Message from the District Council: Brothers and Sisters,
Please be informed, starting with your (4th) Fourth Quarter 2013 vacation check, the New York City District Council working dues and assessment invoice will no longer be included with the mailing of your vacation check. Due to the new upgraded Benefit Funds System and the use of separate vendors, the New York City District Council will no longer have the ability to combine the working dues invoice with your vacation check. Please be aware that you will receive a separate working dues assessment invoice directly from the New York City District Council, and it is your responsibility to remit payment prior to the due date.
If you have not yet completed a working dues/assessment Deduction Authorization Form, or if you have any questions, please contact the New York City District Council Assessment Department at (212) 366-7375.
Thursday, February 27, 2014
Notice of Billing Changes for Working Dues Assessments
Monday, March 11, 2013
Federal Court Reinstates Dispute Over Union Dues Hike
By ANNIE YOUDERIAN
(CN) - The 9th Circuit on Thursday revived part of a union worker's challenge to a dues increase by an umbrella labor organization.
The federal appeals court in San Francisco agreed with union worker Alex Corns that the Northern California District Council of Laborers had overstepped its authority when it approved a dues hike in 2008.
Corns, now retired from the Hod Carriers Local Union No. 166, sued his local union, the district council and the Laborers International Union of North America over their increased dues and fees. He argued that the umbrella unions needed the approval of a majority of local members, typically through a secret ballot vote, to ratify higher dues or fees.
A federal judge rejected Corns's challenge, and the 9th Circuit reversed a portion of that ruling.
The three-judge panel said a local majority is only required when a local union wants to raise dues. An international union like LIUNA can do so through "alternative methods," the court ruled, including by a majority vote of delegates at a convention, as it did in 2006 when it ratified a $0.25 organization fee per hour worked for all construction unions.
Tuesday, October 30, 2012
Make Assessment Payments via Credit/Debit Card
From the NYCDC— Effective Tuesday Oct 30, 2012 the District Council will begin accepting assessment payment via credit and debit card.
The following cards are the acceptable payment type:
1. Visa
2. Master Card
3. Discover
4. Debit Card with a Visa, Master Card or Discover logo
Note: Regular ATM cards are not an acceptable means of payment.
To make payments, members can call 212-366-7500 Monday- Friday from 8am to 5pm and ask to be transferred to the assessment department for payment processing.
Wednesday, October 17, 2012
Union responds to allegations surrounding political sign flap
(FOX 25 / MyFoxBoston.com) – Following fallout from a video of an apparent union worker claiming he was being forced to hold a political sign in support of Democratic U.S. Senate hopeful Elizabeth Warren, the communications director for the New England Regional Council of Carpenters said in a statement that the union "never has and never will fine a member for not participating in political activity."
In his statement, Bert Durand clarified that the man seen in the video may have been referring to what's called the Member-Union Participation program which requires members to participate in two days of union "sanctioned events."
According to Durand, the union "never has and never will fine a member for not participating in political activity and does not pay members for their participation."
However, Durand did confirm that members who fail to partake in any union activities in a cycle will be charged a "dues assessment" of $250.
The statement issued to FOX 25 also includes a list of activities members can participate in, including building handicapped ramps, playgrounds, and other numerous facilities used by cities, towns and community groups.
The sanctioned events also involve other union-building activities such as organizing, picketing, and demonstrating against contractors that undermine industry standards. Other sanctioned events include attending local zoning and planning meetings as well as supporting political and legislative campaigns that support union construction.
The union uses their judgment when choosing the events. The event must benefit the union or its members in some way. Members are only asked to participate in one event per cycle, and it is made clear to them that they decide which of the events they would like to do.
The Warren campaign came under fire after the video of the reported union worker surfaced on the Internet.
FOX 25's Sharman Sacchetti spoke with Warren on camera and asked her about the incident on Friday. Warren responded that she did not know anything about it. In the interview, she continued to deny knowing about the incident, but later stated that she did not approve if in fact that was the case.
Source: Fox Boston
Friday, August 31, 2012
Working Dues Letter
You were officially notified more than thirty days ago on June 14, 2012 that you would no longer be in good standing and your membership status with the District Council and the U.B.C. would be changes to arrears if you did not pay your working dues listed below by September 1, 2012.
