Wednesday, January 15, 2014


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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    1. Correction post from Anonymous January 16, 2014 at 12:15 PM

      This means that, during this time period, of the total Unreported Count addressed by the six- person team, only 11.45 percent ((218 + 191) of 2594) represented jobs for which a shop steward did not report hours within 48 to 72 hours of the work being undertaken.

      "This percentage includes those jobs with a new or out-of-town member, which cannot be reported through the electronic system until the contractor makes its first benefits payment and that information is processed by the Benefit Funds."

      The above is a fatal flaw, a hole left unplugged that the dopey IG., DOO continue to report on, but fail to correct.

      The unplugged hole is an area waiting to be exploited by corrupt Contractors, Stewards & the wise guys trying desperately to get their asses back into elected positions of the D.C. & Danielson, Walker along with McGinnis are too stupid to recognize it and order it corrected and plugged!

      Dennis, your move - Guess you have to do their thinking for them. It's time for the Veto Squad to make a few arrests. My suggestion would be to have some retired members dressed up like the Bull Dog in Operation Watch Dog (woof-woof) make the bust, do the perp walk and off they go to the Dog House until you get done with their Notice of Potential Action & ultimately, their Veto of any/all further employment at the D.C.

      You can't teach stupid. When you reward stupid people with exorbitant salaries, benefits & perks for being this dumb, this report is the exact kind of garbage produced. Judge Berman's got be going, Dennis are you kidding, more crap. What am I supposed to do with this useless report?

      Not for nothing, they're all past defending and sticking up for. Not even a good bullshitter could defend these boobs, to anyone. The time to act is now Dennis. Should we get the Veto Pen from the vault

  2. Dennis, nevermind beating a Dead Horse as that time has long past. The Horse's carcass is rotting away and the stench of incompetence has permanently infected the AHU's and ductwork at the D.C. offices at 395 Hudson St, thus forcing all to breath the fumes of its rotting flesh. We anticipate a rash of sick days coming and increased costs to the Welfare Fund due to this failure to remove the carcass of ineptitude, ignorance and negligence.

    We've identified the disease and only you have the cure, one which no Doctor can administer, the Veto Flu Shot in the arm of those responsible for the disease. BTW, it's spreading.

  3. AnonymousJanuary 6, 2014 at 4:13 PM
    100% Full Mobility for Electronic Compliance Reporting:

    "With 15,589 (variable, now reported just over 16k active job) 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 (CBA) 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, 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 foisted upon him by the D.C. & Funds attorneys, all of whom should be sanctioned and fined for perjuring themselves in Federal court.

    For each of the 165+- individual Contracts (CBA's) when the man/woman does not get paid the Benefit's with their Weekly Pay-check, the Contractor Associations are delinquent and the Benefit Trust Funds and member contributors lose money (interest) on a daily basis.

    **** 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 Payments on weekly recurring loans and overnight interest.

    Best Practice my ass.

    Murphy's 7th Report is a duck & cover opertation which can no longer be used or submitted to a sitting Federal District Court judge to defend the incompetent fools (McGinnis, Cavanaugh, Danielson, Walker & the OWL Dept. Director) responsible for producing it.

    This is malfeasant operation of the D.C. & the Benefit Trust Funds plain & simple. Everyone involved knows the only way to ensure compliance is by answering the Questions in full detail as noted above.

    The new EST's first order of business must be a purging of the inept. The house cleaning is long overdue. The new EST must hire the appropriate individuals, from the rank & file or from the business sector who are capable of answering the above questions & producing a report which is acceptable to present to a Federal Judge w/o wasting his valuable time on the nonsense submitted to date.


  4. 7th 30-Day Rep: Retraction - James Murphy, the D.C.'s in house legal counsel had no part in producing this report for submission to the Court. My sincerest apologies.

  5. This Report is a Bunch of Bullshit....If You want a Report that means something....Include the Statistics on How Many Signatory Contractors Paid Benefits....How Many Signatory Contractors Were Late Paying Benefits....How Many Signatory Contractors Paid No Benefits At All.....And include The Names Of The Delinquent Signatory Contractors So Carpenters Will Know Who Not To Work For Anymore!!!

  6. Seems Judge Berman should have approved the members 90%-10% max to 70%-30% submission to change Judge Haights 67%-33% OWL Hiring Ratio.

    Sunday, March 17, 2013
    Proposed Orders regarding Full Mobility
    On February 27, 2013 council for the District Council sent Judge Berman an Order being proposed by the District Council in support of the implementation of full mobility. Judge Berman invited members to comment and has accepted member letters from the rank and file in opposition of full mobility.

    On March 11, 2013 carpenter Demian Schroeder filed an Order being proposed by the rank and file in opposition of full mobility.

    On March 12, 2013 Judge Berman issued an order stating, the Court has reviewed the March 11, 2013 submission, of Demian Schroeder [Doc.1246] and has asked that:

    "Any response(s) are to be served and filed by March 20, 2013, e.g., District Council, RO,Wall-Ceiling, etc. Responsive filings should include the status of union approval/ratification of the District Council/Wall-Ceiling collective bargaining Agreement, dated March 12, 2013.

    John's note: In regards to the status of the submitted District Council/Wall-Ceiling collective bargaining Agreement, dated March 12, 2013. It has never been submitted to the delegate body for a ratification vote. The signed contract contains provisions that are no longer applicable or approved by the Delegate Body; for example: Section 13 references a non-existent “stamp plan” (page 48) and Section 8 references $2.13 per-hour allocated to the Welfare Fund (page 32) which was never approved or voted on by the Delegate Body. The only Delegate vote that ever took place regarding the WC&C was on a four page MOU on August 12, 2013

    Below are the two Orders being proposed.

    (see article above,


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