Contract Negotiations Update: Agreements Reached

Letter to judge Berman, click to enlar

After several contract extensions, the New York City District Council of Carpenters has reached tentative collective bargaining agreements with all contractor associations.

In response to a question posed by federal judge Richard M. Berman at the status conference on November 7, (see transcript below) Review Officer, Dennis Walsh and counsel to the District Council, Brian Quinn submitted a letter on November 10 to judge Berman (see right) outlining the schedule for finalization of collective bargaining agreements, including publication of draft agreements to the membership.

The District Council circulated the agreements to relevant contractors associations last week and the Council has ask contractors' associations to respond in writing by the close of business Monday, November 14, regarding any changes to the agreements.

It is expected that final changes to the agreements will be made the week of November 14, allowing for the agreements to be posted on the District Councils website for review by the membership by Friday, November 18, 2011.

A vote by the newly elected delegates to the District Council is expected to be scheduled for no shorter than two weeks later, or not before December 2, to facilitate review of the agreements by the membership as well as any comments the membership wishes to make to the delegates.

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Carpenters Help Bring Vietnam Wall Replica to New York for Veterans Day

Click to view more photos.

From NYCDC

In honor of Veterans Day, our members helped to build a memorial to the soldiers whose lives were lost during the Vietnam War.  Leading this effort and donating their time and skills, the carpenter team played a key role in erecting the Vietnam Wall replica at the Intrepid Museum.

The travelling memorial, a replica of the Vietnam Wall in Washington, D.C., arrived at Manhattan’s Intrepid Museum on November 7th and is now open and free to the public.  The three-quarter-scale replica stands 8-feet tall, 240-feet long and has the names of more than 58,000 Americans who died during the war or are listed as missing.

Members of the Carpenters Union, many of them Vietnam Veterans and apprentices who joined through the Helmets to Hardhats program, devoted two days to put together the wall, which will be on display at the Intrepid until November 20.

Thanks to all of our members who volunteered their time and skill in memory of those who served.

Court Conference Transcripts of November 7, 2011

THE COURT: So this I think is the date we scheduled the last time for an update as to where things stand. The issues that are typically on the table are elections, delegate and district council, perhaps we can hear about that; bylaws, I don't know if there's much to say about that; the CBA negotiations, probably something to say about that; restructuring perhaps and funds perhaps. But I guess the elections probably we'd start with and see where things are standing with that.

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Local 157 President Faces Possible Veto

Nee faces possible veto.

On November 9, Review Office Dennis Walsh (RO) issued a "Notice of Possible Action" to Local 157 President Pat Nee and is considering vetoing his service as president of the local.

The facts and circumstances under review by the RO DOES NOT involve organized crime associations, violations of the District Council’s Job Referral Rules, giving false answer to questions posed by the RO or lavish and/or improper spending of union members money.

The suspected violation under review involves violations of procedure to Paragraph 5.b of the Stipulation and Order; to wit: President Nee "knowingly and willfully failed to provide notice" to the RO of routine "stipends paid to local union officers" (for executive board meetings) and stipends paid to "election committee members" (for committee duties) and failing to "seek required approval from the membership of Local 157, as well as expenditures for election notices mailed to the membership on September 9th and 14th."

Pursuant to procedures promulgated by the RO, Nee has until November 21, to respond to the notice and suspected violations. Nee was elected president of local 157 on June 22, 2011.

Engineers signal construction rise is coming

More than 60% of the 93 engineering firms in New York that responded to The American Council of Engineering Cos. survey said are optimistic or somewhat optimistic about prospects for 2012.

Twenty out of the Top 25 New York area engineering firms say they've added staff in the last year, and 15 of them have picked up new contracts, in a harbinger of happier times for building industry. 

By Rebecca Olles 

Things may be looking up soon for the construction industry. Engineering firms, widely seen as the bellwethers of the building industry, are showing gains in employment and in the number of their projects. The numbers posted by these outfits, which land contracts on new projects and begin the design work long before the construction industry breaks ground, are surprisingly good.

Out of the Top 25 firms on Crain's list of the New York area's largest engineering firms, no less than 20 reported increases in employment here from 2010 to 2011, and 15 reported an increase in the number of their projects here.

“I think engineering will see some uptick next year and this will translate into more construction projects much later in the year,” said Cyrus Izzo, co-president of No. 23-ranked Syska Hennessy Group Inc.

