Wednesday, October 15, 2014

New York District Council Sued for 8 Million By Minority SignatoryContractor

Creative Construction has sued the NYC Council for 8 million alleging among other things racial discrimination and civil rights violations. The council has also been accused of bypassing the Out Of Work list and violating the new bylaws and thus the consent decree.

Creative Construction has accused the council of forcing substandard uncooperative, unskilled and non productive members who had been laid off by other contractors such as RCC Construction on the same job over to Creative instead of back to the Out Of Work List. The suit also alleges the council is by passing the Out of Work list and violating the consent decree by sending skilled members to non minority companies regardless of where they are on the list.

Council Reps Rambo and Betlewicz are accused of threats such as telling creative owner to “Lets go outside and settle this” and racists remarks such as. "You just hire your own kind” and “You minority’s take food out of my mouth.” There is also sexist remarks alleged by the Council against a Creative female project manger.

The Council is also accused of providing a non certified shop steward and harassing, threatening and intimidating any member not sent from the hall or placed on site by the council. The suit was filed on September 19, 2014.


35 comments:

  1. Another blow to the members. Way to go Geiger!

    Go ahead say he's trying to protect the men and woman of the nycdcc.

    Gonna cost us 9 mil w/ legal fees.

    ReplyDelete
    Replies
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  2. Line 38.

    "Upon information and belief, Defendant is not following the bench list for the White Contractors as well, instead providing them with the most productive and skilled labor irrespective of their placement on the bench list."

    No shit?

    There's a White not on the Bench List for productive workers with tolls & an actual skill set - How do I sign up for that one?

    Good luck proving any of this - we all know there is no discrimination in McCarron's Union & the NYCDCC in particular; why, it's all above aboard, all the time your Honor (wink-wink)

    ReplyDelete
  3. Human Rights Commission and Columbia University goals for 40% DBE, MBE, WBE hiring are just that - goals.

    A goal is not a legal mandate implicating 'shall' verses 'may'; as in: you shall hire 40% minorities or woman verses the empirical fact that as NYCDCC members are assigned numerical positions on said Out of Work List (OWL); said placement of any member on the list whether man or woman, minority or non-minority may or may not reflect the Project Owners, Lend Lease or NYC Human Rights Commission Goal for the PLA project.

    It is statistically and mathematically impossible to both operate a Non-Exclusive Hiring Hall OWL list which comports to Consent Decree mandates for 100% Full Mobility of the work force for unionized Carpenters whether or not said carpenter members are NYCDCC members or travelers from other jurisdictions and to tie said hiring hall list and procedures to a mathematical formula wherein a guarantee could be executed ensuring placement to Creative Construction of new employees from the list would come off in exactly a 40% minority or woman ratio.

    Try proving this one in a court of law; it'll never happen!

    The Consent Decree and the 2010 Stipulation and Order make no mention whatsoever of the creation of a separate or independent OWL list for minority or woman owned business competing for HRC or PLA project work - nor could it rationally consider such a program and comply with the McCarron-Walsh-Bharrara-Berman mandate for 100% Full Mobility as none of the aforementioned parties considered the subject in the first instance and no other party or non-party to the Consent Decree briefed the matter.

    ReplyDelete
  4. There you go Murphy, another homework assignment prepared for you.

    Just do a cut and paste and move for summary judgment - they have no case and they know it. This is a nuisance suit and should be treated as such.

    ReplyDelete
    Replies
    1. yeah but this is the nycdcc and our wonderfully talented lawyers youre talkin bout!!!!!

      Delete
  5. Lines 33-37

    The only one here with a probable lawsuit is Jeanine Keane for defamation, slander & libel.

    The NYCDCC has the Walsh 3 & out rule before you go back to the end of the OWL list and the Contractor as a former NYCDCC member and his attorney should be well aware of this fact. e.g.; read the contract & the OWL Rules prior to filing a sham suit and defaming a NYCDCC rank & file member.

    The simple fact of the matter is we've all been sent out from the hiring halls wherein Contractors call for "x'" number of men or woman and pending calls from BA's or the OWL dept's either more or less show up the next day at the job (project) and some members are sent home with or without cause. Those sent home are paid the "show up" time, which is typically 2-hours.

    Naming Jeanine Keane in this suit in this manner and relying upon third party hearsay does not bolster any aspect of Creative Constructions claim. You'd better hire a smarter attorney bub & remember, he may or may not care if you win the case, he may just being playing you for billable hours. so you'd better wake up and wake up fast before he cost's you the value of the contract in legal fees.

