This dispute arises out of the WCC’s claim that the International Agreement executed between it and the United Brotherhood of Carpenters (“UBC”) the parent of the WCC, supersedes the Collective Bargaining Agreement between the WCC and the DCC. The DCC seeks to set aside an arbitration award issued on July 22, 2014 in favor of the WCC.
Showing posts with label wage freeze. Show all posts
Showing posts with label wage freeze. Show all posts
Thursday, August 7, 2014
NYCDCC vs. Assn of Wall-Ceiling and Carpentry Industries of NY, Inc.
Saturday, August 2, 2014
Arbitrator Rules on Wall and Ceiling Association International Agreements
This dispute arises out of the WCC’s claim that the International Agreement executed between it and the United Brotherhood of Carpenters (“UBC”) the parent of the WCC, supersedes the Collective Bargaining Agreement between the WCC and the DCC. It seeks a declaration to that effect. The DCC asserts that the local contract is not superseded by the International Agreement.
Sunday, June 29, 2014
Carpenters Receive Wage & Benefit Increase
Arch Metal Glass, Building Contractors Association (BCA), Independent Building and Construction Agreement, The Association of Wall-Ceiling and Carpentry Industries (WC&C) and Floor Coverers.
The $2.40 per hour wage and benefit allocations are as follows:
- $1.00 Increase to Hourly Wages
- $0.44 Increase to Pension Fund
- $0.96 Increase to Annuity Fund
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Decision and Order stating that "it is ordered that the Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance procedures specified in the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."
Thursday, February 13, 2014
Judge Approves Agreements with the Association of Concrete Contractors of New York
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, 1) 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 April 25, 2013"; (iii) the District Council's December 12,2013 letter which: enclosed copies of two new CBAs between the District Council and the Association of Concrete Contractors of New York, Inc. ("ACCNY") (the "ACCNY CBAs" or "Agreements"); noted that "[w]hile certain terms and conditions of the ACCNY CBAs submitted here differ slightly from those in the GCA CBA and The Cement League CBA, all provide for full mobility, electronic reporting of jobs and hours...
Monday, January 20, 2014
NYC CARPENTERS REACH DEAL WITH MWA THAT RESTORES BENIES AND HEALTHCARE
New York, NY- After months of heated negotiations and a strike, the New York City District Council of Carpenters’ Delegate Body on Thursday, January 16, 2014 ratified by roll call vote a new 10-year collective bargaining agreement with the Manufacturing Woodworkers Association of Greater New York (MWA), the multi-employer association that represents a dozen employers that operate shops that manufacture and install custom furniture and interior millwork.
“This has been a long, hard fight,” said Stephen McInnis, President and Executive Secretary-Treasurer Pro Tem. “But it was well worth it, given that this contract finally gives these members security and peace of mind.”
The approximately 350 members, who work for MWA employers, have been without benefits and healthcare since July 2013. The new contract retroactively returns their benefits and healthcare, plus settles existing financial obligations.
This 10-year agreement comes on the heels of stalled negotiations and a 3-week-long strike in July against the MWA. As part of this contract, the delegates also approved a settlement between the District Council, the Benefit Funds, the MWA, and the twelve MWA member-employers that resolves all outstanding benefits’ funds employer contribution delinquencies, three pending federal lawsuits, and contested arbitration awards.
By entering into these agreements the District Council aims to make its members whole for all the delinquent benefits earned during this period. Members who qualify under the plan rules will also be given retroactive medical coverage back from July 1, 2013 and going forward.
With more than 20,000 members in eight locals, the New York City and Vicinity District Council of Carpenters is one of the largest, most powerful trade unions in the construction industry.
NYC CARPENTERS RATIFY HISTORIC AGREEMENT THAT SECURES JOBS FOR THE NEXT 20 YEARS
New York, NY--The New York City District Council of Carpenters’ Delegate Body on Thursday, January 16, 2014 ratified a historic new agreement with Brookfield Properties--one of the country’s largest commercial real estate developers--that guarantees union carpenters jobs throughout New York City for the next 20 years.
“With this new agreement, the District Council is looking far into the future for our members,” said Stephen McInnis, President and Executive Secretary-Treasurer Pro Tem.
Brookfield controls 7% of all commercial office space in New York City and has plans to expand. This deal is being hailed as the first time an owner has agreed to unionize their entire portfolio anywhere in the country.