Saturday, August 25, 2012
Working Dues are Legal and Necessary
Urgent: Deadline for Remaining in Good Standing is August 31, 2012
Members who have not paid their working due assessment for hours worked January 1, 2012 through March 31, 2012 will be placed in arrears status on the UBC membership processing system on September 1, 2012. As per the UBC Constitution, members in arrears status will not be entitled to any privileges, rights or donations. These privileges and rights include admittance to membership meetings and officer eligibility.
It has come to the attention of the Council that there are those who challenge the legality of working dues payment to the union. Please be advised these working dues are legal and necessary. Failure to fulfill this obligation will result in the loss of membership status, which is in compliance with the UBC Constitution; the new By Laws established by the UBC supervisors as well as the Working Dues Resolution of January 31, 2008.
We encourage members to pay their dues and remain in good standing with their fellow union brothers and sisters. If you have any questions regarding this very important matter, please refer to the attached resolutions or contact us directly. We are stronger together.
In Solidarity,
The New York City and Vicinity District Council of Carpenters
Below is the evolution of rulings leading up the 2008 working dues resolution.
Friday, August 3, 2012
A Message from the EST on What Your Working Dues Are and Why You Should Pay Them
Dear Brothers and Sisters,
Members' assessments play a huge part in how the District Council operates and remains functional.
Collections began in 1978 with a 15 cent assessment, approved by a rank and file vote and obtained by the local. Five cents of that was provided to the District Council. In 1982, assessments were collected by the District Council and were determined based on 1% of members' total package--also determined by a vote from the rank and file. Then in 2000, delegates voted for a 30 cents an hour assessment with 20 cents toward organizing, 5 cents toward communications and 5 cents for political action. Total assessments were again increased by a vote from the delegates to 60 cents an hour in 2005 with 50 cents earmarked for organizing and 10 cents split between political action and communications.
Wednesday, July 4, 2012
Blue Card Update: This Day in History
July 4, 1776: U.S. Declares Independence
In Philadelphia, Pennsylvania, the Continental Congress adopts the Declaration of Independence, which proclaims the independence of the United States of America from Great Britain and its king. The declaration came 442 days after the first volleys of the American Revolution were fired at Lexington and Concord in Massachusetts and marked an ideological expansion of the conflict that would eventually encourage France's intervention on behalf of the Patriots.
The first major American opposition to British policy came in 1765 after Parliament passed the Stamp Act, a taxation measure to raise revenues for a standing British army in America. Under the banner of "no taxation without representation," colonists convened the Stamp Act Congress in October 1765 to vocalize their opposition to the tax. With its enactment in November, most colonists called for a boycott of British goods, and some organized attacks on the customhouses and homes of tax collectors. After months of protest in the colonies, Parliament voted to repeal the Stamp Act in March 1766.
It is in that spirt, we encourage all union brothers and sisters of the New York City District Council of Carpenters to vocalize their opposition to the $500 "Working dues Assessment" (Blue Card) and call for the repeal of the corrupt Forde era, illegal assessment, enacted (June 22, 2000 for $250, increased on January 25, 2008 to $500) as an extortion upon their wages on a yearly basis, should they legally choose to refrain from the New York City District Council of Carpenters mandatory leaflet, banner or picket duty activities put forth by the Organizing Department .
As Review Officer Dennis Walsh told the Court on November 7, 2011:
"It's been a long-running issue with many of the members. It was a program instituted by the Forde regime which at least in theory sought to compel one to do one's picket duty and that if you did your picket duty, some $500 that was withheld would then be paid to you. There was a demonstration a couple years ago, which was well-attended, which did get out of hand and led to the arrest of one of the members who did jump up on the security desk. He was brought up on charges and, in essence, turned into a poster boy for the authority of the Forde regime. He was convicted, he was heavily fined, and he was expelled from the union. I've always been very sympathetic to Mr. Brennan's plight, and I have told the UBC that I thought it was a situation that they should revisit, perhaps in the general president's office. Mr. Brennan has since filed a lawsuit, which I believe is active here in the Southern District under the LMRDA, and I also let my opinion be known to the UBC that I think that is a lawsuit that should be settled rather than district council moneys being expended going forward. But the program is very controversial. It is very unpopular amongst a significant percentage of the membership."
Have a Happy, Healthy 4th of July.
Saturday, June 23, 2012
Blue Card Update: Vacation Check Received with No Deductions
Please be advised that, effective immediately, the deduction of union working dues and assessments payable to the District Council pursuant to authorization cards (commonly known as the "blue cards") is no longer in effect. Accordingly, union working dues and assessments will no longer be deducted from your Vacation Benefits.