    Miss/Ms./Mrs. Keane; find yourself a lawyer & fire back!

    ReplyDelete
  6. A $2.3 Million dollar contract for Temporary Protection - wow man; not exactly the toughest division/spec. section of work now is it?

    What happened to the color blind society and ending the affirmative action hand-outs? Why is it that the private sector operates without the blinders on but the Lib think tanks & the government hacks always know what's best for the rest of us?

    No matter where you go in this great country the people still want to play the race card. In fact, it has been a main-stay of the entire Obama Administration from top to bottom.

    Notwithstanding the above, the fact remains that these phony or sham suits occur in every major city in the country. there is no legal basis or justification for any of them. Awarding contracting authorities, whether government or private state and set "goals" in the contract language to be politically correct.

    None of the suits ever have merit and the filing of them is done for one reason - to force insurers and re-insurers to settle; albeit, confidentially of course with the complaining party. On larger projects, particularly those wherein the the A/E and its design team didn't finish their design or ensure it conformed to the Building, Fire & Life Safety Codes, these sham suits are used as a lever to extract monies back from the GC's & subcontractors and their insurers when the project owners and their design teams feel they paid out too much money in change orders or legitimate claims which they would otherwise not prevail on in a court of law were the issues to go to trial.

    It's a game and nothing more!

    How long do we have to keep playing this game? When will the insurers ans re-insurers wake up and fight back. When will America declare we are free of discrimination? Who will make that decision? Will it be the phony's and the players of the system who benefit only by keeping the charade going and make their living and a damn good one from it?

    Murphy, you'd better bring your "A" game and fight this one hard. We'll see how good you are on the outcome of this case & we expect no less than summary judgment. A novice can see that they'll never make a prima-facie case; so get going.

    ReplyDelete
  7. Dennis - you may need to coach Murphy through this one. This case is a no brainer!

    ReplyDelete
  8. 15. Preferred Minority and/or Female Referrals: The District Council,from time to time, must fill lawful requests for minority or femaleemployees due to contract staffing requirements. In order to facilitatethese requests a carpenter may, but is not required to, advise the DistrictCouncil of his or her minority status or gender when calling to put theirname on the Job Referral List or updating his or her skills

    ReplyDelete
  9. The above Rule No. 15 by the Review Officer Dennis Walsh is facially unlawful.

    There is no such thing as a lawful request for minority or female employees due to staffing requirements. Filed Sub-bids are no exception.

    The race baiter's and tree hugging liberal crowd and/or their so called "Human Rights Commissions" may have a stated goal but they may not write discriminatory hiring policies into any contract whether public or private.

    Hanson James has no suit & everyone knows it.

    Of course, were the District Council and its attorneys to back him in this suit - then it immediately implicates the Director of Operations, the Inspector General and the OWL Supervisor(s) as being wholly inept and incompetent in performing their jobs - and we know you can't have it both ways. Will Walsh Veto their employment or will he opt to continue supporting a facially unlawful and unconstitutional and discriminatory Work Rule which he authored; which does not comport with Federal law or Civil Rights legislation banning such discriminatory practices?

    ReplyDelete
  10. My name is Ricardo Sandoval my UBC is 1371 7310, I have been a proud member of The Carpenters Union for 13 years,, I started with local 11, when up to local 291 in Albany, work at GlobalFoundries for PCI for 2 years, came down to work at Soho with PCI 2 & a half years ago, switched my book to 157 at that time, I don't know what is going on with the system in the dispatchers office, and I will not make any accusations, but I have worked a total of 16 days, in 2&a half years, I am Hispanic, and I do not receive any calls for any kind of work at all, I just paid over 300 dollars and dues, I borrowed the money so that I can get some work, I am homeless at this point, lost my car, of course if you don't pay it gets repossessed, right now I am asking for some help, please I need some work, I do highrise construction all of my career, I love my Union and I love my job, Rico.... this is my phone number.914 2903020...

    ReplyDelete
  11. pg 19-20 WC & C CBA July 1, 2011 - June 30, 2017

    ARTICLE VII - JOB REFERRAL SYSTEM, NON DISCRIMINATION CLAUSE

    Section 1:

    The Union shall establish and maintain an open employment list for the employment of qualified and competent workers.

