. It seeks a declaration to that effect. The DCC asserts that the local contract is not superseded by the International Agreement.
On May 23, 2012, a group of retirees, by and through their attorney, The Law Office of Harvey S. Mars LLC, filed a lawsuit against the New York City District Council of Carpenters Welfare Fund, which they allege among other things, that the retiree class will be required to pay substantial monthly and other co-payments for what were previously free benefits and their participation in the plan will be terminated unless such premiums are paid.
On July 17, 2014 without mention of the lawsuit, the Board of Trustees, the NYCDCC Welfare Fund
announce that a plan has been approved for the restoration of dental
coverage, as well as a fifty percent reduction in retiree premiums.
Below is a letter dated July 18, 2014, from the attorneys representing the Welfare Fund to Judge Paul Oetken stating that the parties have reached a settlement of this matter in its entirety.
On behalf of the Board of Trustees, the NYCDCC Welfare Fund is pleased to announce that a plan has been approved for the restoration of dental coverage, as well as a fifty percent reduction in retiree premiums. The reduction of retiree premiums will take effect September 1, 2014, while the restoration of dental coverage will be effective October 1, 2014.
While the Benefit Funds Office is currently working on the implementation of these changes, what we can now report is that the new dental coverage will be through Aetna Dental Maintenance Organization (DMO), effective October 1, 2014. The plan will have no deductible and no annual limits, and will provide one hundred percent coverage for “preventive” and “basic” dental procedures. “Major” dental procedures will be covered at eighty percent. As we work through the implementation process and get closer to the effective date, we will be sure to provide you a full update and explanation of the plan changes, as well as contact information for Aetna.
Additionally, effective September 1, 2014, retiree premiums will be reduced by fifty percent. The reduced payments for retirees will be reflected in retiree statements once the reduction is officially implemented.
Lastly, it is important to note that the Board of Trustees also approved the implementation of a “Reserve Trigger Point.” To avoid financial issues in the future, it was decided that if the assets of the Fund drop below a certain level, the benefits reinstated under this agreement will be rescinded and only restored when the assets rise back to another predetermined level. The agreement states that, if reserves drop below seven (7) months, the dental benefits and the fifty percent reduction in retiree premiums will be rescinded on the first day of the next month. However, if the reserve then rises back to nine (9) months, the benefits will be restored on the first day of the following month. The current reserve level of the NYCDCC Welfare Fund is approximately twelve (12) months. The Benefit Funds Office will report the Welfare Fund Reserve number on an annual basis, or more frequently if required, on the NYCDCCBF website and in the Benefits Toolbox newsletter.
If you have any questions about these benefit changes, please feel free to contact the Benefit Funds’ Member Services Department at (800) 529-FUND (3863) or (212) 366-7373.
In anticipation of the 2014 District Council Ofiicer Election, pursuant to his
responsibility for supervising and conducting elections under paragraph 5.}: of the June 3, 2010
Stipulation and Order, the Review Officer has made ministerial changes to the 2011 Final
Election Rules, changing dates to reflect the timing of election procedures in 2014 (rather than
in 2011) and eliminating the unnecessary position of Election Officer (which was held by a former
member of the Review Offic'cr’s staff. The Review Officer seeks the Court's approval of these
new Election Rules (“ERs") in advance of the commencement of the 20l4 election cycle on
August 4, 2014.
UBC brother William Kane of Local 2287 started a petition "NYC District Council of Carpenters Board of Trustee's: New York City District Council of Carpenters Board of Trustee's Restore Full benefits for All Active and Retired Members With NO DEDUCTIBLES!!!" and invites you to help get our benefits back by adding your name to the petition.
Our goal is to reach 25,000 signatures and we need your support. You can read more and sign the petition by clicking here.
Happy birthday to the United States of America! It's been 238 years since the founding fathers declared independence from Great Britain and formed a country of 13 colonies.