Tuesday, June 12, 2012
Retirees File Class Action Lawsuit
On May 23, 2012, Plaintiffs, by and through their attorney, The Law Office of Harvey S. Mars LLC, as and for their Complaint, allege as follows:
NATURE OF THE CASE
1. This is a class action pursuant to the Labor Management Relations
Act of 1947. as
amended, ("LMRA"), 29 USC § 185, et. seq. and the Employee Retirement
Income Security Act
of 1974 ("ERISA"), 29 U.S.C, § 1001 et. seq. to enjoin the defendants,
the New York City
District Council of Carpenters Welfare Fund ("Welfare Fund" or
"Carpenters Welfare Fund")
from requiring contributions and co—payments from the plaintiffs and
other similarly situated
retired participants of the Welfare Fund.
This action also seeks to enjoin the Council of Carpenters
Welfare Fund and its Trustees
and Executive Director from making any payments from the assets of the
Welfare Fund to the
New York City District Council of Carpenters (“District Council") and
to require the Defendants
to repay to the Welfare Fund all monies improperly transferred.
Plaintiffs additionally seek the
costs and attorney's fees incurred in prosecuting this action.
2. Effective June 1, 2012, the retiree class will all be required to
make substantial payments
for what were previously free health benefits and their participation
in the health plan will be
terminated unless such payments are made. There are approximately
eight thousand retired
carpenters in the class and an additional number of spouses and
eligible dependents, and it is
therefore impracticable to bring all of them and the other class
members before the Court. There
are questions of law and fact presented herein which are common to the
entire class of persons;
the named plaintiff`s’ claims are typical of those of the class; and
the defendants have acted or
refused to act on grounds identical in opposition to the interests of
the entire class. The named
plaintiffs will fairly and adequately protect the interests of the said class.
Monday, June 11, 2012
Assessments and Working Dues should be Voted on by the Membership!
(John's note: Local 157blogspot, has obtain a March 2, 2001 letter written from Brother Michael Bilello to GP McCarron, stating that the delegate body imposed assessments and working dues on the membership without a rank and file vote, which in Bilello's opinion, is a violation of the UBC Constitution and the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).
March 2, 2001
Douglas J. McCarron, General President
United Brotherhood of Carpenters and Joiners of America
101 Constitution Avenue
Washington, D.C. 20001
Dear Sir and Brother,
I am a member of Local 157 in New York City, and I am writing to you in regard to the recent assessment imposed on the membership of the New York District Council of Carpenters. As you may know, on June 22, 2000, the delegates of the Council voted to levy a $.30 assessment on the membership for every hour worked, effective July 1, 2000. This assessment is debited from each member's vacation account, commencing in December, 2000, when the vacation monies for the period beginning July 1, 2000 were dispersed.
The $.30 is distributed to three newly created funds: $.20 is for an organizing fund, $.05 is for a communication fund, and $.05 is for a political action fund. While these millions of dollars in additional revenue for the Council, used for its proposed purpose, is not something that any good union member would be opposed to, the concern that I am writing to you about is one of a procedural problem.
The fact that the delegate body imposed this assessment on the membership without a rank and file vote, in my opinion, is a violation of the UBC Constitution (as Amended January 1996), and the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).
Saturday, June 9, 2012
Blue Card Update: June Vacation Checks Delayed
Re: Important Notice Regarding Change in Payment of
Working Dues and Working Dues Assessments
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| Click to enlarge. |
Dear Brothers and Sisters:
The District Council will no longer be collecting Working Dues and Working Dues Assessments through Vacation Benefit deductions under previously executed authorization cards (commonly known as the blue card). This change is effective immediately. As a result, you will be receiving your full Vacation Benefit without any deductions for payments due to the District Council.
The District Council is in the process of implementing dues check-off provisions that would allow for automatic paycheck deductions from weekly pay subject to your execution of a valid authorization form. Dues check-off provisions are a lawful, very common, and convenient way for members to pay union dues. In the meantime, we have implemented several ways for you to meet your financial obligations to the District Council. Those payment options, along with the amount due and the due date will be included with your vacation check.
It is extremely important to remember that, although the payment method is changing, there is no change in your financial obligations to the District Council. We urge you to act quickly in making your required payment to the District Council. We need to continue without interruption our efforts to rebuild our Union into a united fighting force against the many threats confronting the unionized construction industry in New York City.