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Labor Technical College Employment Opportunities

DIRECTOR OF THE LABOR TECHNICAL COLLEGE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS LABOR TECHNICAL COLLEGE
 
The Director of the Labor Technical College, reporting to the Executive Director of the New York District Council of Carpenters Benefits Funds is responsible for overseeing the operation of the Labor Technical College. He or she is responsible for ensuring that the school meets the requirements for training as established by the National Joint Carpenters Apprenticeship & Training Committee, the United States Department of Labor, the New York State Department of Labor Bureau of Apprenticeship, the New York City Department of Buildings, the New York State Department of Transportation and all other government agencies. The Director is also responsible for the oversight of the Grants Department to secure and administer funds received to be used to further the training of pre-apprentices, apprentices and journeymen.

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Occupy Movement Inspires Unions to Embrace Bold Tactics

A recent demonstration outside Sotheby's auction house in Manhattan.

By STEVEN GREENHOUSE 

Organized labor’s early flirtation with Occupy Wall Street is starting to get serious.

Union leaders, who were initially cautious in embracing the Occupy movement, have in recent weeks showered the protesters with help — tents, air mattresses, propane heaters and tons of food. The protesters, for their part, have joined in union marches and picket lines across the nation. About 100 protesters from Occupy Wall Street are expected to join a Teamsters picket line at the Sotheby’s auction house in Manhattan on Wednesday night to back the union in a bitter contract fight.

Labor unions, marveling at how the protesters have fired up the public on traditional labor issues like income inequality, are also starting to embrace some of the bold tactics and social media skills of the Occupy movement.

Last Wednesday, a union transit worker and a retired Teamster were arrested for civil disobedience inside Sotheby’s after sneaking through the entrance to harangue those attending an auction — echoing the lunchtime ruckus that Occupy Wall Street protesters caused weeks earlier at two well-known Manhattan restaurants owned by Danny Meyer, a Sotheby’s board member.

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Five Workers Injured in Brighton Beach Building Collapse

By ANDY NEWMAN and TIM STELLOH

Five construction workers were rescued from a five-story apartment building under construction in Brighton Beach, Brooklyn, that collapsed on Tuesday afternoon, trapping them beneath debris.

One worker was in critical condition and two were in serious condition, the Fire Department said.
There were no workers missing.

The building, at 2929 Brighton Fifth Street, near Neptune Avenue, fell just before 2:30 p.m.
A concrete worker on the site, Robert Approbato, 53, said the collapse happened immediately after concrete from his truck was pumped up onto the second and third floors of the building.

“Before you know it, it just collapsed,” said Mr. Approbato, whose truck read “Stillwell Ready Mix.” “It sounded like the second floor collapsed and the third floor followed.”

Dozens of firefighters swarmed the scene, digging frantically at the rubble. One man pulled from the debris on a stretcher around 3:10 p.m. was conscious and moving.

The critically injured man was taken to Lutheran Medical Center.

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Winning West Side story

Nearly a full square block on the far West Side of Manhattan is being transformed into 1,200 units of housing that will be the largest new construction project in the borough under the city’s affordable-housing program, Mayor Bloomberg announced yesterday.

The $555 million project includes 682 apartments reserved for families earning between $32,720 and $134,970, as well as a new PS 51, replacing a smaller existing public school on the property.

Completion of the residential portion, including a 31-story tower, is scheduled for 2014. The project will create 2,900 desperately needed construction jobs. City Council Speaker Christine Quinn said the four-acre property at 45th Street between 10th and 11th avenues had been condemned in 1975 and, luckily, was rezoned for residential use in 2005 after plans for a sound stage and studio complex were scrapped.

The Gotham Organization, the developer, is bracing for 5,000 to 10,000 applications once they become available next year. (visit source article) 

Subcontractor accused of underpaying union workers during job at Staten Island's New York Container Terminal

By Eddie DAnna

STATEN ISLAND, N.Y. -- The subcontractor providing asbestos abatement services on a project to demolish buildings at New York Container Terminal in Mariners Harbor is accused of swindling union workers out of approximately $120,000 in benefits.

Richard Efferen, 53, a Bronx resident and the owner and operator of Atlas Engineering & Maintenance Co., was arrested this afternoon, after an investigation revealed he falsified payroll records and failed to pay the legally-required prevailing wages for 25 union workers, authorities say.

From January to July 2009, Efferen reported he was paying the wage to the workers.
While he did pay them their hourly rate, he pocketed approximately $120,000 that was supposed to be sent to the Mason Tenders District Council for benefits, authorities allege.

The prevalent wage consists of two components -- the hourly salary, which his paid directly to workers, and the component for fringe benefits to be remitted to the Mason Tenders.

