Wednesday, March 12, 2014

Order from Judge Berman Approving Tradeshow CBA

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Decision and Order stating that "it is ordered that the Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance procedures specified in the [collective bargaining agreement ("CBA")]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."

9 comments:

  1. "subject to the Court s directive that the parties to the NYTSCA CBA forthwith make good-faith efforts to comply with the Agreements requirements regarding electronic reporting of jobs and hours, and anti-corruption compliance features"

    Note: The above text was in bold by Judge Berman. In other words, emphasis added! His approval of this contract (CBA) and all prior contracts executed and listed within this order means pay attention ladies, his patience is running very thin. You better get it together and an additional two year time frame will not cut it.

    Again and for the thousandth time - a fully independent (outside) forensic audit is the only way to determine actual compliance with every Contract and every PLA Agreement.

    The D.C., Funds and the Contractors cannot hide the fact that they are in continual violation of every contract or that they have failed to pay Benefit Funds in a timely manner with the man or woman's pay-check.

    The fund average is 95-days delinquency and the D.C and Funds are not being paid the interest or the collections costs owed to them by the Contractors. Accordingly, the contracts should be void, ab initio. Judge Berman does have the authority to do so, just a matter of when he acts on it.

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  2. to all you bullshit artists running the district council:the members turned down full mobility but the fuckin lawyers control our appetite. in other words we have to swallow this shit?the members are fucked.

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  3. full mobility does not work,it is destroying the out of work list ,it is discriminating against all members seeking to get work.to many violations and non sence will occur that will give full control to the contractors.we need to get back the 50 ,50 rule ,by which half company and half threw the list to make it fare to all members to get work from the out of work list.the list will move faster and every member will get a fair chance to go to work and build the funds up.having 4000 to 5000 members out of work is unexcuseable,with the way we are heading into a building boom,everybody should be working.we also need to get a hold on our marketshare by doing whats necessary to help our members to be able to provide for their familys and make our union stronger,visablle,and a good future for everyone.

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