N.Y. Labor Leaders May Drop Support of Paterson

By RAYMOND HERNANDEZ

Leaders of some of New York’s most influential unions are discussing abandoning Gov. David A. Paterson as he prepares to run for a full term next year, a sweeping defection that could prove lethal to his hopes of winning his party’s nomination.

The leaders, who represent a broad cross section of labor groups, expressed concern, in a series of interviews, about whether Mr. Paterson, who has been troubled by low job-approval ratings and a loss of confidence in his ability to tackle the state’s financial problems, can rebound in time for next year’s election.

That such conversations are taking place among a constituency that plays such a crucial role in New York Democratic politics signals the tenuous position that Mr. Paterson finds himself in, particularly as Attorney General Andrew M. Cuomo considers the possibility of challenging him in a Democratic primary next year.

Some labor leaders made it clear that time was running out for Mr. Paterson. Without a dramatic improvement in Mr. Paterson’s standing, they said, many labor groups would rally behind another candidate, possibly Mr. Cuomo.

“Time is his enemy,” said Stephen McInnis, the political director for the New York City District Council of Carpenters, who nonetheless reiterated that his 21,000-member organization still worked very closely with the governor. “He and his guys are going to have to pull this together.”

Arlea J. Igoe, the secretary-treasurer of the Public Employees Federation, a 59,000-member organization whose endorsement is up for grabs, expressed a similar view. “Is he going to be a viable candidate in the future?” Ms. Igoe asked. “The sense right now is that he has a long way to go to come back up.”

Tracy Sefl, a spokeswoman for the Paterson campaign, dismissed the idea that labor leaders would desert the governor next year. “The governor has enjoyed strong labor support in every election he has been in,” she said, referring to his years as a state senator. “And he looks forward to working with labor in the 2010 campaign.”

While labor has long been a critical part of the Democratic coalition, some unions have supported Republicans in the past and may do so again under the right circumstances.

But many labor leaders said in interviews that they were committed to keeping the governorship in Democratic hands and were feeling pressure to act much sooner than normal, and to try diplomatically to get Mr. Paterson out of the way before endorsing someone else.

Many contend that taking overt steps to elevate a strong Democratic candidate for governor as early as this fall might discourage a big-name Republican, like former Mayor Rudolph W. Giuliani, from entering the race. Based on recent surveys, Mr. Paterson would lose badly to Mr. Giuliani, while Mr. Cuomo beats the former mayor.

And underscoring Mr. Paterson’s weakened status, nearly 7 out of 10 voters approved of the job Mr. Cuomo was doing as the state’s top law enforcement official, while only 3 out of 10 approved of Mr. Paterson’s performance, according to a poll in late May and early June by The New York Times, Cornell University and New York 1 News.

The possible abandonment of Mr. Paterson by some labor leaders reflects a larger anxiety among Democrats, not just over their chances of maintaining control of the governor’s mansion, but also over the prospect that his problems will hurt other Democratic candidates on the ballot in 2010.

One powerful labor official said he felt it was a matter of time before leaders in the party asked Mr. Paterson directly to step aside for the sake of the party.

“There will be pressures from many quarters, not just labor,” said the official, who did not want to be identified for fear of antagonizing the governor. “Nobody wants a failed Democratic Party in New York — or a Republican governor.”

The power that labor unions have in city and state politics stems from the resources that they can bring on behalf of a candidate or party. The groups can crank out mass mailings, deploy legions of campaign volunteers, set up phone banks and organize rallies — all without any direct cost to the candidates they back.

Labor has also shown itself to be pragmatic. Although former Gov. George E. Pataki was a Republican, many unions either remained neutral or supported him in his 1998 and 2002 re-election efforts, calculating that it was pointless to declare war on a popular incumbent who was favored to win both elections.

This time around, even union officials who defended Mr. Paterson did so in surprisingly measured language.

“I think it’s much too early to write off David Paterson,” said Randi Weingarten, president of the American Federation of Teachers, who recently announced that she is stepping down as president of its New York City local, the United Federation of Teachers, and is perhaps the governor’s best union ally.

Asked directly if Mr. Paterson should step aside in order to potentially pave the way for Mr. Cuomo, Denis M. Hughes, the president of the 2.5 million-member New York State A.F.L.-C.I.O., responded simply, “I don’t know.”

Since taking office in March 2008, Mr. Paterson has spent much of his time in heated battles with union leaders, most recently over his efforts to reduce pension benefits for public employees. The bitterness is a stark reversal from Mr. Paterson’s days as a senator, when he and labor enjoyed a warm relationship.

Relations with the governor have become so damaged, in fact, that Richard C. Iannuzzi, president of New York State United Teachers, said the 600,000-member union’s endorsement was still up in the air. “There’s no question that the governor needs to re-establish a record that shows a commitment to labor,” he said.

Any chance for Mr. Paterson to turn things around was severely hampered, labor officials said, by the power struggle in the Senate, which dragged on for more than a month and re-enforced the perception that the governor is too weak to take control of the agenda in Albany.

Mr. Paterson sought to take control of the Senate impasse by appointing Richard Ravitch, a former chairman of the Metropolitan Transportation Authority, to the vacant lieutenant governor’s position, which could allow him to cast the tie-breaking vote.

But the deadlock in the Senate ended when Pedro Espada Jr., who had allied himself with the Republicans, returned to the Democrats, giving them a 32-to-30 majority.

Now Mr. Ravitch’s role is unclear, after a State Supreme Court issued a preliminary injunction on Tuesday blocking him from carrying out the duties of the office.

Ms. Igoe, of the Public Employees Federation, said the “debacle in the Senate is not helping him at all.”

Carpenters Union Agrees on Pay Cuts

by Matthew Schuerman

NEW YORK, NY June 26, 2009 —Thousands of the city's unionized construction workers have agreed to accept lower wages for the promise of more work. The latest concession goes further than a labor agreement from last month that froze wages and limited overtime.

The Building and Construction Trades Council wouldn't give out any information before deadline on which unions would be affected, but WNYC's Matthew Schuerman has details on one union.

REPORTER: Union officials confirmed that the 21,000 member carpenters union has reduced hourly wages from about $43 to $41, and taken an additional $2 hit off of their benefits package.