Polls are open 6 a.m. to 6 p.m. today for the Local 157 Officer Election, so don’t forget to vote.
The New York City District Council of Carpenters, a non-profit, unincorporated labor organization with its main offices in lower Manhattan, seeks a political action Compliance Counsel.
Retained Counsel will provide written and oral reports to the Executive Secretary-Treasurer, President, Political Director, and Executive Committee regarding the District Council’s, and its Political Action Committee’s compliance with Federal, New York State, and New York City legislative and election laws and regulations. These laws and regulations include, but are not limited to, all Federal Campaign Finance laws, the New York State Lobbying Act (Legislative Law §1-a), NYC Lobbying Law (Administrative Code, Sections 3-211-223 and Title 51 of the Rules of the City of New York Sections 1-01-08), and New York State Election Law Article 14. Accordingly, this position will oversee and assist with all necessary filings before the New York State Board of Elections, New York Joint Commission on Public Ethics, New York City Board of Elections, New York City Clerk’s Office, and any that may be required with the Federal Election Commission. Familiarity with these laws is required, including those rules and regulations dealing with campaign finance expenditures and receipts, including independent expenditures.
JD and admission to New York State Bar are required.
All proposals should be sent by June 20, 2014, to Daniel Walcott, Director of Political Action, New York City District Council of Carpenters, 395 Hudson Street, New York, New York 10014. Responses may also be emailed to dwalcott@nycdistrictcouncil.org, or faxed to 212.366.7497.
The Association of Wall Ceiling & Carpentry Industries of New York, Inc. values education from grade school to apprenticeship and beyond and is committed again this year to helping families of UBC Carpenters access the high-quality college education they deserve.
Accordingly, the Association is proud to sponsor the 2014 WC&C Scholarship Program and is offering twelve (12) $3,000 scholarships to students with at least one parent who is a NYCDCC Carpenter.
Scholarship is open to students at any level of their studies (not just entering freshmen) and scholarship award is paid directly to the student to use as they choose.
Deadline is June 30, 2014.
Application can be downloaded from the WC&C website at www.wcc-ny.com or can be obtained by calling the Association at (516) 478-5600.
The application can also be found on the NYCDCC Funds website, or you can click here to download Application.
Below is a Court order issued yesterday by Judge Berman in response to the letter sent to him on June 4th by the U.S. Attorney, the District Council and the Benefit Funds.
Given the significance of the proposed changes in governance and oversight of the
District Council (i.e.,a proposed new Independent Monitor and proposed amended Stipulation and Order), a public hearing with a full opportunity for everyone to be heard on all the issues is both necessary and desirable. That hearing will take place in September.
The September hearing will be held on September 10, 2014 at 11:30a.m. Written comments regarding the proposed Stipulation and Order and Independent Monitor should be served and filed any time on or before August 11, 2014. The Court would appreciate and expect written comments from,among others, Mr.Walsh.
Review Officer Dennis Walsh has issued his Eight Interim Report, (with exhibits) the report contains numerous items of interest and is a must read for all members.
This is my Eighth Interim Report as Review Officer in this matter. It endeavors to inform the Court and the parties of the scope and substance of my activities for the past six months and to convey my impressions of certain aspects of the undertaking.
As of this writing, the Court has been asked by the District Council, Benefit Funds and the government to approve a new stipulation and order designed to give the District Council and the Benefit Funds increased control over their affairs while being subject to the authority of a new official, referred to as the “Independent Monitor,” with less authority than the Review Officer (as set forth in the Stipulation and Order entered in this matter on June 3, 2010). The document was negotiated and drafted by the parties after I informed them that I would not serve as Review Officer after the conclusion of this year.
On Tuesday, May 27, the District Council together with the Government and the District Council Benefits Funds submitted a joint application to Judge Berman of US District Court for the Southern District of New York seeking entry of a new Stipulation and Order to replace the one entered by the Court in 2010. The new Stipulation and Order would provide for the appointment of an Independent Monitor to succeed the District Council’s current Review Officer, Dennis Walsh.