The investigation was conducted by the Port Authority Inspector General, in conjunction with the office of District Attorney Daniel Donovan.

Efferen has been charged with second-degree grand larceny, and six counts of making a punishable false written statement.

He is expected to be arraigned in Stapleton Criminal Court this afternoon.

Infractions against Prevailing Wages Endure

by Marc Bussanich

Assemblyman Keith Wright, who represents District 70 in Harlem, told the audience of building trade union leaders and employers gathered for a meeting of the Prevailing Wage Council that “we have to make sure that the building trades is truly reflective of New York’s diversity.” He noted that when he walks the streets of his district, “where the unemployment of black men in low-income areas can be as high as 50 percent,” people walk up to him and tell him they need work. But the majority of faces listening to him from their seats were white.

Wright said the Prevailing Wage Council is the only forum that exists in the state for pay equity. New York is one of 32 states, according to the Associated Builders and Contractors, Inc., which feature a prevailing wage law for publicly-financed projects. The law, according to the city’s Comptroller’s Office, “requires that any company or organization that has a contract with a New York City government agency cannot pay less than the rate of pay set by the New York City Comptroller’s Office.”

For construction workers, the state’s Building and Construction Trades Council notes that “prevailing wage laws help to ensure a decent standard of living for union and non-union workers alike.”

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NYC District Council Election Update

Updated 11.07.11

Per the Election Rules, prepared and promulgated by Review Officer Dennis Walsh (RO), the New York City District Council of Carpenters will be holding an election forum at the Javits Center on Wednesday November 16, 2011 at 5:00 pm.

The Forum will start at 5 pm and is being professionally videotaped for viewing on the District Councils web site within 48 hours of the event. DVDs may also be made available.

The RO will be the moderator and will be posing questions. Candidates will be allowed opening and closing statements and also be able to pose questions to each other. The RO will likely take written questions from the audience.

On November 21, 2011, the American Arbitration Association will mail ballots to all eligible members of local unions affiliated with the District Council to vote for District Council Executive Secretary-Treasurer, President and Vice President. All ballots must be returned by mail to the AAA by 5:00 p.m. on December 15, 2011.

District Council delegates will vote for District Council Warden, Conductor and three Trustees by secret ballot at a meeting to be held at the District Council on December 15, 2011 from 5:00 to 7:00 p.m.

The AAA will tabulate the votes by December 17, 2011 and provide the results to the Review Officer for announcement and certification.

Candidates for Executive Secretary Treasurer are: Michael Bilello and Daniel J. Franco.

Candidates for President are: Greg Kelty, Paul Tyznar and Bill Lebo.

Candidates for Vice President are: Byron Schuler and Michael Cavanaugh.

A Message from Bill Lebo

I am a 26 year rank and file member who has a long history of fighting for membership rights! Brothers and sisters now is the time for all members to decide on change!

You have a voice, this is your union, be sure to use that voice when you get your ballot in the mail. Your ballots will be sent to you by the American Arbitration Association on November 21st so you should be receiving them shortly thereafter. Please use you’re your voice, when you get your ballot, be sure to fill it out properly and send it in right away, the ballots must be received by the Council by 5pm December 15th, so don’t let them sit around the house or they will get lost or forgotten and your voice will fall silent.

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A Message From Greg Kelty

VOTE GREG KELTY FOR PRESIDENT OF THE NYC DISTRICT COUNCIL OF CARPENTERS

ABOUT GREG KELTY

BACKGROUND: I am a veteran of the United States Army; I was Honorably Discharged under Honorable Conditions in 1978 at the rank of E-5. I earned an Associate in Arts degree from Mt San Antonio College in June of 1983. I earned a Bachelor in Science degree from California State Polytechnic University, Pomona in August of 1985. I have also held a NASD Series 6 securities license and an insurance license. I joined Local Union 257 in June of 1984. I am presently the Treasurer of Local Union 157. I have been a Certified Steward since the program was started in the 1990’s. My family has been involved in construction in NYC since the early 1900’s. I have five brothers and two nephews that are union carpenters.

Greg On The Issues

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Overworked, underpaid Flatbush market workers sue and win big

Settlement nets Master Food employees $300,000 and a union contract

Workers at Flatbush supermarket Master Food.

BY Erin Durkin 

Workers at Flatbush supermarket Master Food. Workers at a Flatbush supermarket who charged they were illegally stiffed on their wages for years settled a lawsuit for $300,000 - and a union contract.