The lower wages only apply to a handful of projects that were in danger of stalling. One example is Frank Gehry's Beekman Tower in Lower Manhattan, where developer Forest City Ratner was even contemplating building only half of the original height.

Other trade unions say they will take similar action if it means preserving their members jobs.

CARPENTERS UNION ENDORSES BLOOMBERG FOR MAYOR

Looks like they're coming out of the woodwork to support Mayor Bloomberg.

The New York City District Council of Carpenters, which has over 25,000 members, announced this morning that it is endorsing Bloomberg for re-election this November.

"Mayor Bloomberg has the skill and experience to lead New York City through difficult times," Michael Forde, the union's Executive Secretary Treasurer said in a statement.

"Over the last four years, Mayor Bloomberg has been a fighter in our corner. He has made job creation ... a priority issue, and because of that, members of the carpenters' union -- and their families -- have been able to weather this difficult economy far better than our counterparts in other parts of the country."

Judge Finds District Council in Contempt - Request System Abolished

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, as follows:

1. The District Council and Peter Thomassen, its president, are adjudge and held in contempt of this court for violating the 1994 Consent Decree by bargaining away the job referral rules.

2. The current Request System, under which contractors have the unfettered right to "request" anyone they want from the out-of-work list, is abolished.

3. Allow the contractor to select particular carpenters for a job up to but not in excess of 67 percent of the total carpenter work force. That percentage is made up of the contractor's 50 percent under the 50/50 Rule, and an additional 17 percent, representing one-third of, and to count against, the Union's 50 percent. The remaining 33 percent of the carpenter work force will be assigned by the Union from the OWL.

4. Restore the six-month provision contained in Job Referral Rule 5(B), so that a contractor cannot request a carpenter and have that carpenter count against the Union's 50 percent unless that carpenter has been employed by that contractor during the previous six months. But under no circumstances may carpenters chosen under Rule 5(B) count against the 33 percent assigned by the Union directly from the OWL.

This resolution is fair and equitable because it recognizes contractors' economic and competitive concerns by allowing them to select most of the carpenter work force on any particular project, while restoring the Out-of-Work List as a meaningful source of employment for carpenters seeking work.

To read judge Haight's full order below.

District Council Remedy Order-1(2)

Related:

History Lesson 101.

Memorandum click here.

Union Members Don’t Even Trust Union

by Publius

The New York City carpenters union has been in trouble with the law for many decades. Organized-crime has been endemic with the union for a long time and union chief after union chief has gone to jail over the ties and other corruption. Even shop stewards have gotten into the corruption game with four recently convicted on charges of fraud, conspiracy or bribetaking.

It’s so bad that even the rank-and-file member doesn’t trust the union to legally carry out union business. That distrust was seen again recently with a dispute arising between union members and union leadership over a plan to withhold quarterly benefit checks from members that refuse to sign away greater power to union officials who want to fine members that refuse to fall into line.

The union has a convoluted scheme of taking workers’ vacation pay and placing it in a welfare fund to provide life insurance, hospitalization, medial care, pension and vacation benefits to members. Instead of receiving vacation pay upon returning from a vacation, members are disbursed a quarterly vacation fund check each year. It happened that union chiefs wanted members to sign authorization cards to allow the union to fine any members found not paying into the welfare fund by working jobs off the books.

Many union members, however, are refusing to sign the cards giving the union power to take unspecified and vague “fines” out of their pay.

“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.”

Since many union members were either reluctantly signing or refusing to sign the cards, the union leaders upped the ante by halting benefit payments to any member that wouldn’t sign the card.

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.

Yet, these same leaders that have repeatedly been thrown in jail for cheating the union, stealing union funds, working with the Mob, and any manner of other corrupt practices are claiming the moral standing to fine members for working jobs off the books? It’s these thug union bigwigs that members fear giving the power to begin “fining” members without defined restrictions on what those fines are for. Many members rightly fear that the power once given to the union chiefs will later be misused for any and every reason that those union leaders can imagine.

But, this incident really does show what a union is made of. It proves pretty starkly that union “leaders” don’t care a whit about what the workers want. Even worse, if shows that the workers themselves are afraid of the union itself. These workers are afraid of “retribution” from the leader’s thug armies and from the union’s scorched earth practices.

What sort of “voluntary” organization is it where the members are afraid of the very organization that claims to be speaking for them? Unfortunately, this is the ultimately logical end of any powerful union effort. Eventually, given enough power, all unions end up treating friend and foe alike in an effort to increase its own power.

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

Carpenter Outrage Over Blue Card Signing

Douglas J.McCarron
Carpenters National Headquarters
101 Constitution Avenue NW
Washington, DC 20001


Dear Douglas J. McCarron,

I’m writing you today to report unfair labor practices by the NYCDCC and its fund manager. The NYCDCC is withholding monies that belongs to the rank and file members who refuse to sign their blue card (a card that lacks transparency) and agreeing to assessments/or fines or penalties as designated, or as hereafter designated by the NYCDCC and their Local Unions.

The NYCDCC grossly violated their fiduciary responsibilities toward its members when they resulted to extortion to get us to accept an unpopular policy that they imposed on us from their board of trustees. Also our title I (Landrum – Griffin Act) rights may have been violated as well.

This is why a dictatorship within our Union does not work for the Carpenters best interest. It doesn’t work for our own federal government (we have the Executive, the Legislative and the Judicial) and it doesn’t work for our Union as well. Our forefathers set up the way that we are governed to keep our government honest; therefore they created a system of checks and balances. Our leadership is not greater than that of our country, therefore the NYCDCC should not be allowed to rule with an iron fist to impose policy on its membership without first giving us the opportunity to accept or reject whatever they are purposing.

We the rank and file members of the NYCDCC have a right to a democratic union and a right to have a leadership to work for our best interest according to the Union bill of rights under title I of the LMRDA. I purpose, that a letter be sent to every member of the NYCDCC in good standing, to inform them of a secret ballot vote to see if they want the right to vote on rates of dues, fees and assessments, as well as the right to accept or reject collective bargaining agreements that are negotiated by the board of trustees. Mr. McCarron, our trustees simply cannot be allowed to impose policy on its membership without conferring with its membership for approval. This fiduciary malfeasance has got to stop now.