By roll call vote, the delegate body approved the Brookfield Portfolio/Project Labor Agreement, which guarantees only unionized carpenters, will work in all Brookfield properties and developments though 2034. Brookfield Properties is a commercial real estate corporation that owns, develops, and operates premier assets in the downtown cores of high-growth North American cities. The agreement covers all new construction and all interior retrofitting and tenant related work.
With a current NYC portfolio of 25-million square feet of Class A commercial real estate office space, this agreement is estimated to bring in approximately 18 million work hours to the New York City District Council of Carpenters. These numbers are also expected to increase as Brookfield acquires and develops new buildings throughout New York City--all of which is now guaranteed to be built 100% union.
“It not only guarantees our members work through the good or the bad times, this unprecedented agreement also secures hard working New Yorkers’ healthcare and pensions,” McInnis added.
With more than 20,000 members in eight locals, the New York City and Vicinity District Council of Carpenters is one of the largest, most powerful trade unions in the construction industry.
Wednesday, January 15, 2014
THE SEVENTH THIRTY-DAY REPORT REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES
The District Council submits this Seventh Thirty-Day Report pursuant to (1) the Decision & Order entered on May 8, 2013 (Doc. 1315), (2) the Order entered on June 11, 2013 (Doc. 1332), (3) the Order entered on July 16, 2013 (Doc. 1358), (4) the Order entered on September 3, 2013 (Doc. 1386), (5) the Order entered on September 12, 2013 (Doc. 1394), and (6) the Order entered on October 23, 2013 (Doc. 1426), in United States v. District Council, 90 Civ. 5722 (RMB).
This report covers the period from December 1, 2013 to December 31, 2013 and sets forth statistics regarding electronic job reporting and related anti-corruption compliance measures established by the District Council’s collective bargaining agreements (“CBAs”) with the Wall-Ceiling and Carpentry Industries of New York, Inc. (“WC&C”), the Building Contractors Association, Inc. (“BCA”), the General Contractors Association of New York, Inc. (“GCA”), the Floor Coverers Association of Greater New York, Inc. (“FCA”), the Contractors Association of Greater New York (“CAGNY”), and the Cement League, Inc. (“CLI”).
(John's note: The boxes at the end of Exhibits A and B show the bottom line on steward compliance. Also can someone try dissecting this report and post what it means, maybe I am stupid but I don't understand what this report is trying to say).
Tuesday, December 17, 2013
THE SIXTH THIRTY-DAY REPORT REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES
(John's note: Can someone try dissecting this report and post what it means, for the life of me I don't understand what this report is trying to say).
The District Council submits this Sixth Thirty-Day Report pursuant to (1)the Decision&
Order entered on May 8, 2013 , (2)the Order entered on June 11,2013, (3) the Order entered on July 16, 2013, (4)the Order entered on September 3, 2013 , (5) the Order entered on September 12, 2013, and (6) the Order entered
on October 23, 2013 in United States v. District Council, 90 Civ. 5722 (RMB).
This report covers the period from November 1, 2013 to November 30, 2013 and sets forth statistics regarding electronic job reporting and related anti-corruption compliance measures established by the District Council's collective bargaining agreements ("CBAs") with the Wall-Ceiling and Carpentry Industries of New York, Inc. ("WC&C"), the Building Contractors Association, Inc.
("BCA"), the General Contractors Association of New York, Inc. ("GCA"), the Floor Coverers Association of Greater New York, Inc. ("FCA"), the Contractors Association of Greater New York ("CAGNY"), and the Cement League, Inc. ("CLI").
Sunday, December 15, 2013
Judge Berman sets January 28, 2014 conference to discuss new agreements
District Council is requesting that Your Honor schedule a conference on issuing an Order similar to those earlier Orders with respect to CBAs providing for full mobility, electronic reporting of job sand hours,anti-corruption compliance features for two separate collective bargaining agreements ("CBAs"), between the District Council and the Association of Concrete Contractors of New York, Inc. ("ACCNY”) and CBAs with the General Contractors Association of New York, Inc. ("GCA").
Sunday, August 18, 2013
Delegate Body Ratifies New Floor Coverers Contract
The Delegate Body ratified a new 4-year Floor Coverers contract this week.
