Thursday, July 31, 2014
Sunday, July 27, 2014
(I) Whether, as a matter ofjurisdiction, the issues raised by the applications ofMssrs. Nee and Messinetti, dated July 23, 2012 and July 24, 2012, respectively, remain ripe for consideration, given the events and passage of time between the Court's October 23,2012 Order and the Court of Appeals' July 23,2014 Summary Order; and
(2) Whether the Review Officer's June 26,2012 "Notice of Veto" was within the Review Officer's authority under the June 2010 Stipulation and Order, and citing to appropriate background, context, and authority which may help to resolve any "ambiguity" perceived by the Second Circuit.
The parties' respective submissions should be no longer than twenty pages, double- spaced and should be served and filed on or before August 25, 2014.
Wednesday, July 23, 2014
VACATE the district court’s October 23, 2012 order and REMAND the matter for further proceedings not inconsistent with this order.
On June 26, 2012 Review Officer, (RO) Dennis Walsh vetoed Local 157 President Patrick Nee as president and delegate; Peter Corrigan as financial secretary and delegate; Levy Messinetti as recording secretary and delegate; Gauntlett Holness as trustee.
Nee, Messinetti and Holmes filed pro se letters in July 2012 to Judge Berman seeking review of the Notice of Veto.
On October 23, 2012, Judge Berman issued his decision and order: "the court finds that the RO's determinations with respect to Nee, Messinetti and Holmes was supported by substantial evidence and were not arbitrary or capricious. Accordingly the application for review are denied."
Nee and Messinetti appealed Judge Berman's decision to the UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, argueing that the RO’s veto authority is limited to “actions” under 5(b)(iii).
The Second Circuit said that the language in the Stipulation and Order was "ambiguous" as to whether the authority applied to the veto of an elected official and remanded the matter to the District Court to determine the intentions of the District Council and the government in this regard.
Sunday, July 20, 2014
On May 23, 2012, a group of retirees, by and through their attorney, The Law Office of Harvey S. Mars LLC, filed a lawsuit against the New York City District Council of Carpenters Welfare Fund, which they allege among other things, that the retiree class will be required to pay substantial monthly and other co-payments for what were previously free benefits and their participation in the plan will be terminated unless such premiums are paid.
On July 17, 2014 without mention of the lawsuit, the Board of Trustees, the NYCDCC Welfare Fund announce that a plan has been approved for the restoration of dental coverage, as well as a fifty percent reduction in retiree premiums.
Below is a letter dated July 18, 2014, from the attorneys representing the Welfare Fund to Judge Paul Oetken stating that the parties have reached a settlement of this matter in its entirety.
Saturday, July 19, 2014
Join us on Monday and lets make some noise and turn this job UNION!
There is a rally scheduled on Monday July 21, 2014 at 8:00, at 25 Broadway, Manhattan, across from the Financial Bull downtown.
Tribeca Floors is the target. They are installing wood flooring and sub flooring, paying their top guy $21/hr cash and no benefits and a regular worker gets $15 to $18 dollars/hr no benefits.
The Coordinator is Gerry Matthews, stop bye and show your support and receive your picket duty credit.
Thursday, July 17, 2014
On behalf of the Board of Trustees, the NYCDCC Welfare Fund is pleased to announce that a plan has been approved for the restoration of dental coverage, as well as a fifty percent reduction in retiree premiums. The reduction of retiree premiums will take effect September 1, 2014, while the restoration of dental coverage will be effective October 1, 2014.
While the Benefit Funds Office is currently working on the implementation of these changes, what we can now report is that the new dental coverage will be through Aetna Dental Maintenance Organization (DMO), effective October 1, 2014. The plan will have no deductible and no annual limits, and will provide one hundred percent coverage for “preventive” and “basic” dental procedures. “Major” dental procedures will be covered at eighty percent. As we work through the implementation process and get closer to the effective date, we will be sure to provide you a full update and explanation of the plan changes, as well as contact information for Aetna.
Additionally, effective September 1, 2014, retiree premiums will be reduced by fifty percent. The reduced payments for retirees will be reflected in retiree statements once the reduction is officially implemented.
Lastly, it is important to note that the Board of Trustees also approved the implementation of a “Reserve Trigger Point.” To avoid financial issues in the future, it was decided that if the assets of the Fund drop below a certain level, the benefits reinstated under this agreement will be rescinded and only restored when the assets rise back to another predetermined level. The agreement states that, if reserves drop below seven (7) months, the dental benefits and the fifty percent reduction in retiree premiums will be rescinded on the first day of the next month. However, if the reserve then rises back to nine (9) months, the benefits will be restored on the first day of the following month. The current reserve level of the NYCDCC Welfare Fund is approximately twelve (12) months. The Benefit Funds Office will report the Welfare Fund Reserve number on an annual basis, or more frequently if required, on the NYCDCCBF website and in the Benefits Toolbox newsletter.
If you have any questions about these benefit changes, please feel free to contact the Benefit Funds’ Member Services Department at (800) 529-FUND (3863) or (212) 366-7373.
Saturday, July 12, 2014
PLA's Approved: $7.54 Off A Rate B12A
525 West 52nd St: 14 Story and 22 Story, 450,000 SF, 80% Market Rate, 20 % Affordable Housing, Approximately 200,000 Man Hours
225 East 39th St: 36 Story, 380,000 SF, 80% Market Rate, 20% Affordable Housing, Approximately 130,000 Man Hours
138 East 50th St: 50 Story, 257,000 SF, Hotel, Approximately 115,000 Man Hours
$4.00 Off A Rate B12A
53 West 53rd St: 70 Story, 728,000 SF, Residential, Approximately 235,000 Man Hours
The recommendation of the Executive Committee was to approve the following Project Labor Agreements and to amend the future Manhattan Residential/Hospitality PLA's addendums to reflect a $4.00 deduction going forward from the current $7.54 deduction.
Wednesday, July 9, 2014
In anticipation of the 2014 District Council Oﬁicer Election, pursuant to his
responsibility for supervising and conducting elections under paragraph 5.}: of the June 3, 2010
Stipulation and Order, the Review Officer has made ministerial changes to the 2011 Final
Election Rules, changing dates to reflect the timing of election procedures in 2014 (rather than
in 2011) and eliminating the unnecessary position of Election Officer (which was held by a former
member of the Review Ofﬁc'cr’s staff. The Review Ofﬁcer seeks the Court's approval of these
new Election Rules (“ERs") in advance of the commencement of the 20l4 election cycle on
August 4, 2014.
New York City District Council of Carpenters Board of Trustee's Restore Full benefits for All Active and Retired Members With NO DEDUCTIBLES!!!
UBC brother William Kane of Local 2287 started a petition "NYC District Council of Carpenters Board of Trustee's: New York City District Council of Carpenters Board of Trustee's Restore Full benefits for All Active and Retired Members With NO DEDUCTIBLES!!!" and invites you to help get our benefits back by adding your name to the petition.
Our goal is to reach 25,000 signatures and we need your support. You can read more and sign the petition by clicking here.