Peter J. McGuire, a man whom the UBC models itself after, sums it up best when he said: “We organize to assist each other to secure employment for mutual aid in case of sickness or disability, to protect each other’s rights and redress our wrongs, to obtain adequate legislation that will secure our wages from the unscrupulous sharks that infest our trade…”

We the rank and file members of the NYCDCC are not mindless drones Mr. President, we want a voice in our union and a change in the way we are governed; I’m sure a man of your position will champion our cause and right our wrongs. Please Google and monitor this online petition: “Carpenters unite against unfair labor practices by the NYCDCC.”

This ongoing petition represents the rank and file members who want change in the way that we are governed, and a true democratic union amongst other things. Thank you in advance for your consideration and what I hope to be a satisfactory support in rectifying this matter.


Respectfully,

Sheldon Johnson


CC:
NLRB
OLMS
United States Department of Justice
New York State Attorney General
New York City District Attorney Office
U.S. Senate Committee on Health, Education, Labor & Pensions
Rep. Jerrold Nadler
Assembly member, Deborah J. Glick
Assembly member, Richard N. Gottfried
Mayor Michael R. Bloomberg
Governor David A. Paterson
Rank & File Members of the NYCDCC
Various Media Outlets
Board of trustees of the NYCDCC

Construction Unions Agree To Cut Labor Costs

By Theresa Agovino

After six months of discussions, building contractors and unions have reached an agreement to slice labor costs. The problem is that developers estimate the deal will only save them no more than 15%—far less than the 25% they had sought when negotiations began.

Developers had hoped lower labor costs would help bring down a project’s total price tag, making financing easier to achieve amid the credit crunch and recession. Labor accounts for 45% to 60% of a project’s costs. But there are doubts about whether the negotiated cuts go deep enough to make a difference in getting new or stalled projects off the ground.

“It doesn’t seem to go far enough to deal with the problems of today,” says Steven Spinola, president of the Real Estate Board of New York.

The contractors and unions are expected to present a deal that they say will lower costs between 15% and 20%. Developers, however, estimate the savings will only total between 8% and 15%.

“You don’t know how big the savings will be until you bid out the contract,” says Mr. Spinola.

The vast majority of the savings stem from efficiencies from work rule changes, sources say. Unions have agreed to work an eight instead of a seven hour day. They have also agreed to honor a common list of holidays. However, sources said there are few if any wage or benefit concessions.

Many unions were unwilling to take pay or benefit cuts because their members are still working even though construction activity has slowed as projects are completed and there is a dearth of new ones to replace them. Some wondered why unions weren’t more flexible in the face of a dim employment outlook and a real threat from nonunion labor.

For example, the New York Building Congress, a trade group, reported that residential building permits in the first two months of the year reached 576 units in 133 buildings citywide. That is just 20% of the total reached in the same period in 2008 when permits were issued for 2,878 units in 344 buildings. Those figures represent just 13% of the total during the same time frame of 2007, when permits were issued for 4,476 units in 621 buildings throughout the five boroughs.

However, corralling the unions is difficult. The deal covers 25 different unions with 72 different labor agreements. Few of the union leaders were willing to step up and cut their members’ pay without real assurances their sacrifices would lead to more jobs, sources said.

Developers were also disappointed that the agreement won’t be automatically applied across the board. Sources say that instead developers will have to apply to have their project covered by the new work rules. One source says the owners of 14 developments have made applications and that requests will be granted depending on whether the unions believe their concessions will really benefit the project.

The timing of the announcement by the contractors and the unions is still being worked out. Local union officials had traveled to Washington D.C. in recent weeks to have their national organizations sign off on the deal but it is unclear if it has the official okay. Additionally, unions, contractors and developers would like Mayor Michael Bloomberg to attend the press conference they are planning to announce the deal. That means waiting for the Mayor to fit the event into his schedule.

A spokesman for the mayor had no immediate comment. Louis Coletti, president of the Building Trades Employers’ Association didn’t return a call and a spokesman for Gary La Barbera, president of the Building and Construction Trades Council of Greater New York, an alliance of union, declined comment.

In the past, Mr. Coletti has said there are roughly $4 billion to $5 billion worth of construction projects that have been stalled or haven’t started in recent months because of difficulties in obtaining financing. He has said that union concessions could help spur at least some of them forward.

However, building costs are falling even without labor concessions. Construction costs across the city have fallen anywhere from 5% to 15% since just last summer as prices for everything from structural steel to plumbing subcontractors sag along with demand.

Construction Industry Partnership Addresses Threats to Union Construction

Union World Edition: Mar 2009

Developers, owners, labor and management attending the Construction Industry Partnership Conference held in Hollywood, Florida, February 9th & 10th participate in the panel, “What will unionized construction in NYC look like in 2009?.” Moderating the discussion is NYS Building and Construction Trades Council, AFL-CIO President Ed Malloy. Participating in the panel is Local 3 Business Manager Christopher Erikson (4th from right).

At a contentious meeting of the Construction Industry Partnership (CIP) held February 9th & 10th, parties from labor, management and developers openly discussed a plan to combat the threats to unionized construction in New York City.

The event opened discussions regarding the effect the economic downturn has had on the construction industry in New York City and the projects that are threatened. Among the keynote speakers was Larry Silverstein, developer of Ground Zero. He outlined the difficulties being confronted by developers and the need to work together to overcome the economics of development so that construction can continue at Ground Zero and other areas throughout New York.

According to Silverstein, 10,000 construction jobs are in jeopardy at Ground Zero alone. At 7 World Trade Center, 3,000 workers were involved in its construction. “It was the last to fall and the first to be rebuilt,” boasted Silverstein, “however, we need to insure that all of Ground Zero is rebuilt in a timely fashion. It is projected 60,000 families live in downtown Manhattan. The area needs new office space for when the economy rebounds.”

Silverstein estimates that Tower 2 will consist of 3.1 million square feet of space and that Tower 3 at an estimated 1,100 feet tall will consist of 2.9 million square feet and Tower 4 at 975 feet will consist of 2.5 million square feet. “Each will connect with the Fulton Street Transportation Hub,” stated Silverstein.

