Thursday, January 30, 2014

Benefit Fund Trustees Establish Welfare Benefit-Restoration Committee

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


  1. Never Fails - now that the Election is over the DC must come up with another diversionary tactic to distract the rank and file from the fact that the 100% Full Mobility quid-pro-quo exchange for the Electronic Compliance portion of the multiple contracts executed to date are being adhered to by the Contractor Association's and their signatory employers.

    Given the failed compliance, joint enforcement by the United States Attorney and the Review Officer is warranted upon formal application to the Court.

    To date the D.C. has submitted 7-phony reports with zero financial data proving in real time (as proffered to the Court in multiple conferences on the record/transcript) that all benefits are paid timely with the member pay-check every week.

    The D.C. & Benefit Trust Funds have not provided a factual record of the total man-hours worked under each contract, the total dollar per man-hour due under each contract, the total amount paid timely nor the totals outstanding at any interval (15, 30, 45, 60, 90 & 180-days; nor have they provided any factual data as to how many contractors are in near or total default of their obligations nor how many they have cut deals with for .10, .25, 50 cents on the dollar or any similar settlement amount due/owing w/ interest and attorney fees.

    The simple fact is, the reporting to date has been a complete farce and it should be a source of embarassment for the USAO given the snow-job being put over on the Court notwithstanding the fact that the Council the Funds and the Contractor Associations are all in direct violation of the Consent Decree and Court order approving 100% Full Mobility.

    If there are never any penalties issued for the continued failure to comply, such as sanctions, fines and/or contempt charges being issued by Judge Berman why would the D.C or the Benefit Trust Funds or the Contractor Association attorneys and lobbyists ever take the Court, the RO or the USAO seriously?

    And as Leno would say - "And I'm way out of line". Hardly, more like spot on.

    Neither the D.C. under former EST Bilello or current EST pro-tem McGinnis and the Contractor Associations or Benefit Trust Funds have provided one scintilla of forensic accounting evidence that their claim of 95% compliance is factual or truthful.

    At this stage of the continued non-compliance, it would appear that an independent forensic audit of every contract executed to date is in order.

  2. Currently, the Benefit Funds are in violation of the June 3, 2010 Stipulation and Order, par. 4(b) and 5(b) i & ii for good faith execution and implementation of any/all contracts (CBA's) executing 100% Full Mobility in exchange for full reporting and accounting in real time of all Benefit Trust Fund contributions required to be paid; for failing to have a credible plan, for failure to implement or execute a credible plan and for the bad faith presentations/reports (seven to date) proffered and submitted to the Court.

    Portions of the record testimony and transcripts indicate gross ineptitude and negligence and border on perjury, thus warranting veto's of the current & proposed actions and/or plans and of certain personnel responsible for accurate and timely compliance reporting.

    There has been zero transparency or accountability which amounts to malfeasant operation of the funds and administration of the contracts, all of which is secured by the failure of either the D.C. or the Funds to submit any credible financial data and/or independent audit to the government, the Review Officer or the Court indicating its past practices of fraud and racketeering have not or will not continue recurring.

    The lack of transparency and direct accountability of any D.C. or Benefit Trust Fund principal, agent, officer and/or fiduciary or trustee warrant contempt charges in addition to any other penalties imposed, notwithstanding the continued failure of the aforementioned parties to willfully ignore a half dozen previous court order thus making a mockery of the court and its inherent authority to enforce the Stipulation and Order or the Consent Decree.

  3. i think a simple, ITS about fuckin time!!! will sufice

  4. The R.O. stated: re: 7th Interim Report at pg. 20-21

    "The starkest transgression against common sense was the rejection of my recommendations regarding information technology and business practices, the hiring of counsel to "deal" with me, and the subsequent vote to pursue everything I recommended in regard to information technology in the first place".

    And of course, the entire premise behind I.T. failures is that the D.C & the Benefit Trust Funds and Contractor Associations cannot demonstrably prove any factual financial data to the USAO, the R.O. or the Court that the racketeering has been abated and that the Benefit Trust Funds are not being defrauded of millions of dollars of unpaid benefits, interest & attorney fees as noted above via the grant of 100% Full Mobility.

    The contempt for the government, the Court and the Review Officer is clear and plain for all to see and the R.O.'s comments appear to reflect that fact via the commentary above as quoted directly from the 7th Interim Report to the Court.

  5. Hey. It's Elections. Again.
    Here at the DC we will do anything to get Elected.
    Same old political BS.
    Proof is in the pudding boys.

  6. How many more months of "negative inducement" shall be required before the D.C. utilizes the power in that metal box next to their desks (the computer) to crunch the weekly Man-Hours worked under each contract, the total Benefits due (A/R), the total benefits paid and the total delinquent and outstanding?

    Fact - the left doesn't know what the right is doing (D.C.-Benefit Trust Funds).

    How many near $5 Billion dollar public or private corporations don't have this type information (A/R & A/P) available to them on a daily basis by utilizing the power of the metal box for things other than facebook postings or shopping online etc.?

    1. & like magic what will be delivered to Berman, I'm guessing probably right in the next few week as a result of the late January conference, or perhaps by Feb, like magic a spreadsheet notating all aspects of work & man hrs. will appear, put together by the now saviours McInis & Co. & everybody looks good.

      What about Jones dealing with Walsh, RO > " I welcome Ms. Jones " . FUGGETABOUDIT!
      Hell they've already got the framework in the already presented documents which has been passed onto berman. ie: Danielsons watchdog, a more stern letter telling stewards its their responsibility to electronically submit, yada yada.

      Now all they've got to come up with is a doctored man hr. actual vs pending minus payment plans etc, etc, and corresponding open & closed sites , & so on, PRESTO, the heat is off.

      IT - OD&B - MJF - RO - UBCJA - NYCDCC - IG - SDNY - LTC - 10 ten year deals - Members Voice Approves Mobility - A non compliant 157 delegate body conducting business - O'paid Officers, reps & admin staff. Corporatization of this trade union - Robo Calls that mean dick, - Wasted cash @ 395,v - I can't go on its killing me!!!!!


  7. Good - put that in a letter to the Court dummy.

    But in order to try to give your

    22 E1STUNIC

    1 Honor as close to an accurate percentage of compliance as
    2 possible -- and for that reason we had to use our person power
    3 as opposed to our system, because our system simply cannot tell
    4 us what is happening on any given day. We have used it, and we
    5 stand by our numbers, and we think going forward we can achieve
    6 the same compliance with the contracts before your Honor now.

    "because our system cannot tell us what is happening on any given day"

    So the failed Electronic Compliance program foisted upon the DC by the USAO & RO has now proven to be a $2M dollar failure ($1.4M up front, $22k a month in maintenance costs, plus the cost of 2k Tablets) which is climbing daily and Judge Jones wants to purchase 250-350 more of them?

    Now they're in Court pushing for member's to enter the same data via their I-Phones. Brilliant Plan for a favored, no bid contract to the idiots at Standard Data.

    You should have called Verizon, AT & T, Apple, Oracle, IBM and got a firm with the mental capacity to write the appropriate proprietary software to tie all the financial data together in real time as was promised to the Court. None of that has occurred and the SDC fiasco should be summarily aborted so the DC can cut its losses.

    Segal is another waste of time. This is not their cup of tea. Time to stop clowning around, time to call the big boys - you know, the ones who know how to get things done in the real world where one must produce tangible results or be fired; a world which the misfits at the D.C.could not compete in if their lives depended on it.

    All everyone is doing now is trying to cover their lying asses & Judge Bermans ok with that? His court room has become a mockery and an embarassment to the Judiciary.

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