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, December 15, 2013
Judge Berman sets January 28, 2014 conference to discuss new agreements
Judge Berman sets status conference for new EST election
We write in accordance with your endorsement of December 11, 2013 on our December 10, 2013 response to the most recent letter of Patrick Nee regarding the Special Election for Executive Secretary-Treasurer ("EST") of the District Council. We set forth below the timeline of the Special Election, pertinent intervening litigation and re-set Special Election,as well as
facts and circumstances regarding Mr.Nee not being approved to run for EST,in an effort to fully satisfy the Court's endorsement.
Friday, December 13, 2013
It's Gregory Kelty versus Joseph Geiger for EST
Gregory Kelty (Local 157) and Joseph Geiger (Local 1556) have been interviewed, reviewed by Review Officer (RO) Dennis Walsh and have accepted nominations for a special election for the balance of
the term of the office of District Council Executive
Secretary-Treasurer (“EST”) which expires on January 11, 2015.
The RO will conduct the remainder of a special election for EST, as follows:
12.18.13 Kelty and Geiger
may
submit
three
standard
sized
pages
(8.5
inch
by
11
inch)
of
campaign
literature
for
posting
on
the
District
Council
web
site;
candidates
must
report
to
the
District
Council
to
write
a
500
-word
essay
on
topics
related
to
District
Council
governance.
1.6.14
The
AAA
mails
ballots
to
eligible
members.
1.8.14
A
debate
for
Kelty versus Geiger open
to
all
members
and
held
as
a
special
part
of
the
business
of
the
delegate
meeting
that
day.
The
debate
will
be
video
recorded
by
District
Council
personnel
and
a
video
of
the
event
will
be
posted
on
the
District
Council
web
site
during
the
course
of
the
next
day.
1.23.14
The
AAA
must
receive
ballots
by
5
p.m.
in
order
to
be
counted
on
1.24.14.
1.24.14
Ballots
are
tallied
by
the
AAA
and
the
results,
subject
to
later
certification,
announced
and
posted
on
the
District
Council
web
site.
The
RO
will
prepare
the
ballot.
The
order
of
candidates
on
the
ballot
will
be
determined
by
a
drawing
conducted
at
the
nominations
meeting.
1.27.14
Kelty and Geiger
submit
the
second
of
two
campaign
financial
disclosure
forms
to
the
RO.
The
winning
candidate,
after
certification
of
the
results
by
the
RO,
will
be
installed
at
the
next
meeting
of
the
delegate
body
and
will
preside
upon
his
or
her
installation.
Any
and
all
protests
must
be
filed
directly
with
the
RO
at
395
Hudson
Street
in
a
timely
manner,
i.e.,
within
five
work
days
of
the
time
when
the
complainant
becomes
aware
or
reasonably
should
have
become
aware
of
the
action
under
protest.
See
Section
Six,
page
11,
of
the
election
rule
Tuesday, December 10, 2013
Sunday, December 8, 2013
You Entered The Twilight Zone
(John's note: reading the Court Transcripts of December 4, made me feel like I entered the Twilight Zone).
The Obsolete Man is an episode of the television series The Twilight Zone. It deals with themes of Orwellian totalitarianism, euthanasia, collectivism and religion.
"You walk into this room at your own risk, because it leads to the future; not a future that will be, but one that might be. This is not a new world: It is simply an extension of what began in the old one. It has patterned itself after every dictator who has ever planted the ripping imprint of a boot on the pages of history since the beginning of time. It has refinements, technological advances, and a more sophisticated approach to the destruction of human freedom. But like every one of the super states that preceded it, it has one iron rule: Logic is an enemy, and truth is a menace."
Quote of the Day
"I don't get it. You're either at
95 percent compliance or you're in unchartered territory. You can't be in both places at the same time."–– Judge Richard M. Berman
Below is an excerpt from the Court Conference on December 4, 2013 between EST Pro Tem Steve McInnis and Judge Berman.
THE COURT: Do we have present today anybody from the
district council, the EST, for example, the interim EST or
somebody else who could address that?