The construction of Towers 2, 3, and 4 remain at risk according to Silverstein. Funding is drying up due to the economic downturn and slow progress on the public infrastructure is causing cost increases. “Billions needs to be borrowed in order to build; banks are not financing WTC projects. Projected rents are down 30 to 40% which cause banks to reevaluate the terms of their loans to developers,” stated Silverstein.

“We need to reestablish the bottom line on labor costs for banks to be willing to lend. Failure to produce a cost structure will result in not being able to build these jobs. I have been a union builder my entire life,” declared Silverstein. “Presently, Towers 2 & 3 are stopped and Tower 4 is about to stop. We need to work together to obtain whatever cost savings are necessary in order for the financing numbers to work so that the banks will lend to developers in NY.”

NY & NJ Port Authority Executive Director Chris Ward addressed the conference and reiterated many of the concerns ­expressed by Larry Silverstein. He also ­committed the PA to utilizing Building and Construction Trades affiliated workers on all PA work.

Developer Albert Kalimian expressed his need for $120 million in savings to complete the interior of his project at the former Red Cross Building on Amsterdam Avenue with union workers. The veiled threat to go non-union was met with much opposition by participants of the Conference. Many union officials objected to such veiled threats to go non-union as anti-productive at developing the necessary cooperation to combat the effects of the economic downturn.

Panel

One panel entitled, “What will unionized construction in NYC look like in 2009?” brought many of the issues confronting the industry to the front. The panel was moderated by Ed Malloy, president of the NYS Building and Construction Trades and included Local 3 Business Manager Christopher Erikson, ­Executive Director of the General Contractors Association Denise Richardson, Executive Director of the District Council of ­Carpenters Mike Forde, Building Contractors Association President Steve Alessio, Plumbers Local 1 Business Manager George Riley and General ­Counsel Building Contractors Association of NY Ray McGuire.

Local 3 Business Manager Christopher Erikson (center) along with Executive Director of the District Council of Carpenters Mike Forde (left) and Steve Allessio, President of the Building Contractors Association, participating in the panel “What will unionized construction in NYC look like in 2009?”

The panel at times had heated discussions regarding the present circumstances the building trades are confronting regarding the demands of employers and developers for a 25% cost reduction.

Denise Richardson reported that the general contractors she represents are presently busy but that work is scheduled to finish within a year and that projected work has dropped off significantly. She pointed out that out of the Federal stimulus package, only $3 billion is going to New York State with less than $1 billion to New York City. Eighty percent of her members’ work is government funded and that it is questionable, with the loss of tax revenue, if infrastructure work presently projected will go forward.

Business Manager Erikson pointed out to those in attendance that unlike many of those present who have not experienced unemployment recently, Local 3’s members have not experienced full employment since the terrorist attack on the World Trade Center. “We have a furlough program that shares the work opportunity among our membership. Our members are more productive than at any time in our history. He reminded everyone that the union cannot create the work yet we are being asked to do just that today by imposing upon ourselves up to 25% reductions in our costs. Perhaps rather than an across the board PLA, we need to pick one project and develop a PLA that will make it a success and then use that as a prototype for ensuring the success of other projects.

Steve Alessio stated that unless he sees a change he will not be present next year. “I will no longer walk away from the $100 million of work that was lost to non-union in 2008. I will use open shop if I must to stay in business.”

George Riley of the Plumbers Local 1 was optimistic, stating “that by working together we can and will meet the challenge. We can’t just agree to wage cuts and other adjustments. The Union movement is a democratic movement which requires the assent and cooperation of our members. Change takes time. We are all willing to embrace new construction techniques, technology and increased organizing activities to confront the present threat.”

Ray McGuire of BCA, unlike Riley, was pessimistic citing historical trends that indicate trade unions in decline. In response, Local 3 Business Manager Erikson stated over the last eight years his members have worked over 20 million man-hours annually and he finds it difficult to believe that there is an additional 20 million-man hours annually being performed non-union.

Developer Larry Silverstein addressed the participants of the CIP Conference.

Commitment to PLA

On the second day of the Conference the leadership of labor, management and developers announced they are committed to working together to confront the challenges expressed during the previous day. The tone changed markedly to one of mutual cooperation to overcome the present obstacles.

Announced by all was the intent to select six (6) projects presently threatened, to go forward and develop a project labor agreement that would hopefully become a prototype for a city-wide PLA for threatened projects.

Gary LaBarbara, president of the New York City Building and Construction Trades Council (BCTC) and Lou Colletti, executive director of the Building Trades Employers Association (BTEA) committed their organizations to work in cooperation in ­developing the project labor agreement.

Denis Hughes, president of the New York State AFL-CIO outlined the situation in his address. “We are in difficult economic times. We must make meaningful accommodations to succeed. I would suggest the industry identify 4 to 6 projects where financing is threatened, where a PLA could be agreed to by the end of February 2009 and become the prototype for future projects in need of help.

In addition the BCTC and BTEA must commit to one another their intention to work together and eliminate any lack of trust that may exist that one is not as committed as the other.
We should adopt a code of excellence that will build confidence among the developers, lenders and customers in their usage of BCTC and BTEA members.

We must insure that non-productive work practices will not be tolerated. Non-productive workers will be pressured by their peers and urged to be productive.”

Lou Colletti stated that “survival is what is at stake. Our world is collapsing; we have no new work! If we have no work there is no work for our Union partners to work on. We must take drastic action in order to survive. The demands being made for cost reduction is not coming from the employers of union labor but from the banks. As Larry Silverstein stated, banks are not lending monies to developers/builders. Equity in property is less than the financing needs on new projects and banks are looking to take back funding on existing projects due to re-evaluation of the original financing commitments. Labor equals 50% of total cost of construction and some relief must come from that sector of the industry.”

Local 3 Assistant Business Manager Raymond Melville poses a question to NY&NJ Port Authority Executive Director Chris Ward at the CIP Conference.

“There are no guarantees,” stated Colletti, “The contractors are not making the decisions, the banks are. In response to the concern that only union labor is taking the brunt of the cost reduction it is important that everyone understand that contractors have laid off 10 to 15% of their project managers and support personnel. Profit margins have evaporated and no longer exist. Many projects are done at cost. Contractors have forgone salaries and those who remain employed have seen their wages frozen, salaries reduced and reduced contributions to 401(k) plans.

