Thursday, January 2, 2014

EST Candidate Debate Forum

EST Candidates  Gregory Kelty (Local 157) and Joseph Geiger (Local 1556) will debate on Wednesday, January 8th starting at 5 p.m. and will be held on the tenth floor at 395 Hudson Street.

Review Officer (RO) Dennis Walsh has set the debate format as follows:

The RO will serve as the moderator. The debate will be video recorded by the IG's office and posted on the DC web site.

We will begin with opening statements from both Gregory Kelty and Joseph Geiger of up to five minutes. Each of you may respond to and rebut the opening statement of the other. You will have two minutes each for such rebuttal.

We will then proceed with questions from the RO that you each must answer. You will have two minutes for each answer and one minute for rebuttal.

The next segment will feature questions that you pose to each other. Timing will remain at two minutes for an answer and one minute for rebuttal.

We will then have member questions. Forms will be available for members to write down their names, UBC numbers and one question addressed to both candidates. No questions posed to just one candidate will be allowed. Members who complete such forms will place them in a box and they will be drawn at random.

Timing for the member questions will be limited to one minute answers and one minute rebuttals.

Finally, you will each be given up to five minutes to make a closing statement.



  2. 100% Full Mobility for Electronic Compliance Reporting:

    "With 15,589 active Projects ongoing under 165+- Individual Contracts, which include 130+ PLA's (defined individual contract that negates your CBA & rights)

    * What were the total Number of Man-Hours worked for each individual Project and;

    * What percentage of said Benefit Trust Fund payments were paid timely with the members pay-checks per contractual requirements?

    * 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 to the D.C.?

    * What are the Sub-Totals due/owing for 15, 30, 45, 60, 90 & 180-days?

    * Of the outstanding and delinquent Benefit Trust Fund payments, what is the sum total of Interest due to the D.C. per Contract, per week, per month and per annum?

    * Why have the D.C.'s fearless leaders (McGinnis & Cavanuagh) failed to address the above and allowed the Contractor Association signatory employers to violate the contract(s)?

    * Why has in-house counsel Murphy & the Benefit Trust Fund attorneys failed to enforce the contracts and to allow the continual/repeated violations?

    The simple facts past the lying by Murphy, the Benefit Trust Fund, the Contractor Associations & their legal counsel 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'! They hover at 50% or less.

    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 Richard M. 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.


  3. Given both former EST Bilello and V.P. Cavanaugh signed off (executed) the contract which violated Section 21 of the bylaws and the ilegal transfer of rank & file member pay raises were criminally transferred to the Welfare Fund and was the primary cause of Bilello's termination;

    * Why is D.C. Vice President Michael Cavanaugh still employed by the D.C.?

    * What action will you take to remove him from office and terminate his employment as allowed per District Council Bylaws?

    * When will you do this?

    Both Bilello & Cavanaugh were guilty of the same crime. Both violated the Consent Decree and being equally culpable and given thte totals which were to be skimmed over the remaining 4.33 years of the contracts, predicated upon 18-millioin M/H per year, the extortion scam would have drained approx. $165 - $200 Million dollars from member pay-checks.

    Both had their hands in the cookie jar, both were caught red handed, albeit, not by the IG or CCO, not by the USAO, rather, by the rank & file who forced the RO to take action.

    Incompetence warrants removal, whereas, outright blatant & open fraud and corruption warrant criminal charges thus, his termination is step one.

    Why is Cavanaugh being rewarded with continued employment?

  4. The R.O. stated: re: 7th Interim Report at pg. 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."

    The starkest transgression is the failure of the alleged D.C. leadership, inclusive of Judge Jones satisfactorily answering every question in the above two posts. This woulsd also include the Contractor Association & Benefit Trust Fund counsel of record and every so called Fiduciary & Trustee.

    Each and all of them both individually and collectively should know the answers to these questions, but none of them have one iota of a clue as to factual numbers and instead resort to perjuring themsleves in Court before Judge Berman.

    The Compliance component of the current contracts must be dealt with and resolved as the first priority, or, failing cold hard facts and proof certain, the contracts (CBA) should be abolished.

    Once the electronic aspect is done, then & only then can the D.C. move on to priority no. 2 which is the failed business practices and failed leadership at the D.C.

    As is typical, given the election, this very real issue is getting the short shrift from all concerned and most assuredly by the USAO.

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