(John's note: BLUE CARD BOY LIVES!)
Source: NYC District Council
Sunday, December 4, 2011
UBC Reinstates Carpenter who was expelled and fined $25k
Informed sources say that former UBC member Brian Brennan has settled his lawsuit (see below) with the New York City District Council of Carpenters and will be reinstated back into the UBC.
Brennan a 26-year veteran carpenter was ordered expelled and fined $25,000 by the trial committee on March 25, 2010 "for causing dissension among the members of the Brotherhood and violating the Obligation."
Brennan's trouble started back on May 14, 2009 when he participated in a small demonstration outside the District Council's Hudson Street offices against union leadership over a plan to withhold quarterly benefits checks from
members who refuse to sign the "Blue Card" and grant the trustees of their welfare fund a new
power to levy fines against them.
About 1,000 of the union’s 18,000 or so working members did not signed
the "Blue Card."
Carpenters being a vocal
lot staged the demonstration and Brennan, one of the few who sticks
his neck out brought a sack of flour as a heavy-handed prop as a sign of Mike Fordes cocaine habit.
"We called it 'Mike's coke.' Everyone knew he had a big habit."
A
fracas broke out when Brennan tried to go inside to confront
benefit-fund officials. He was arrested, accused of hitting a security
guard. "I didn't hit anybody," he said. "I'm the one got hit." The
district attorney declined criminal charges, but Forde's lieutenants (Pete Thomassen, Lawrence D'Errico, Charles Harkin and Dennis Sheil) filed charges against him.
Disgraced former Carpenter head Michael Forde, pleaded guilty in 2010 to federal racketeering and
bribery charges, and was sentenced to 11 years in a federal lockup.
Brennan's attorney, Robert Felix, filed a lawsuit on March 16, 2011 against the Council requesting a jury trial seeking reinstatement and recover back pay.
At a court conference last month, Review Officer Dennis Walsh stated, "I've always been very sympathetic to
Mr. Brennan's plight, and I have told the UBC that I thought it was a
situation that they should revisit.....[I] also let my
opinion be known to the UBC that I think that is a lawsuit that should
be settled rather than district council moneys being expended going
forward."
The settlement has not been made public, "we don’t know exactly how much the settlement is, but they did settle and Brain Brennan will be reinstated," the source said.
Sunday, November 13, 2011
Letter To Review Officer Dennis Walsh
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| Click to enlarge. |
Excerpt from the Court Transcript, dated November 7, 2011
THE COURT: Mr. Walsh, could you comment on that blue card? I'm not sure I understand that issue.
REVIEW OFFICER WALSH: It's been a long-running issue with many of the members. It was a program instituted by the Forde regime which at least in theory sought to compel one to do one's picket duty and that if you did your picket duty, some $500 that was withheld would then be paid to you. There was a demonstration a couple years ago, which was well-attended, which did get out of hand and led to the arrest of one of the members who did jump up on the security desk. He was brought up on charges and, in essence, turned into a poster boy for the authority of the Forde regime. He was convicted, he was heavily fined, and he was expelled from the union. I've always been very sympathetic to Mr. Brennan's plight, and I have told the UBC that I thought it was a situation that they should revisit, perhaps in the general president's office. Mr. Brennan has since filed a lawsuit, which I believe is active here in the Southern District under the LMRDA, and I also let my opinion be known to the UBC that I think that is a lawsuit that should be settled rather than district council moneys being expended going forward. But the program is very controversial. It is very unpopular amongst a significant percentage of the membership.
To learn more, see BLUE CARD BOY LIVES topic in the forum.
Saturday, November 12, 2011
Court Conference Transcripts of November 7, 2011
THE COURT: So this I think is the date we scheduled the last time for an update as to where things stand. The issues that are typically on the table are elections, delegate and district council, perhaps we can hear about that; bylaws, I don't know if there's much to say about that; the CBA negotiations, probably something to say about that; restructuring perhaps and funds perhaps. But I guess the elections probably we'd start with and see where things are standing with that.
Saturday, August 6, 2011
District Council By-Laws Dated August 5, 2011
Under District Council Bylaws Section 20 and as formally recommended by the Review Officer, the Delegate Body adopted the following standing
rule at its meeting on Thursday, April 25, 2013, by a roll call vote of 81-1.
All votes relating to collective bargaining ratification should be by roll call of the Delegates.