The problems being confronted are industry-wide and industry-wide solutions must be developed. The commitment to a PLA to address the needs of the industry is the first step in the right direction.”

Alan Keyes: Stop Obama or U.S. will Cease to Exist

Strikebreakers

Deal to Cut Costs Is Close For Builders and Unions

By CHARLES V. BAGLI

Reeling from the real estate downturn in the city, construction unions and builders are edging closer to an agreement that they say will reduce labor costs and enable at least some of their projects in Manhattan to proceed despite the weak economy.

The stakes are high for both sides. Developers, who paid record-breaking prices for land during the boom years, are now desperately seeking ways to cut their costs and keep projects alive.

The unions, in turn, are eager to keep their members employed and to retain their traditional dominance over large-scale projects in New York. Yet many are reluctant to give up hard-won wages and benefits.

Some construction managers and union officials involved in the negotiations say that the pending agreement on work rules, wages and benefits would cut labor costs by 15 to 20 percent, but not the 25 percent originally sought by builders. Many involved are loath to discuss it publicly for fear of blowing up the fragile talks with the union construction trades, all of which are covered by contracts. The carpenters and the electricians have been much more willing to bend, union officials and contractors say, than the steamfitters and the operating engineers, the highly paid operators of cranes, bulldozers and other heavy equipment.

Some developers, however, are skeptical that any agreement will translate into substantial savings. Some doubt whether even a 25 percent reduction would be enough to salvage a residential project when rents have dropped by a third or more.

“A lot of my developers are concerned that it doesn’t go far enough,” Steven Spinola, president of the Real Estate Board of New York, said of the proposed agreement. “But we’re grateful discussions are taking place.”

Among the developers pushing for a deal are Larry Silverstein, who is building at ground zero, Stephen M. Ross, who has a slow-moving project on 42nd Street at 10th Avenue, and the Milstein family, which has a project under way at Battery Park City.

The three people at the center of the negotiations — Raymond G. McGuire, president of the Contractors Association of New York, Louis J. Coletti, president of the Building Trades Employers Association, and Gary La Barbera, president of the Building and Construction Trades Council of Greater New York, an alliance of unions (replacing Edward J. Malloy) — did not return calls requesting comment.

“Industry leaders,” said James A. Parrott, chief economist at the union-supported Fiscal Policy Institute, “should be seeking help from Washington to retain construction jobs and maintain wages, benefits and safety standards.”

“Our national economic recovery depends on labor and management working together to expand and not weaken the middle class,” he said.

Construction employment in New York City climbed to roughly 130,000 during the boom years. But a report by the New York Building Congress predicts that that number could fall by 23 percent to 100,000 next year.

Nonunion projects are showing up in what has been a union bastion: Manhattan. The Atlantic Development Group is putting up an 89-unit apartment house at 10th Avenue and 23rd Street in Chelsea with nonunion contractors. And at a union job on the Upper West Side, the Chetrit Group and Stellar Management took the highly unusual step of asking contractors for new bids on three 15-story buildings already under construction on Columbus Avenue, between 97th and 100th Streets. Developers and union officials expect nonunion contractors to take over the project.

“Our main goal was to continue with the project and keep as many people working as possible,” said Jeff Gdanski, a vice president at the Chetrit Group.

Bruce Ratner, a developer who traditionally builds with union contractors, recently stopped at the 38th floor of his planned 76-story Beekman Tower in Lower Manhattan, threatening to cap the building at 40 stories if construction unions did not accept concessions on wages and work rules.

Mr. Ratner, who is not involved in the current negotiations, stopped work for three months early last year while he scrambled to obtain $680 million in construction financing. At that time, he decided to switch from condominiums to rentals. In another cost-cutting move, he modified the design by the architect Frank Gehry, using a standard curtain wall instead of one that would seem to be undulating, on one of the tower’s eight sides.

It was not so long ago that major Manhattan developers and their lenders worried little about these things, figuring that rents and sale prices would gallop well ahead of the surging cost of land, concrete and steel.

But the cityscape is now littered with half-finished towers that have run into financial problems. Construction managers say that developers are stuck with land costs of $400 a square foot or more, up from $200 five years ago.

In January, developers and construction managers who often use union contractors began talking about a citywide agreement on wages, work rules and benefits. Developers and managers say they prefer union contractors, despite their higher wages, because they provide highly skilled workers.

“This year is not too bad,” said one union official who insisted on anonymity because he was not supposed to discuss the talks. “But 2010 is looking like we’re going off the ledge.”

But many unions have balked at wage cuts, particularly those who have not suffered layoffs, like cement workers and operating engineers. Some contractors have also questioned the value of the concessions that some unions have agreed upon, even ones that have been verified by consultants. There was talk of a compromise for a select group of six projects, including those owned by Mr. Ross, Mr. Silverstein and the Milstein family.

Executives and labor officials who have been briefed on the latest discussions say the unions may agree to consider projects on a “case-by-case” basis for a special “project labor agreement” that would save developers whose projects are otherwise not viable up to 20 percent on the current labor contracts.

Unions Were His Game

Louis Moscatiello, an innovative wiseguy who for four decades has embodied the sophisticated labor racketeering prowess that is the hallmark of the powerful Genovese crime family, died this week while serving a 78-month sentence for bribery and other racketeering charges. He was 73.

Moscatiello, whom the feds labeled an acting Genovese capo when he was charged with being the family’s point man in its control over Locals 14 and 15 of the International Union of Operating Engineers, died Monday at a federal prison hospital in Butner, North Carolina. He was transferred there from a federal prison in Ft. Dix, N.J. last month, but officials declined to release any information about his illness, or cause of death. He was slated to be released in December.

Moscatiello was a politically connected real estate and insurance broker from the Bronx who once even ran for New York’s City Council. He gravitated to the construction industry in the 1970s and ended up controlling unions that represent the city’s operating engineers, carpenters and plasterers.

Politicians were glad for his fundraising help. When prosecutors won wiretaps for his phones in a 1980’s labor racketeering case, detectives listened in on long and friendly discussions the mobster had with state senators and congressmen.