Please see attached agreement and side letter
Floor Coverers Agreement
Side Letter
Roll Call Vote
Thursday, August 15, 2013
Carpenters Receive Wage & Benefit Increase
The New York City District Council of Carpenters’ Delegate Body on
Wednesday, August 14, 2013 ratified by a roll call vote a $2.40 per hour
contract wage and benefit increase to begin August 20, 2013 for the members working under the
following collective bargaining agreements.
Building Contractors Association (BCA),
Independent Building and Construction Agreement, and
The Association of Wall-Ceiling and Carpentry Industries (WC&C).
Carpenters working under these agreements accounted for approximately
10 Million Hours of work within the past 12 months.
The $2.40 per hour wage and benefit allocations are as follows:
- $0.80 Increase to Hourly Wages
- $0.80 Increase to Welfare Fund
- $0.80 Increase to Annuity
Monday, August 5, 2013
Judge Berman Denies Bilello's Appeal
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| Clueless Bilello, You're fired! |
On Monday, April 29, 2013 Bilello, the former disgraced 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 (a story we broke on March 23, 2013) and letting a suspended union member work at the Javits Center and then lie about it.
Among other things Berman wrote, "Having reviewed the record herein, "the RO’s April 29, 2013 Veto correctly concludes, with respect to Specification 1, that from on or about July 1, 2012, through March 12, 2013, Bilello failed to abide by Section 21 of the District Council Bylaws and caused or attempted to cause employer compensation for members totaling more than $900,000 to be directed to the New York City District Council of Carpenters Welfare Fund.
Bilello contends that Specification 1 is “unreasonable” because, while “before the week of March 20, [2013] he had not taken note of § 21’s terms,” (Bilello Petition at 8), the Delegate Body approved his actions on March 27, 2013 nunc pro tunc, “curing any prejudice from this procedural oversight.”
The RO responds (persuasively) that Bilello’s action was more than a mere “procedural” oversight. “Allowing Bylaws to be disregarded, especially based on past practices, [i.e. historical pervasive mismanagement in the Union], would undermine the reform efforts undertaken pursuant to the Consent Decree and the Stipulation and Order.”
Monday, July 22, 2013
Cover letter and 30-day report and exhibits submitted to Judge Berman by the DC
Dear Judge Berman; As you know, this firm represents the New York City and Vicinity District Council of Carpenters (“District Council”).
Following up on the discussion held during the Court’s conference on July 16, 2013, the District Council on this date has filed its Second Thirty-Day Report, and accompanying exhibits, pursuant to Your Honor’s May 8, 2013 Decision & Order (Doc. 1315) and more recent June, 11, 2013 Decision & Order (Doc. 1332). A courtesy copy of the Report, with its exhibits, is enclosed.
As discussed within the Report, the District Council anticipates that within the next several days it will file an amended Second Thirty-Day Report with updated data and statistics.
Saturday, July 20, 2013
Court Transcript from the oral argument in the Bilello veto matter
Below is an excerpt from Thursday hearing regarding the Bilello veto matter
THE COURT: So the purpose of today's proceeding is to
have a brief oral argument, I believe counsel requested, with
respect to this matter involving Mr. Michael Bilello. So I am
happy to hear briefly from each side. You don't really need to
repeat a lot of what is in your briefs. I have the briefs, or
your written submissions. But if you want to touch on some
high points, that is fine.
MR. WALSH: I think, without hesitation, that the
notion that a member of this union and the top fiduciary of
this union can willfully lie in an investigation conducted by
an appointee of the district court is appalling. I assign
great significance to that specification.
When Mr. Petrillo says Mr. Bilello is not superman, it
is revealed he is not even a careful man. One of the questions
which we asked all of the candidates for EST was whether they
were familiar with the bylaws that had been implemented in
August of 2011 and there were people who I did not approve to
run for office because they could not say that they were
familiar with those bylaws.
In Section 21, the question of the allocation of those
payments to the welfare fund, what Mr. Petrillo talks about in
that interim report was my strong recommendation that the
welfare fund needed money, that the costs were excessive and
any bit of income was a good thing. The document that
Mr. Bilello, Mr. Cavanaugh signed and submitted to the benefit
funds in June of 2012 was never submitted to me for review. I
could indeed have made the argument that they failed to follow
the stipulation and order by giving me prior notice, and the
entire framework of the stipulation and order is based, with
respect to the District Council, on the giving of prior notice.
There are too many moving parts.