    Section 2:

    The parties agree that there shall be no discrimination in the employment, hiring, training of employees in the bargaining unit on the basis of race, color, creed, sex, national origin, age, disability, marital status, citizenship status, sexual orientation or effectual preference in all employment decisions, or Union activity as defined in applicable Federal, State, or Local laws.

    For the purposes of this Article, "citizenship status" means the citizenship of any person, or the immigration status of any person lawfully residing in the United States who is not a citizen or national of the United States.

    ReplyDelete
  12. The above is interesting on two fronts:

    1) Hanson James has no law suit - period; unless he can prove that the Contractor Associations, the D.C. & its Officers & Shop Steward, the R.O., USAO & the Court are all simultaneously complicit in a conspiracy to utilize some mysterious white boy only hiring list that the rest of us have never seen. Good luck with that Cause of Action!

    2) As to Section 2, Paragraph 2 - how is it that the District Council and its attorneys, the United States DOJ, U.S. Attorney's at the SDNY, the Court appointed Review Officer and Judge Berman can effectuate and approve a contract (CBA) policy wherein they can negate, alter and amend the 1986 IRCA law and the Congressional authority of our Legislative Branch of the Federal government under the U.S. Constitution to make such changes to exisiting law and usurp their authority and power; and which law specifically requires every Employer across all sectors of the U.S. economy to ask questions as to the citizenship or non-citizenship of every prospective employee including the mandatory requirement to furnish proof of same via valid Social Security Cards lawfully issued, valid Driver License, duly issued and/or other legal forms of identification as the law requires for all?

    Why the special exception, qualification and exemption for those suspected of being criminal aliens or border jumpers?

    By whose authority do the above parties make the false claims and provide the illegal qualifications, exceptions and exemptions for the WC & C whose Trustee Oliveri was convicted of perjury and sentenced along with Forde, Greaney & the other corrupt parties in the 8-5-09 criminal racketeering scheme?

    The irony is that the Contractors go out of their way to break the balls of the white guys for the very same information that those given the free pass get away with not providing, a;beit - under a phony and fraudulent contract provision.

    It seems to the rest of us that the Contractor Associations are still desirous of hiring the very same Illegal Aliens and 1099 Cash Workers that they have used as cash workers in the past and to the present day and that they also wish to continue stiffing the Benefit Trust Funds of required contractual payments for those hours worked.

    When will the IG's Office investigate these issues and concerns? How can members trust the I.G. or Director of Operations when their jobs are subject to the over-sight of the RO who can terminate their employment? When will D.C. in-house legal counsel James Murphy step up to the plate and do his sworn job as D.C. legal counsel?

    ReplyDelete
  13. -5-
    No. 12-5967
    EEOC v. Skanska USA Building, Inc.

    II.
    We review the district court’s decision to grant summary judgment de novo. See Fuhr v.Hazel Park Sch. Dist., 710 F.3d 668, 673 (6th Cir. 2013).

    A.
    Title VII prohibits employers from discriminating against “any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin[.]” 42 U.S.C. § 2000e-2(a)(1). Title VII also prohibits employers from retaliating against their employees or applicants for employment “because [they] ha[ve] opposed any practice made an unlawful by [Title VII], or because [they] made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII].” Id. § 2000e-3(a).

    Skanska did not employ the buck-hoist operators directly. The parties both assume that a defendant can be liable under Title VII pursuant to a joint-employer theory. We have made the same assumption in dicta. See Sanford v. Main St. Baptist Church Manor, Inc., 449 F. App’x 488, 491(6th Cir. 2011). And three other circuits have actually applied the test to determine whether an entity is liable under Title VII. See, e.g., E.E.O.C. v. Pac. Mar. Ass’n, 351 F.3d 1270, 1277 (9th Cir. 2003); Graves v. Lowery, 117 F.3d 723, 727 (3d Cir. 1997); Virgo v. Riviera Beach Associates, Ltd., 30 F.3d 1350, 1359 (11th Cir. 1994). Thus, although the parties have not briefed the doctrine’s applicability, we apply the doctrine here.

    Entities are joint employers if they “share or co-determine those matters governing essential terms and conditions of employment.” Carrier Corp. v. NLRB, 768 F.2d 778, 781 (6th Cir.)
    _______________________

    The D.C. does not directly employ Union Carpenters.

    Proper recourse at best would appear to be a timely filed EEOC claim, but even in that venue, proving a prima-facie case against any party named in any action would be damn near impossible

    ReplyDelete
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  15. You may need to coach Murphy through on this one. The case is less well

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  20. Assalamu alaikum wr wb.

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