Following his indictment in the Operating Engineers case in 2003, Moscatiello mused about the good old days before the FBI and federal prosecutors began its all out assault on the mob.

“I don’t know what the government wants from us,” he said, according to one source. “They take away the unions, they take away the gambling, the loansharking…What do they want us to do, go stick up liquor stores?” 

His attorney, Lawrence Hochheiser, (left) told Gang Land he was saddened by the news. “He pleaded guilty but he never put any money in his pocket. He was a modest man of modest means who lived in a modest house. His interest was in getting jobs for people who wanted to work.”

Fear and Grouting In New York

by Eliot Brown

Each February, southern Florida traditionally gets a fresh injection of hearty New York accents, as the city’s construction industry temporarily transports itself to the oceanfront city of Hollywood for an annual summit of unions and contractors, among others.

In recent years, when the building boom overwhelmed contractors and unions with more work than anyone knew how to handle, the mood at the beachside Westin Diplomat Resort and Spa was an uplifting one.

But with the economy in shambles and almost no new work on the horizon, labor and management leaders felt a need to devote much of the Construction Industry Partnership of New York conference to discussion on how to cut the price of building in the city.

In recent months, talk of reducing costs has dominated the efforts of union and contractor leaders, as both have been seeking a citywide agreement to cut the high labor costs through streamlining. The next few weeks will likely prove critical in this effort, as many involved in discussions say unions and contractors are aiming to reach an accord on cost-cutting measures for a handful of major projects in the city that risk delay.

The level of construction in New York is soon to drop off a cliff, a plunge that will leave many a contractor and union member desperate for work. While construction is still at relatively high levels as projects move toward completion, the economic collapse and accompanying credit freeze has dried up the once plentiful well of new work, as even those developers still willing to build apartment towers cannot find banks willing to lend.

“If you talk to the major general contractors and construction managers today,” said Ray Quartararo, a director at Jones Lang LaSalle, “most of them are O.K. through the majority of 2009; 2010 is when they really have a problem because they don’t have backlog.”

All corners of the industry are eager to see work continue, so numerous groups have come together to hone in on one main factor that is within their control: the cost of labor.

Labor can comprise about 50 percent of the cost of a construction job, so developers have warned that without major drops in costs—25 percent is the target—those few current projects on the books may have to be scrapped.

Stephen Ross, the chairman of the Related Companies (and of the Real Estate Board of New York), is apparently adding pressure. In late January, he told executives at a REBNY event that if costs were not successfully cut, the economics of the project could force him to build his planned 58-story tower on 42nd Street with non-union labor, according to numerous people familiar with his remarks. While a complete non-union job would probably be difficult or impossible for the project, using even a handful of non-union subcontractors would be highly unusual for a tower of that size. Some in the industry worry the project could be stalled altogether given the changing financial climate.

Mr. Ross has spoken out previously on the perils of high construction costs in the city—most recently at a Crain’s summit on the economic crisis earlier this month—and is strongly urging the cost cuts for both public and private projects.

OF COURSE, developers have long wanted to slash construction costs, which are generally 30 percent to 60 percent higher than in other major American cities, in large part due to the labor costs (a Building Congress study last year found that New York high-rise construction can be more than twice as costly per square foot than Chicago). Non-union labor is substantially less expensive, but the largest general contractors only use union labor, and non-union contractors are generally viewed as too inexperienced to handle large high-rise projects.

When times were good, developers’ efforts were all but ignored, as neither contractors nor unions had any immediate incentive to tighten their belts given a constant flood of work. But with a dearth of new jobs, interests are better aligned across the industry to try to make New York construction costs more manageable.

“I don’t know if any one thing is going to make any difference,” said Steven Spinola, president of REBNY. “But I do want to be prepared in case the world changes again and people have the ability to start investing and doing projects.”

Specifically, developers and contractors are pushing to streamline onerous labor requirements in union contracts. The management side, represented by the contractors, views many work rules as archaic: For electrical subcontractors, among others, labor contracts require whole sets of “standby” workers to be paid full time in case of equipment failure—a position that managers say is outdated and unnecessary.

“There are absolutely rules that are tantamount to featherbedding,” said Jeffrey Levine, chairman of Douglaston Development and Levine Builders, adding that the unions have shown willingness to remove some of those rules. A citywide agreement to lower costs, Mr. Levine said, “is so much needed from the perspective of us as developers.”

There is also a push to standardize working hours as each trade group—unions representing electrical workers or steamfitters, for example—has its own set of working hours that do not always match up. Changes to wages and benefits do not appear to be under discussion.

Both labor, represented by the Building and Construction Trades Council’s new president, Gary LaBarbera, and contractors, represented by Lou Coletti of the Building Trades Employers Association of New York, say they are united in their desire to see costs come down. But an accord on a citywide pact has proved elusive since discussions started in November, a testament to the tremendously complex nature of the rules and labor structure in New York. On the union side, there are the local trades unions such as the Carpenters, Roofers, Masons and Bricklayers—each of which have their own multiyear labor agreements with a corresponding contractors’ association.

While some individual unions might agree to provisions that differ from their existing labor agreements—such as eight-hour workdays or double time on weekends—the agreement sought by labor and management leaders would require consensus across the board. Different unions and contractors have varied amounts of work right now, which would influence their willingness to give concessions.

Most of the cuts have been targeted on the labor side, though there seems to be a desire on that side to see greater concessions from contractors.

“They got lazy, fat and daisy, too,” over the past few years, one labor official said of contractors. “They’ve got to really tighten up and look at their business practices as well.”

For labor and contractor leaders, the Westin Diplomat in Florida was dominated by heated meetings on the issue, and now those involved in discussions say there is an effort to create a cost-cutting “project labor agreement” for a handful of commercial and residential projects that have been delayed by the economy.

The few individual projects, said Mr. Coletti of the contractors’ group, ideally would create a template for a broader cost-cutting agreement on public and private projects citywide—the initial goal all along.

“We need to get started,” he said Tuesday. “We’re looking for this handful of projects that we could get started so we could prove that these changes had an impact.” Broad cost cutting, he added, “would start so many projects that have been delayed.”