The next day, Judge Berman entered an Interim Order allowing the current Stipulation and Order Regarding Appointment of a Review Officer, which is scheduled to expire on June 3, 2014, to continue until the Court is able to reach on a decision on the joint application to appoint a new Independent Monitor. In his Interim Order, Judge Berman noted that “We’ll get to it as soon as feasible.” A copy of Judge Berman’s interim order is available here: [link docket # 1521]. A copy of the proposed Stipulation Regarding Appointment of an Independent Monitor is available here: [link docket #1512-1].
Also on Tuesday, May 27, District Council members that had been vetoed by Mr. Walsh as local union officers wrote to Judge Berman explaining that they were appealing Judge’s Berman’s earlier decision upholding those vetoes to the Second Circuit Court of Appeals. The members’ believed that the proposed Stipulation and Order Regarding Appointment of an Independent Monitor may have an adverse impact on matters in their appeal. Judge Berman entered the letter on the Court’s docket and noted that: “The Court anticipates conducting a hearing (public) so that interested parties can be heard -- well before any modifications to the Stipulation & Order. The hearing is likely to be held after Labor Day but has not yet been scheduled. (Signed by Judge Richard M. Berman on 5/29/2014)” A copy of the letter is available here: [link docket # 1530]. Judge Berman’s original 2012 decision on the members’ vetoes is available here: [link docket # 1197].
This report covers the period from March 1, 2014 to March 31, 2014 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”), the Cement League, Inc. (“CLI”), and the Association of Concrete Contractors of New York, Inc. (“ACCNY”).
The New York City District Council of Carpenters is seeking to hire Dockbuilders and Timbermen from Local 1556 to be Council Representatives. The selected candidates will have had direct and substantial experience in the jurisdiction and work of the Dockbuilders and/or Timbermen and be knowledgeable about 1556’s main Dockbuilding and Timbermen CBAs.
To be considered, candidates must be Dockbuilders or Timbermen and members in good standing of 1556 and be a member since at least March 21, 2004. Successful candidates will have strong working knowledge of the trade, including the Collective Bargaining Agreement, job site safety, and the grievance filing process.
Council Representatives who work in the Business Center are responsible for:
Having reviewed the record herein, including, without limitation, (i) the May 26, 2009 Court Order determining that "[t]he percentage of the total carpenter workforce on a job site selected by a contractor shall not exceed 67%" with "[t]he remaining 33% of the total carpenter workforce on a jobsite ... assigned by the District Council from the Out of Work List," (Final Order and Judgment of Contempt and Remedy, filed May 27, 2009 ("2009 Order"), at 3(b)(iv), (v)); (ii) the Court's May 8, 2013 Decision and Order stating that "it is ordered that the Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance procedures specified in the
[collective bargaining agreement ("CBA")] between the District Council and the [Wall-Ceiling and Carpentry Industries of New York, Inc. ("WC&C")] approved on April25, 2013"; (iii) the District Council's February 14, 2014letter which: enclosed a copy of a new CBA between the District Council and the New York Trade Show Contractors Association (the "NYTSCA CBAs" or "Agreements"); noted that "[a]s with the other collective bargaining agreements submitted to Your Honor for review and approval, this CBA provides for full mobility, electronic reporting of jobs and hours, and the anti-corruption compliance features of those earlier agreements;" stated
that the NYTSCA CBA "was ratified by the District Council's Delegate Body at its regularly scheduled meeting on February 12, 2014 by a roll call vote of 85 yes and 1 no;" and requested that the Court issue an order "similar to those earlier Orders with respect to collective bargaining agreements providing for full mobility, electronic reporting of jobs and hours, [and] anti-corruption compliance features."