I was not given notice of that unilateral application
of asserted authority by Mr. Bilello. If I had been given
notice of it, perhaps the outcome would have been different.
But as we pointed out in the papers, I am not counsel to the
District Council, I am not an advisor, and I am certainly not
there to tell them to watch out for every pothole that they may
be about to drive over in their daily affairs.
The fact is that over $900,000 was allotted to the
welfare fund, which was not money that the welfare fund had to
give back should the nun pro tunc vote have gone the other way.
And if the delegates had decided they wanted that money as
income, the chances are they would not have gotten it back.
There was no obligation for the welfare fund to return that
money.
With respect to the reading of the minutes of the
funds, it is easy to characterize that as a minor matter, but
it is not a minor matter. The executive committee of the
District Council needs to be informed about the affairs of the
benefit funds because this union is in a struggle. The
District Council is out front trying to organize non-union
companies, trying to organize non-union workers. They need to
be apprised of the urgent problems confronting the benefit
funds, as this court knows and as we have discussed on many
occasions the problems confronting the benefits funds.
I attended many of those executive committee meetings
where it was apparently much more important that correspondents
from the Boy Scouts and various district councils and local
unions seeking to fill tables at dinner dances be read to those
trustees, to those executive committee members, and I think the
priorities were all wrong in that regard.
It is easy to characterize each one of these
specifications in a certain way.
The reality is that the
careful EST, the careful fiduciary consults with counsel. The
general counsel for the District Council has an office right
next to the EST. He is available basically five days a week
and certainly 24 hours a day by telephone. If Mr. Bilello had
been inclined to consult him, perhaps we would not be here
today.
Wednesday, July 17, 2013
Judge Berman approves GCA CBA and schedules hearing on the DC’s electronic data entry program
Below is an excerpt from Judge Berman's Order approving the GCA CBA and scheduling a hearing on the DC electronic time entry and compliance program
The Court hereby grants the District Council’s application and approves the CBA between the District Council and the GCA, including its provisions regarding full mobility and anti- corruption technology mechanisms.
The Court has been informed that the technological (anti-corruption) components that are contained in the May 8, 2013 CBA between the WC&C and the District Council and the June 11, 2013 CBA between the BCA and the District Council appear to have been poorly implemented to date. Because of this, the Court has set a hearing for September 3, 2013 at 9:00 a.m. to examine the implementation process in some detail with responsible individuals.
RO expresses strong concern about the DC’s electronic data entry program
Below is an excerpt from yesterday’s hearing on the GCA Agreement, in which Review Officer Dennis Walsh expressed his strong concern about the DC’s electronic data entry program
Mr. Walsh: You can, in a very straightforward way, see what the ratio is of reported counts to unreported counts, and anyone who looked at this can plainly see that there are issues in the District Council's getting stewards to report their time either by the devices that have been given to them by the District Council or by the telephone message or by logging onto a computer of their choice, and perhaps Mr. Murphy has some more accurate data than what's been provided to me, but there are very few instances that I see where we get anywhere near 90 percent reporting on these key three-man or more jobs. And I view this as a grave problem for the District Council. I view it as a failure of leadership by the District Council in providing written policies and indeed warnings to stewards.
This compliance component of all of these contracts is vital to the contract itself, that the linchpin here is the ability of members to log on and see the amount of time that has been reported for their jobs. Without that ability, this compliance program falls into the ground, and the District Council has got to get this squared away.
I cannot endorse implementation of the GCA agreement without some assurance from the District Council that they are all over this problem, that they have written policies for stewards that informs stewards that there will be consequences, indeed disciplinary consequences, if they don't get their time in and allow the members the ability to log on and check that time for themselves.
Mr. Murphy has this data. I think it's very troubling. I think that the senior leadership in the union needs to work with the director of operations and the director of the business center to get these policies in place. They need to call the stewards who have not entered their time, in some cases well past the 48 hours that was contemplated by the collective bargaining agreement itself, and they've got to tell these men and women that they have to get their time in or they will be taken off the jobs as stewards or they will be decertified indeed as stewards representing the District Council.
Saturday, July 13, 2013
MWA Strike Day 12 at the Somerville Company facility
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| For more MWA Strike coverage see Facebook |
Wednesday, July 3, 2013
Neither side budging in carpenters strike
By TESSA BERENSON
Hundreds of union carpenters went on strike this week over a contract dispute in a move that threatens a number of ongoing projects in the city.