Those involved in discussions have said about $5 billion in projects have been stalled or stopped amid the economic crisis, far more than the federal stimulus would bring to the construction industry locally, for instance.

As for timing, Mr. Coletti and others are striving for the end of February to reach an accord on the labor agreements for the individual projects.

Construction Projects Drying Up Across City

The economic outlook is having a direct impact on construction projects across the city as layoffs continue to make their presence known. NY1's Tara Lynn Wagner field the following report.

One constant in New York City is the constantly changing skyline, with construction sites and cranes dotting the horizon. But those sights may soon be fewer and farther between.

"Because of the lack of financing and because of the economic conditions a lot of the buildings that were proposed to be built are not being built," said Stephen Kliegerman, Halstead Property.

Louis Coletti of the Building Trades Employers Association says these casualties of the financial meltdown are causing a tremendous ripple effect throughout the construction industry.

"Many of my contractors have had projects either stopped completely, delayed before they started or stopped in mid stream. When that happens people get laid off and lose their jobs," said Coletti.

Coletti says there are 125,000 members of the building trades, and as we get deeper into 2009, he expects 50 to 60 percent of them to be unemployed.

"There's no demand for the construction services my members provide, if there's no demand we have no jobs to hire people for and until you break that cycle we could be facing depression like numbers in the nyc construction industry," said Coletti.

A major part of the problem -- lending. Banks used to require developers to supply 10 percent of a project's costs, but that number has shot up.

"Developers if they are going to build anything right now are looking to put 50 percent to 60 percent equity into a deal right now and no developer is going to do that," said Kliegerman.

As a result, the city department of buildings saw the number of new construction permits drop by a third, from almost 5,000 in 2007 to less than 3,200 in 2008.

"We're hearing layoffs are happening in architectural firms, in engineering firms, that's a really scary process because what that means is nobody is designing new projects," said Coletti.

And keep in mind, no new projects also means no new units to house the extra one million people the city expects to see over the next decade.

In short, Stephen Kliegerman of Halstead Property warns there may be a severe housing shortage, and the skyrocketing costs that go with supply and demand, if the lending spigot doesn't start flowing again and soon.

"If money were to loosen up, it certainly would eradicate some of what we see as the pent up demand for the future and soften what I believe is going to be quite a dramatic inflationary situation in 2011 and 2012," said Kliegerman.

Judge Remedies Councils Contempt Violation - 50/50 Rule, Now 67/33

In the 2001 contract negotiations the NYC District Council violated the 1994 Consent Decree and "bargained away" the job referral rules giving the contractor what they wanted—The unfettered right to "request" anyone they want from the out-of-work list!

The District Council negotiated this shocking contract change without notifying or seeking the approval of the 15-member negotiating team, the 88-member elected delegate body, the rank-and-file who were expressly opposed to the contractor request and the federal government who has oversight supervision.

The District Council had absolutely no constitutional authority to bargaining away the job referral rules. They have abused their authority, violated their oath of office and more importantly violated the trust of the membership they claim to represent.

Bargaining away the job referral rules has turned the out-of-work list into an absurd paperwork dance, where "non-requested" carpenters languish on a phony out-of-work-list and the 50/50 rule as we had known it has been rendered meaningless.

On February 20, 2007 the District Council was found GUILTY OF CONTEMPT by the United States Court Of Appeals for violating provisions of the Consent Decree when they bargained away the job referral rules with the 2001 contract change.

On January 13, 2009 Federal District Judge Charles S. Haight fashioned a remedy for the contempt charge against the District Council restoring fairness back into the job referral rules.

The Court wrote: “This Court, sitting in equity, will not fashion a remedy that is wholly in favor of contractors, while denying any relief to union carpenters for whose benefit the Job Referral Rules were drafted and included in the Consent Decree.”

I conclude that a fair and proper remedy, having in mind the several interests affected by it, will include these elements:

(1) Abolish the Request System in its present form. This will require that the relevant provisions in the 2006 CBAs be declared void.

(2) Allow a contractor to select particular carpenters for a job up to but not in excess of 67 percent of the total carpenter work force. That percentage is made up of the contractor's 50 percent under the 50/50 Rule, and an additional 17 percent, representing one-third of, and to count against, the Union's 50 percent. The remaining 33 percent of the carpenter work force will be assigned by the Union from the OWL.

(3) Restore the six-month provision contained in Job Referral Rule 5(B), so that a contractor cannot request a carpenter and have that carpenter count against the Union's 50 percent unless that carpenter has been employed by that contractor during the previous six months. But under no circumstances may carpenters chosen under Rule 5(B) count against the 33 percent assigned by the Union directly from the OWL.

This resolution is fair and equitable because it recognizes contractors' economic and competitive concerns by allowing them to select most ofthe carpenter work force on any particular project, while restoring the Out-of-Work List as a meaningful source of employment for carpenters seeking work.

To read judge Haight's full order click here.

Related: History Lesson 101.

Carpenters For Caroline

Daily News Blogs

Caroline Kennedy has landed what I believe is her first labor endorsement in her non-campaign for Hillary Clinton's US Senate seat in the form of a statement released today by Michael J. Forde, executive secretary-treasurer of the city District Council of Carpenters.

Forde first praised Clinton and the "hard work" she and her staff have done to date in addressing the economic crisis, adding: "While New York may be losing a great civil servant, the country will be gaining a true leader when Senator Clinton is eventually confirmed as the next Secretary of State."

"This leaves us with the considerable question of who will serve the people of the State of New York as our next U.S. Senator," Forde continued. "The people of New York expect their Senators to be not only tenacious in their representation of New Yorkers' needs, but also to be players on a national scale. History has shown that to be true, and our current situation demands it. Senator Clinton filled that role. Senator Charles Schumer certainly does now and hopefully will continue to long into the future.

Furthermore, the New York State Constitution is very clear regarding the appointment of U.S. Senators midterm. The appointment is solely and unequivocally the decision of the Governor. Governor Paterson has made clear his intention to wait until Senator Clinton’s appointment before making his decision. His rationale is solid and his authority to do so is unquestioned.