Many of you may have noticed ongoing demonstrations on Roosevelt Island and might have wondered about the reasons behind them. Here’s some context: six of Riverwalk’s nine buildings have already been built with few if any affordable housing units available to the general public. Three Riverwalk buildings are remaining to be built which should include the affordable housing mandate of at least 40% required by the Roosevelt Island General Development Plan. After all these years, construction has finally begun on Riverwalk 7, the first of these with the potential for affordable housing. However, protesters are raising concerns that this construction is being completed by workers who are not being paid a living wage, health benefits, disability benefits, or retirement benefits and who may not have the apprenticeship training and years of on the job experience that they need for construction to be safer for both themselves and the residents of Roosevelt Island.
THE COURT: It seems like there are several topics on
the agenda. I had said we have some, and is this overall theme
here somehow which is puzzling to me, which I guess the way to
describe it would be that the parties -- or some are seeking a
substantial modification of the RO's role in this proceeding.
That's one that's -- I don't know if it's surprising is the
term, but I'm not quite understanding the dynamic in particular
between I think the district council and the RO. So, at the
appropriate time if you want to explore that I'd be happy to
hear a little bit more about that. That colors and impacts
several of the items on the agenda.
Response to the Court’s order dated March 4, 2014, to express support for the Review Officer’s proposal to (1) waive enforcement of all prior notice requirements placed upon the District Council and local unions by the Stipulation and Order of June 3, 2010, as set forth in paragraphs 5.b and 5.c of the Stipulation and Order, and (2) to eliminate the veto authority given to the Review Officer by paragraph 5.b.iii of the Stipulation and Order, in favor of enforcement proceedings instituted by the Review Officer in this Court.
I write in regards to the Review Officer’s March 3 2014 letter to the court. On
pg.3 ¶1 of his submission the Review Officer states that in the absence of an agreement from the District Council to extend his term prior to the March 10th Court Conference he will move the Court to extend his tenure at that Conference. Since nothing has ever been presented to the Delegate Body in regards to granting the Review Officer another extension to his tenure, and with no scheduled Delegate Body meeting until March 13th , there is no possibility of any agreement being in place prior to the March 10th Court Conference, which means that what the Review Officer is attempting to do is to bypass the District Councils governing body in his petition to the Court.
I believe that this attempt to invoke the Courts authority without ever making any attempt to bring the matter in front of the Delegate Body is improper and contrary to the Stipulations stated intent of creating a democratic self-governing District Council. I find it difficult to reconcile any attempt to bypass the District Councils governing body with being a purported step towards self-governance.
As part of an initiative to afford the District Council (including its eight affiliated local unions) the opportunity to demonstrate that it can sustain the reform measures that have been implemented and that it can conduct its affairs without prior approvals and the threat of veto, the Review Officer ("RO") seeks the Court's consent (l) to waive enforcement of all prior notice requirements placed upon the District Council and local unions by the Stipulation and Order, as set forth in paragraphs 5.b and 5.c, and (2) to eliminate the veto authority given to the RO by paragraph 5.b.iii of the Stipulation and Order, in favor of the ability of the RO to initiate civil contempt or other enforcement proceedings in this Court.
The proposed changes would build upon the waiver of the prior notice requirement for local union expenditures under paragraph 5.b.i.(l) of the Stipulation and Order, which the Court previously approved. The changes are sought as the first step in developing a means to test the ability of the District Council to conduct its affairs on a permanent basis in a lawful manner and would include the extension of the RO's tenure through 2014. The gradual reduction of oversight by the RO will facilitate an objective assessment of the sustainability of a compliant District Council. The RO requests that this important proposition be placed on the agenda for the conference scheduled to be held on March
10,2014.
Message from the District Council: Brothers and Sisters,
Please be informed, starting with your (4th) Fourth Quarter 2013 vacation check, the New York City District Council working dues and assessment invoice will no longer be included with the mailing of your vacation check. Due to the new upgraded Benefit Funds System and the use of separate vendors, the New York City District Council will no longer have the ability to combine the working dues invoice with your vacation check. Please be aware that you will receive a separate working dues assessment invoice directly from the New York City District Council, and it is your responsibility to remit payment prior to the due date.