These Bylaws are intended to conform with any and all relevant provisions of the Consent Decree, the Stipulation and Order entered on June 3, 2010, and any other Order entered in the matter of United States v. District Council et al., 90 Civ. 5722 (SDNY) (RMB). Any provision of these Bylaws that is inconsistent therewith shall be null and void, and of no force or effect.
This Council shall be the central governing body over and shall have legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members.
Friday, July 8, 2011
Open Letter: Response to UBC Proposed Restructuring Plan for the NYCDCC
(John's note: This letter was emailed to the RO on July 1, 2011)
Dear Review Officer Walsh:
This letter is in response to the May 26, 2011 United Brotherhood of Carpenters & Joiners of America, (UBCJA) International Union and the New York City District Council of Carpenters (NYCDCC) and Latham and Watkins proposed Restructuring Plan for the NYCDCC, while its Local Union autonomy has been suspended under a temporary Trusteeship imposed under the LMRDA.
Per the Court Conference of June 28, 2011, we are submitting this to you as we requested and as you have approved.
Thursday, May 7, 2009
New Fines Pit Carpenters Against Union Leaders
By PAUL von ZIELBAUER
The union representing New York City carpenters, one of the area’s largest construction trades, continues to be roiled by turmoil after years of investigations into corruption and organized-crime influence and, since 2007, the federal convictions of four shop stewards for fraud, conspiracy or bribetaking.
The latest dispute has pitted many carpenters against the union leadership over a plan to withhold quarterly benefits checks from workers who refuse to grant the trustees of their welfare fund a new power to levy fines against them.
Leaders of the union, the District Council of Carpenters and Joiners, say the fines are necessary to deter carpenters from working off the books. Many carpenters say they are reluctant to give the union additional, and vaguely outlined, authority to fine workers.
The increasingly bitter dispute began last summer, after carpenters, joiners, timber workers and other union members were asked by the welfare fund trustees to sign a deduction-authorization card that would allow fund administrators to levy new but unspecified “fines or penalties” on workers’ accrued vacation pay.
The welfare fund provides life insurance, hospitalization, medical care, pension and vacation benefits to union members.
Vacation pay is contributed by employers. Workers pay taxes on the money, but they authorize the welfare fund to collect and to disburse it to them four times a year.
Union leaders tried to calm the waters in October with a letter explaining that the new fines or penalties were meant to deter “cash hounds” — members who illegally work for cash. Still, many members declined to sign the cards out of distrust of the trustees, a panel that includes employers’ representatives as well as the union’s top elected leadership, carpenters said.
“That card was a threat,” said a carpenter who agreed to be interviewed this month only on condition of anonymity because he said he feared retribution. “It was like signing a blank check to let them take out whatever they want, whenever they want.”
About 1,000 of the union’s 18,000 or so working members have not signed the card, a lawyer for the union said on Thursday. Many others signed it reluctantly, several union members said, because they needed the thousands of dollars that accrue each quarter.
“The average guy in this business has a family; he counts on the income from that vacation fund,” said Michael Power, 37, a carpenter and 19-year union member who has refused to sign. “I talked to a lot of guys who said they feel cornered. They didn’t want to sign the card, but they felt like they had no choice.”
The dispute escalated in March, when the union’s welfare fund trustees voted to stop sending vacation-pay disbursements to anyone who had not signed the authorization card, infuriating rank-and-file members.
The legal basis for withholding vacation-fund payments is unclear. The fund’s trustees, comprising five union officials and five employer representatives, voted to stop distributing vacation checks without seeking the consent of the fund’s lawyers, said Stuart GraBois, the welfare fund’s executive director.
Gary Rothman, a lawyer for the carpenters’ union, said, “Trustees have the authority to make reasonable rules as to the distribution of those benefits.” But Mr. Rothman added that since they voted to withhold the checks, the trustees have asked for a legal opinion, to be given at the next trustees’ meeting, on May 14.
Many union members say they have good cause to resist their leaders. Since October 2007, four union officials have been convicted of either taking illegal payments from union employers or cheating their own union’s benefit funds. The carpenters’ union has operated under federal court supervision since 1994.
Herman Benson, the founder of the Association for Union Democracy, a nonpartisan advocacy group based in Brooklyn, said the union leadership’s idea to withhold vacation pay was troubling.
“There’s something particularly outrageous about it, because the money that they’re withholding is not theirs; it’s the workers’,” Mr. Benson said.
See below for more...
Blue Card Letters