This situation has led to a “non-campaign” campaign for the position. We have read about and heard from a number of candidates, many of whom we respect and hold in high regard. One such candidate who has made her intention known to the governor directly and who we’ve met with is Caroline Kennedy. What we discovered in our meeting was that Caroline is someone who is intelligent, easy to communicate with and grasps our issues."

"Having been chosen by President-Elect Obama for his Vice Presidential selection Committee also shows us how she is perceived by the most important decisionmaker in America. Her academic pursuits, published works and years of advocacy underscore a serious and goal-oriented individual. We have found her to be qualified on the two aspects vital to being a Senator from New York: someone who can advocate for New Yorkers' needs and someone who will be a national player."

The Carpenters' political director, Stephen McInnis, said that while the union has heard from a number of the candidates vying for Clinton's seat, Kennedy was the only one who asked for an in-person meeting.

That meeting occurred about two weeks ago while Kennedy was making the rounds of labor leaders with her consultant, Josh Isay, including teachers union head Randi Weingarten, who has also been mentioned as a potential successor to Clinton; and 32BJ President Mike Fishman.

Asked why the Carpenters, who, like Kennedy, are a client of Isay's firm, KnickerbockerSKD, had waited until now to declare their support of Kennedy - coincidentally on the very day when a new poll shows her public push for Clinton's seat has cost her in the public's eye - McInnis replied:

"We feel like she's been kind of unfairly beaten up. You guys in the media have focused 99 percent of your attention on ripping her apart. She'd be a national player from the get-go, and there's only a couple of people being considered by the governor like that. We thought she was impressive, and we wanted to put out a statement to that fact. It was time we made our feelings known."

McInnis said that Kennedy and Isay asked the Carpenters to be helpful back when the meeting took place, but never formally asked for this statement to be released.

Contractor Associations

In progress, this page will list all current agreements.

Building Contractors Association
http://www.ny-bca.com/

451 Park Avenue South
New York, NY 10016
Phone: (212) 683-8080
Fax: (212) 683-0404
Email: NYBCA1@aol.com

Cement League
http://cementleague.org/

49 West 45th Street
New York, NY  10036
9th Floor
Phone:  (212) 575-0950
Fax: (212) 575-4844
Email:  thecementleague@verizon.net
[Located between 5th Avenue and 6th Avenue]

General Contractors Association
http://www.gcany.com/

General Contractors Association
60 East 42 Street, Suite 35-10
New York, New York 10165
Tel: (212) 687-3131
Fax: (212) 808-5267


Greater New York Floor Coverers Association
http://www.nyfloorcoverers.com/

6268 Jericho Turnpike Suite 12A   
Commack, NY 11725 
Phone: (631)486-6600 
Fax: (631)462-1486

Manufacturing Woodworkers Association of Greater New York, Inc.
http://www.mwagny.com
14 Madison Avenue
Valhalla, NY 10595

Email: info@mwa.com


The Hoisting and Scaffolding Trade Association, Inc.

27 Horton Avenue
New Rochelle, NY 10801
Tel: (914) 699-2400
Fax: (914) 699-2609

The Association of Wall-Ceiling & Carpentry Industries
http://www.wcc-ny.com/

125 Jericho Turnpike, Suite 301
Jericho, New York 11753-1022
Phone: (516) 478-5600
Fax: (516) 478-5601
Email: association@wcc-ny.com

Haight Throws Out Dilacio's Lawsuit Against Council

Update 12-15-08--Judge Haight grants District Councils motion to dismiss Dilacio complaint stating the "complaint fails to state a claim upon which relief can be granted."

Click here to read judge Haights December 15, order.

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Former Local 157 Veep Files Lawsuit Against Council

Originally posted on October 1, 2008--George Dilacio the former Local 157 Vice President and Business Agent has filed a lawsuit against the District Council of Carpenters claiming among other things, his termination as Business Representative and the attempt to expel him from membership is part of an overall scheme by the District Council to suppress opposition to and dissent from the membership of the District Council leadership and to prevent him challenging the District Council leadership in the upcoming December 2008 election.

In court papers filed on August 24, 2008, Dilacio charges that his termination by EST Forde was in direct retaliation for his stated and vocal interest to run against Forde. Dilacio also charges that the Independent Investigator Bill Callahan assisted Forde in this scheme to discredit and eliminate him.

In the lawsuit Dilacio is seeking eligibility to run in the district council election, reinstatement as a business agent and compensatory and punitive damages.

Click here to read the full lawsuit.

Also, for the complete, currently up to date docket for 1:08-cv-06959-CSH, Dilacio v. NYCDC of the UBCJA et al. click here.

Related Articles

• Local 157 Supervision
• Dirty Tricks Scandle at Local 157
• Local 157 Has A Day of Reckoning At Hearing- posted December, 20
• Nails in Their Stockings- posted December, 12
• Five Minutes With: Frank Spencer - posted December, 11
• District Council Bulletin-posted November, 30
• New York Times Article-posted November, 27
• Local 157 Officials Suddenly Resign-posted November, 21

2008 District Council of Carpenters Election Results

Preliminary Results

(Not counting the 161 "Challenge" Votes)

Position.......Candidate.Votes...%
Vice President..Musumeci...149...3.7%
...............Davenport...328...8.2%
.................DiLacio...498..12.5%
...................Sheil..2923..73.3%
..............(Withheld).........2.3%

President.........Todman...431..10.8%
...............Thomassen..3326..83.4%
..............(Withheld).........5.8%

EST................Forde..3573..89.6%
..............(Withheld)........10.4%

BREAKDOWN BY LOCAL

Local...........Walk-..Mail-.............%
Union.Eligible.....In.....In..Total..Voted
...20 .....659.....73.....27....100..15.2%
...45.....1898....293.....61....354..18.7%
..157.....3746....492.....70....562..15.0%
..608.....6835....912....169...1081..15.8%
..740......359.....90.....38....128..35.7%
..926.....1870....248.....54....302..16.1%
.1456.....1778....393....256....649..36.5%
.1536.....1118....343.....42....385..34.4%
.2090.....1668....134....106....240..14.4%
.2287.....1119.....90.....50....140..12.5%
.2780.....1544.....35.....12.....47...3.0%

Total....22594...3103....885...3988..17.7%