If you have not yet completed a working dues/assessment Deduction Authorization Form, or if you have any questions, please contact the New York City District Council Assessment Department at (212) 366-7375.
Local157blogspot has learned that... Review Officer (RO) Dennis Walsh has informed the District Council that he will ask the U.S. Attorney's office on Monday to agree to a plan to modify the Stipulation and Order by removing all provisions requiring that he be given prior notice of all District Council and local union expenditures, appointments, contracts, rules and procedures and other matters.
The RO believes that the District Council and local unions should be given the opportunity - based on their consistently compliant practices - to demonstrate that their compliance is sustainable. He recently recommended and the District Court approved a plan to remove the requirement of the Stipulation and Order that local unions give him prior notice of all expenditures.
The RO has also informed the District Council that the veto authority of the RO might be dissolved in favor of the RO bringing motions in the District Court for contempt should the Consent Decree or Stipulation and Order be violated by the District Council, local union, or any member of a local union.
RO Walsh has stated that his office must become less visible to allow the District Council and local unions the opportunity to demonstrate their good faith and the sustainability of the reform measures implemented over the last three years.
As part of the plan, the Review Officer would not have to exercise his right to file a motion with the District Court to extend his tenure - with no alteration of the Stipulation and Order - by six months, and would continue to serve with a modified Stipulation and Order through at least 2014.
Having reviewed the record herein, including, without limitation, (i) the May 26, 2009
Court Order determining that "[t]he percentage of the total carpenter workforce on a job site selected by a contractor shall not exceed 67%" with "[t]he remaining 33% of the total carpenter workforce on a jobsite ... assigned by the District Council from the Out of Work List," (Final Order and Judgment of Contempt and Remedy, filed May 27,2009 ("2009 Order"), at 3(b)(iv), (v»; (ii) the Court's May 8,2013 Decision and Order stating that "it is ordered that the Court's May 26,2009 Order (Haight, 1) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance procedures specified in the
[collective bargaining agreement ("CBA")] between the District Council and the [Wall-Ceiling and Carpentry Industries of New York, Inc. ("WC&C")] approved on April 25, 2013"; (iii) the District Council's December 12,2013 letter which: enclosed copies of two new CBAs between the District Council and the Association of Concrete Contractors of New York, Inc. ("ACCNY") (the "ACCNY CBAs" or "Agreements"); noted that "[w]hile certain terms and conditions of the ACCNY CBAs submitted here differ slightly from those in the GCA CBA and The Cement League CBA, all provide for full mobility, electronic reporting of jobs and hours...
New York State Carpenters (incorporated as the "Labor Management
Corporation") is seeking an Executive Director with proven
management and leadership skills to help further the mutual goals
of the New York City District Council of Carpenters and the City's
unionized contractors, construction managers and developers.
With over 12,000 active members, the New York State Carpenters
workforce includes skilled carpenters, millwrights, dockbuilders,
timbermen, cabinetmakers and floor coverers. New York State
Carpenters formed the Labor Management Corporation under their
several collective bargaining agreements and it is governed by a
Board of Directors consisting of an equal number of union and
management representatives.
THE COURT: So first off, congratulations to the new
EST. Is he here?
MR. GEIGER: Yes, your Honor.
THE COURT: Congratulations.
MR. GEIGER: Thank you.
THE COURT: And how was the vote? What was the
process? Did you win by.
MR. GEIGER: It was slightly more than a two-to-one
margin. The vote was held Friday, and the votes were tallied
on Friday.
THE COURT: Nice to have you here.
MR. GEIGER: Thank you.
THE COURT: So I received a letter from Judge Jones
yesterday evening or so, and it's very helpful. What I would
like to do today is deal with these -- the following issues in
the following order.