The 30 workers at Master Food on Church Ave. charged they worked 12 hour days, six or seven days a week, for as little as $3.93 an hour, and never got required overtime pay.

"It was a sad situation. We knew we weren't being paid what was right, but we needed to work," said Enoc Figueroa, 26, of Flatbush, who was helping support his mother, five brothers, and three nephews in Honduras. "I have my family that I have to support and with that amount of money it was difficult."

The workers sued earlier this year - and getting a union contract instead of just back pay to settle the suit represents a new tactic for unions and advocacy groups. It's the first deal reached in a campaign launched earlier this year to organize low-wage workers, which has been targeting several Brooklyn supermarkets.

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Grievance Procedures

November 2, 2011

From: Matthew Walker, Director of Operations 

Please see below the New York City and Vicinity District Council of Carpenters Grievance Procedures. 

#1 – All pending grievances are to be entered into the computerized grievance system at which time a sequential number will be assigned. This assigned number will be used when referencing the grievances. 

#2 – When a grievance is filed the member filing the grievance will be given a stamped copy of the grievance received, which will include a sequential grievance number. This process will take place when the grievance is received at the District Council. 

#3 – To provide a fair and equitable system to all involved parties the Distrcit Council has established a Grievance Hearing Panel which consists of the Director of Grievances, the Director of Jurisdiction, and the Director of Operations. This panel will investigate and evaluate the grievance, and on standardized objective criteria, determine the course of action taken. A grievance investigation report will be completed by the District Council Representative that files the grievance on their behalf or that of another member. This report will document each phase of the grievance and provide the representative with a guide to gather pertinent information which the grievance panel will utilize to assist with the determination of the course of action to be taken in the process. Upon review of the report representatives may be asked to conduct further investigation or gather additional facts to successfully evaluate the grievance. 

#4 – When the grievance is determined to have merit the responsible parties will be contacted for a hearing with the Grievance Panel. 

#5 – At the conclusion of the hearing all information will be updated into the grievance computer system including status of case and received payments owed. The case will not be closed until all restitution is made. 

#6 – At the discretion of the hearing panel compliance letters will be issued if warranted to the responsible party and tracked in the system to identfy habitial offenders. 

#7-A person on whose behalf a grievance has been filed, may review contents of the District Council’s grievance file pertaining to that grievance by advance appointment made with the Director of Operations. No copies of any document in the grievance file shall be permitted to be made or provided. Provided further, that the District Council reserves the right to remove any document that in its sole determination contains privileged and/or confidential information. Such confidential or privileged documents shall be identified to the reviewing member by date, purpose or type of document, author, recipients, subject matter, and the reason for it being withheld from review by the member. 

Any questions or clarifications regarding this policy can be directed to the District Council, Dircetor of Grievances, Dan Walcott, Director of Jurisdiction, John Sheehy or Director of Operations , Matthew Walker.

Update: 2011 District Council Officer Election

On October 26, Candidates for the 2011 District Council Officer Election were asked to respond to four essay questions prepared by Review Officer Dennis Walsh.  In this post I am featuring the response of Michael Bilello and Daniel J. Franco candidates for Executive Secretary Treasurer.

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Update: 2011 District Council Officer Election

On October 26, Candidates for the 2011 District Council Officer Election were asked to respond to four essay questions prepared by Review Officer Dennis Walsh.  In this post I am featuring the response of candidates for President, Vice President, Trustee, Conductor and Warden.

Click to enlarge.

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NYCDC - New Hire Information

From NYCDCC:  The District Council would like to welcome a new representative, Paul DePalo, who came on board this Monday, October 31, 2011. Mr. DePalo will work out of the Business Representative Centers.

Construction Job Losses in 2013

Richard T. Anderson

by Neal Tepel

Overall New York City construction spending has remained stable over the past two years, after declining by double digit percentages in the aftermath of the 2008 financial crisis, according to New York City Construction Outlook 2011-2013, an annual forecast and analysis prepared by the New York Building Congress.  The Building Congress anticipates continued stability in 2012 followed by a steep loss in jobs and spending in 2013.

Construction employment is forecast to average 106,900 jobs in 2011, down from 111,800 in 2010 and off 19 percent from its 2008 peak of 132,600.  However alarming job losses are predicted in 2013, when employment could total just 91,800 jobs.  “The current and forecast-ed employment numbers illustrate quite vividly the real life implications of the economic downturn on New York City and our industry,” said Building Congress President Richard T. Anderson.  “As bad as the job losses have been to date, 2013 could be a painful year for a lot of local families if our employment projections hold.”

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