The strike comes after over a year of contentious contract negotiations between the New York City District Council of Carpenters and the Manufacturing Woodworkers Association of Greater New York, an association of contractors. The carpenters' contract expired June 30, and they have balked at the association's request for a 10-year deal with lower benefits and a wage freeze on the cabinetmakers and wood installers, 350 of whom stopped working Monday to protest.
Stephen McInnis, president of the District Council of Carpenters, has said the union would agree to a 10-year contract with wage negotiations possible, but won't compromise on benefits.
"We feel we've made a number of concessions throughout these negotiations, and we just can't concede any more," said Kwame Patterson, a spokesperson for the carpenters. "There's no more to give."
The contractors, however, believe the district council prematurely halted discussion. "They called a strike immediately when the contract expired," said Catherine Condon, an advocate for their association. "We were in negotiations and they just took a hard line."
Ms. Condon said settling on a contract is crucial to the survival of the unionized woodworking industry in New York, and blamed the industry's loss of market share on union workers doing jobs for nonunion contractors. "One of the reasons for the [industry's] decline is that union installers have been installing work in Manhattan that is made by nonunion shops," she said. "We are constantly competing with nonunion workers so at the moment we're just trying to get a contract that will make for fair competition in New York."
A consultant to developers in the city said as nonunion contractors have taken on more complicated jobs in the last several years, the carpenters have become increasingly desperate for work, causing some to resort to nonunion gigs, thereby accelerating the trend.
"The union guys have been unable to hold out. They’ve had to put bread on the table, and they’re taking more and more nonunion jobs," said the consultant, who requested anonymity to protect relationships in the industry. "The nonunion labor pool is starting to be very competitive in terms of skills with the union workforce because in many respects, it’s one and the same. It overlaps tremendously now."
Ms. Condon urged the district council to resume contract negotiations and end the strike. "Let the men go back to work," she said. "Let them get paid."
But Mr. Patterson said the strike is necessary despite the financial toll it takes on the workers. "This really hurts [the carpenters'] pockets, but this is the only recourse we have at this point," he said. "We're standing by the phones waiting for [an acceptable contract], but that hasn't come in yet."
For now, both sides are hopeful that the strike will end soon, but neither appears willing to make the next concession. The union said many large construction projects around the city could be halted by the strike, including 4 World Trade Center, General Motors' building on Fifth Avenue and the Time Warner Center at Columbus Circle.
"The carpenters walking off can easily shut down an entire contract, because they have so much responsibility, especially with interior work," the consultant said.
Monday, July 1, 2013
NYC Carpenters Strike for Fair Contract
FOR IMMEDIATE RELEASE:
Monday, July 1, 2013
NYC CARPENTERS STRIKE FOR FAIR CONTRACT
Hundreds of New York City District Council (DC) carpenters went on strike Monday after months of stalled negotiations with one of its largest contractor associations. This strike of more than 350 members will affect major construction projects around New York City and New Jersey.
“Nobody wants a strike, especially during the celebration of our country’s independence, but if we concede any further it would be detrimental to all of our members and their families,” said Stephen McInnis, Executive Secretary Treasurer of the New York City District Council of Carpenters.
The tipping point was the association’s demand for drastic wage and benefit cuts.
The Manufacturing Woodworkers Association of Greater New York (MWA), which employs union members from various District Council locals, demands a wage freeze and a second-tier employee system with lower wages and benefits.
The DC made a number of concessions to the MWA, both before and during negotiations.
The MWA’s unreasonable position isn’t good faith bargaining, according to union officials. “It’s bleeding a turnip.”
This work stoppage directly impacts more than 350 hard working New Yorkers and their families. Their work includes constructing and installing architectural woodwork and cabinetry, store interiors and fixtures, display and exhibit equipment, and architectural metal products.
Certain construction projects at 4 World Trade Center, the General Motors building on Fifth Avenue and 59th Street and the Time Warner building at Columbus Circle could be potentially halted if the workers remain on strike.
On average, members covered by this MWA contract make approximately $31 per hour with benefits. The council has started a strike fund and an assistance hotline to help its members who are now out of work.
With more than 20,000 members in eight locals, the New York City and Vicinity District Council of Carpenters is one of the largest, most powerful trade unions in the construction industry.
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