First, in Judge Jones' letter she raises at the end of
the letter this issue about international agreements, and
frankly, I would like to hear about that first. I'm curious as
to know what that's about and where that's leading us. So
perhaps on that issue I might hear from Mr. Walsh and also then
the district council and anybody else that wants to add
anything to that. So that would be the first thing I would
like to hear about.
The second I would like to talk about the two pending
CBAs. I'm aware that they had -- you are too, that they had
been earlier submitted but never acted upon by me, and that is
because of my concern that they contain provisions that -- this
may be too strong, but on their face are not being complied
with. That's the whole point of the other discussion that
we're having here is that the so-called anti-fraud provisions
in all the CBAs do not appear to be -- well, that may be too
strong, but you understand my point about that. It's kind of
odd to go forward and approve an agreement, which I probably
would not have done incidentally historically had I known at
the time that the provisions that are mandatory in the
agreements, they use the word "shall," were not or could not or
were not adequately being complied with. That would be the
second issue.
Then I would like to talk about the proposed new
amendment of the stipulation and order, what that's about, why
people feel that's important and necessary, then to talk about
the status of electronic reporting. I did note that one of the
consultant, I don't know if that's what it's called, that
District Council retained, one of its early recommendations was
that there be in-house IT capability. That's something that I
have been thinking about and talking about for several months
now, and frankly I have been surprised that that issue hadn't
been taken care of a long time ago.But anyway, I'm all for that. And then we can talk more about electronic reporting,
where that stands.
And then there's an issue about Mr. Walsh. Is he here
today?
Not the RO Walsh, but -- well, maybe that issue will
not be pursued, but we'll see.
So yeah, with that in mind, then of course we can hear
about if anybody has any other issues that they want to
discuss.
So let's hear about this, Mr. Walsh, if we might, this
international agreements issue. It's somewhat of a concern to
me because it suggests, at least from Judge Jones' letter
that -- maybe this is too strong, but somebody is trying to
evade the terms and conditions of the collective bargaining
agreement, at least in spirit, and that is a problem, in my
opinion.
The NYCDCC Benefit Funds’ Labor and Management Trustees have agreed to establish a committee that will explore the possibility of restoring some of the 2012 reductions in Welfare Fund Benefits.
“With the Welfare Fund running a surplus and an increase in our reserves, we’re in a good position to begin talking about returning vital benefits,” said Stephen McInnis, President and Executive Secretary-Treasurer Pro Tem.
McInnis added that dental, vision and lowering retirement premiums are all on the table for discussion.
A number of reasons make it the right time to begin the discussion, according to the Council. They include the settlement of master contracts; the allocations from the new contracts to the Welfare Fund; an increase in work hours coupled with the reduction of hours being reciprocated out of the Fund to out-of-towners; and the settlement of MWA litigation.
“We’d like to restore everything, but we need to do this in a fiscally responsible way to ensure the Welfare Fund stays healthy and will be there for our members and their families for decades to come. With that being said, a partial restoration is possible,” McInnis said.
The committee of trustees will work in conjunction with the Funds’ actuary, Segal Co., to ensure this is done in a sustainable manner.
Source: NYCDC
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| Joe Geiger |
New York, NY- After months of heated negotiations and a strike, the New York City District Council of Carpenters’ Delegate Body on Thursday, January 16, 2014 ratified by roll call vote a new 10-year collective bargaining agreement with the Manufacturing Woodworkers Association of Greater New York (MWA), the multi-employer association that represents a dozen employers that operate shops that manufacture and install custom furniture and interior millwork.
“This has been a long, hard fight,” said Stephen McInnis, President and Executive Secretary-Treasurer Pro Tem. “But it was well worth it, given that this contract finally gives these members security and peace of mind.”
The approximately 350 members, who work for MWA employers, have been without benefits and healthcare since July 2013. The new contract retroactively returns their benefits and healthcare, plus settles existing financial obligations.
