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.
Tuesday, March 11, 2014
Response to the Court’s order dated March 4, 2014
6 comments:
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Seems former Judge Jones has got an awful lot to learn given her relative and admitted lack of labor law experience notwithstanding her lack of comprehension of the near 25-year history or docket relevant to this case.
ReplyDeleteMembers have heard this kind of bull prior. Promises, promises.
Note how she failed to address problem Number 1 - the failure of the District Council, the Benefit Trust Fund and/or any of its attorneys to submit to the Court a bonafide independent forensic audit for every executed Contract and PLA Agreement wherein the 100% Full Mobility quid pro qup exchange for 100% Full Electroninc Compliance program has failed for the past year, wherein contracts are violated daily by untimely and delinquent benefit trust fund payments and wherein the parties above have regularly perjured themselves as to the overall status in open court.
The 100% Full Mobility for 100% Electronic Compliance quid pro quo is a farce and every party including the U.S.A.O. and R.O. are fully aware of the District Councils failure in collection activities at the Funds was the very issue which caused the August 5, 2009 FBI sting, arrests,indictments and he subsequent convictions and sentencing notwithstanding ongoing litigation in that criminal RICO matter.
The District Council is in no better position than it was 3-1/2 years ago, notwithstanding the recent veto's of three Officers (EST Bilello, President Lebo, President & EST Pro-tem McGinnis), the most recent occurring in late 2013.
Certainly at this juncture given the mickey mouse compliance program and it inherent failures in software engineering and the second grade level meaningless reporting submitted to date, coupled by the ever shifiting positions, spin and outright lies told in the courtroom, a forensic audit is the bare minimum and ethical threshold requirement by the Funds and Standard Data Corp. (currently suiing the D.C. for breach of contract) tp prove before your honorable Court.
In short Judge Berman - show me the money, all of it as noted above. The numbers will provide your honor with a much clearer picture of current compliance verses the promised future intent spin - trust us, we're ok now being foisted upon the court.
source 157blogspot:
ReplyDeleteOn Monday, April 29, 2013 Bilello, the former carpenter boss, was booted from his post by the court appointed Review Officer (RO) Dennis Walsh for violating several union rules — including directing a schedule pay raise into the Welfare Fund without proper authorization and letting a suspended union member work at the Javits Center and then lie about it.
Bilello & Lebo were elected on December 15, 2011 to head the New York City & Vicinity District Council of Carpenters after vowing several reforms to the union —including saving the out of work list and contract ratification by the membership. The two former leaders reneged on those vows and ironically Bilello was the man who presided over the destruction of the out of work list, by negotiating a contract that includes full mobility and forcing it on the membership, despite the membership rejecting it in March 2012.
Bilello's running mate and former president and assistant Bill Lebo, also got the boot and was forced to resign last September, after receiving a notice of possible veto from the RO, amid allegations of inappropriate behavior and lying about it.
Sources said, Bilello is planning to appeal his veto in an effort to get his job back. The two disgraced former leaders sat quietly as they witnessed a properly run meeting by the new Executive Secretary Treasurer (EST) Pro Tem Stephen McInnis.
Posted by John Musumeci at 7:29 AM 11 comments
Labels: Benefit Funds, Bilello, District Council, page six, Review Officer, wage freeze
Electronic Compliance Reporting by Judge Jones: Ponder this Shakespeare Act - Any Questions?
ReplyDeleteMACBETH
She should have died hereafter.
There would have been a time for such a word.
Tomorrow, and tomorrow, and tomorrow,
Creeps in this petty pace from day to day
To the last syllable of recorded time,
And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle!
Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more. It is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.
pg. 4
ReplyDeleteIt is imperative that the parties forthwith come Into compliance with the CBA provisions regarding electronic reporting of hours and upgrade the District Councils in-house staff and technological capabilities to comply with the Courts Orders, dated May, 2013, June 11, 2013, July 16, 2013, July 26, 2013, September 3, 2013, September 12, 2103 and October 23, 2013.
The November 18, 2013 conference did not provide comfort that this was happening with sufficient urgency. The District Council is directed to secure the attendance of Standard Data
representatives and other technology vendor representatives at the December 4, 2013 conference. Also, as discussed at the November 18, 2013 conference, the Benefit Funds Ryk
Tierney are directed to provide the Court with written information on ll of the costs Le.,advisory
fees, commissions, legal fees, etc.) associated with managing the investments of the Funds on
or before November 26, 2013. (See Hr g Tr., dated Nov. 18, 2013, t 9:11-17.)
Dated: New York, New YorkNovember 25, 2013 4RICHARD M. BERMAN .S.D.J.
So the D.C. & Funds as of November 23, 2013 and through the current reporting period leaidng to their 9th Report have:
* Failed to comply with the CBA contract provisions wherein Judge Berman granted 100% Full Mobility 'subject to' further compliance with the real time date transmission proving Funds were paid timely.
* Failed to comply with 8-Court Orders noted above
To date, the USAO's AUSA and the RO have failed to file Motions for Contempt for willful/wanton violation of 8-Court Orders.
The Court has failed to use its de novo review power or issue a sua-sponte ruling and Order for Contempt of Court; or to issue sanctions or fines against the offending attorneys from the Contractor Associations, the District Council or the the Benefit Trust Funds for failing to uphold their end of the quid pro quo bargaining arrangement which wiped out the rank & file members NLRA, LMRA or LMRDA federal rights without application of an All Writs Act motion to the court and in direct contravention of the Congessional approval for the DOJ's USAO, the court appointed Review Officer or the Judicial branches usurping of Congressional powers to add to, alter, amend, shred, negate or eviscerate Federal law or the U.S. Constitution and years of U.S. Supreme Court precedent in one fell swoop.
The combined unilateral and autocratic actions of the entities and parties above is far outside the confines of the private Civil RICO Consent Decree and the Stipulation and Order and is a miscarriage of justice only known in dictatorial regimes outside the United States.
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