This 10-year agreement comes on the heels of stalled negotiations and a 3-week-long strike in July against the MWA. As part of this contract, the delegates also approved a settlement between the District Council, the Benefit Funds, the MWA, and the twelve MWA member-employers that resolves all outstanding benefits’ funds employer contribution delinquencies, three pending federal lawsuits, and contested arbitration awards.
By entering into these agreements the District Council aims to make its members whole for all the delinquent benefits earned during this period. Members who qualify under the plan rules will also be given retroactive medical coverage back from July 1, 2013 and going forward.
With more than 20,000 members in eight locals, the New York City and Vicinity District Council of Carpenters is one of the largest, most powerful trade unions in the construction industry.
New York, NY--The New York City District Council of Carpenters’ Delegate Body on Thursday, January 16, 2014 ratified a historic new agreement with Brookfield Properties--one of the country’s largest commercial real estate developers--that guarantees union carpenters jobs throughout New York City for the next 20 years.
“With this new agreement, the District Council is looking far into the future for our members,” said Stephen McInnis, President and Executive Secretary-Treasurer Pro Tem.
Brookfield controls 7% of all commercial office space in New York City and has plans to expand. This deal is being hailed as the first time an owner has agreed to unionize their entire portfolio anywhere in the country.
By roll call vote, the delegate body approved the Brookfield Portfolio/Project Labor Agreement, which guarantees only unionized carpenters, will work in all Brookfield properties and developments though 2034. Brookfield Properties is a commercial real estate corporation that owns, develops, and operates premier assets in the downtown cores of high-growth North American cities. The agreement covers all new construction and all interior retrofitting and tenant related work.
With a current NYC portfolio of 25-million square feet of Class A commercial real estate office space, this agreement is estimated to bring in approximately 18 million work hours to the New York City District Council of Carpenters. These numbers are also expected to increase as Brookfield acquires and develops new buildings throughout New York City--all of which is now guaranteed to be built 100% union.
“It not only guarantees our members work through the good or the bad times, this unprecedented agreement also secures hard working New Yorkers’ healthcare and pensions,” McInnis added.
With more than 20,000 members in eight locals, the New York City and Vicinity District Council of Carpenters is one of the largest, most powerful trade unions in the construction industry.
Fund trustees had sued Susan Reidy and her company over non-payment of sums
The US trustees had sued Susan Reidy and Perimeter Interiors , a New York company of which she was the P president and sole shareholder, in New York over non-payment of sums
The High Court has ruled the trustees of several New York benefit and pension funds are entitled to judgment for US$2.5m against an Irish woman who returned to Ireland in 2006 after many years living in the US.
Mr Justice Sean Ryan found the trustees of the New York District Council of Carpenters Pensions, and six other related funds, are entitled to have enforced in Ireland a judgment entered against Susan Reidy by a New York Court in August 2009.
The trustees had sued Ms Reidy and Perimeter Interiors , a New York company of which she was the president and sole shareholder, in New York over non-payment of sums due and owing by the firm to the pension and benefit funds. Ms Reidy had returned to Ireland in 2006 after some 20 years living in the US.
In opposing the application aimed at enforcing the judgment here, Ms Reidy, Kilbricken View, Doora, Ennis, Co Clare, claimed she had a bona fide defence to the claim on grounds including her claim she was not aware of the judgment against her until 2012.
In court documents, the trustees said Ms Reidy was the president, chief executive and sole shareholder of Perimeter and performed all payroll functions of Perimeter. Between 2002 and 2005, Perimeter maintained a secret bank account to avoid paying fringe benefit union contributions, to avoid taxes and to skim money, the trustees claimed.
Perimeter also made payments to a non-union company, Speedy Enterprises Inc, which shared the same business address as Perimeter, the trustees said. This was done to conceal financial activity of the unionised company through the non union company, they alleged.
Ms Reidy’s husband Gerard Mulligan was the president of Speedy and both companies had more than 20 employees in common, it was claimed.
The US Judge hearing the case found Ms Reidy had intentionally and knowingly caused Perimeter to submit false reports and information concerning the number of hours employees had worked to the unions’ benefit fund.
Ms Reidy said she was “not told” about the judgment until May 2012 and it was “a massive shock” when she learned there was a judgment of $US 2.5m against her.
In his ruling, Mr Justice Ryan found Ms Reidy had failed to advance any defence to the claim for enforcement here. She had not raised any issue of fact or law requiring determination at a full hearing, he said.
Source: The Irish Times
AGREEMENT made on this 11th day of January 2014 by and between the Manufacturing Woodworkers Association of Greater New York, Inc. ("MWA") and the New York City District Council of Carpenters (the "District Council");
WHEREAS, the parties have negotiated in good faith regarding the terms and conditions of a successor collective bargaining agreement, inasmuch as the predecessor collective bargaining agreement expired on June 30, 2013; and
WHEREAS, the parties agree that all of the terms and conditions of the predecessor agreement shall continue in full force and effect for a ten year period except as specifically modified below;
NOW,
THEREFORE, the MWA and the District Council agree that all terms and conditions of the MWA & District Council Collective Bargaining Agreement ("CBA''), with the exceptions of what are included in this Memorandum of Agreement ("MOA"), shall continue except as modified below.
The District Council submits this Seventh Thirty-Day Report pursuant to (1) the Decision & Order entered on May 8, 2013 (Doc. 1315), (2) the Order entered on June 11, 2013 (Doc. 1332), (3) the Order entered on July 16, 2013 (Doc. 1358), (4) the Order entered on September 3, 2013 (Doc. 1386), (5) the Order entered on September 12, 2013 (Doc. 1394), and (6) the Order entered on October 23, 2013 (Doc. 1426), in United States v. District Council, 90 Civ. 5722 (RMB).
This report covers the period from December 1, 2013 to December 31, 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”).
(John's note: The boxes at the end of Exhibits A and B show the bottom line on steward compliance. Also can someone try dissecting this report and post what it means, maybe I am stupid but I don't understand what this report is trying to say).
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| SAY NO TO JOE! |
Question: Joe Geiger's campaign literature states "Leadership That Transforms", now where did we hear that phrase before?
Answer: From GP Douglas McCarron "Transformational Leadership"!
WE DON'T NEED ANOTHER SOCK PUPPET, SAY NO TO JOE!
Vote for the person who fights for the membership. VOTE GREG KELTY!
Last night Greg Kelty eviscerated a unknowing and bewildered Joe Geiger. Throughout the debate, Geiger looked shaken, ill prepared, never getting out of his chair or looking at the camera, reciting old talking points and platitudes and showing a lack of knowledge and vision as Kelty gave a master class at the NYC District Council.
John's note: The election will proceed on schedule. The ballots were mailed yesterday. The debate is tomorrow at 5 p.m. on the 10th floor at 395 Hudson Street. It will be videotaped and uploaded to the DC web site. The candidate literature for the mailing paid for by the DC has been received from Messrs. Kelty and Geiger and will be duplicated and mailed as quickly as possible. I expect that to be by Thursday afternoon or Friday at the latest.
(John's note: The RO indicated that he did not oppose a mailing paid for by the DC. Judge Berman said the same thing and asked the RO to arrange it. Though no order was issued, there will be a mailing, probably sent out by Thursday or Friday).
THE COURT: So on my agenda I have a couple of
election-related issues that people wanted to be heard on,
Mr. Tagliaferro, Mr. Nee, Mr. Kelty, and then of course I would
hear from the review officer and also from the government on
these issues.
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| Geiger a fake phony fraud |
(John's note: The following was posted in the forum).
His campaign "HONESTY FOR A CHANGE"