MS. JONES: Yes, your Honor.
MR. MURPHY: Yes, your Honor.
THE COURT: Could he address this issue?
Nice to meet you. Wherever you're comfortable. At
the podium if you like or there.
MS. JONES: Your Honor, I should also tell you that
vice president Mike Cavanaugh is here and a number of other
representatives from the district council.
THE COURT: Thank you. If you could state your name
for the record.
MR. McINNIS: Steven McInnis. How you doing, your
Honor.
Currently we have a process for hiring that's required
by the bylaws. We have six names that have been sent to the
review officer for review to put six more representatives in
the field.
When it comes to administrative staff, we've actually
added four additional admin staffs temporarily to deal with
this issue.
Court Conference on December 4, 2013
Below is an excerpt from the Court Conference on December 4, 2013 between Review Officer Dennis Walsh and Judge Berman.
MR. WALSH: Thank you, your Honor. Dennis Walsh, the
review officer.
The frustrating thing about the District Council of
Carpenters is that it only responds to negative inducement.
One would have thought that after all these years of oversight,
the pendency of a consent decree since 1994, and the
stipulation and order since June of 2010 that the leadership at
the union would have decided, finally, we must engage in
rigorous self-analysis. We must figure out how to improve this
institution so that it is perfected, so that not only is
corruption eradicated, but that it functions as the modern,
efficient, compliant business that it must be to benefit its
20,000 members and their families.
We had here this morning because the Sword of Damocles
is palpable on the head of this union. Nothing has changed in
terms of the quintessential horse who not only will not be led
to sweet water, but falls down and says drag me to that sweet
water, to valleys of green grass that will make him strong,
like a child who won't eat his spinach, and that's all.
When is it going to end? When is the district council
step up and say we understand these problems and, with
alacrity, we are going to solve them?
I think that among the options that the Court
to set a rigorous deadline for perfection of this system, no
matter how many human beings they have to throw at it, so that
they can come back to this Court and say we have 100 percent of the information in this system that the members will need to use Operation Watchdog. And if that is not achieved quickly, I think it's fair to abolish the contracts, to set the parties back to the table, but to hold on to the imperative of --
THE COURT: So abolish --
MR. WALSH: -- electronic reporting.
THE COURT: -- which contracts?
MR. WALSH: All of the contracts previously approved
by the Court on the promise that this compliance program would work.
THE COURT: You mean the collective bargaining agreements.
MR. WALSH: Yes, the collective bargaining agreements is what I mean by the contracts.
Friday, December 6, 2013
Transcript of Court Conference on December 4, 2013
THE COURT: So following our last session I was quite
concerned about some of the issues that we discussed and that
appear to be going on here, and for that reason I issued the
November 25, 2013 order and have received some helpful
submissions from all of you, including the Mr. Walsh's latest
report, the seventh interim report of the review officer, which
I think is very helpful. It also raises some issues or perhaps
they've been bubbling under the surface which I'm quite
concerned about in addition to the issue of the technology and
the technology fixes which I want to discuss today.
So I'd like to get right to it. In a subsequent memo
endorsement of mine dated November 27, I indicated an order in
which I would like to proceed today and I indicated that I'd
like to hear from the government first and then the district
council and then Mr. Walsh. And let me just tell you why I
think that's the appropriate order and mechanism.
So first, obviously, this is the government's case
historically and currently. It's U.S. v. District Council, et
al., and the origin of the case has to do with, among other
things, what were undeniably a history of bad practices and
corruption in the union.
So I thought that given that context and given that
one of the central problems I'm concerned about now is the
implementation, the very belated in my opinion implementation
of these electronic reporting systems which were, as I
indicated in my order, part and parcel of approval of the
collective bargaining agreements going back over the last
month, given the fact that those very reporting requirements
were presented to me and described by you all -- and by "you
all" I mean, for example, Mr. Murphy and others -- as
anti-corruption measures, I wanted to start and get the
government's take on this particular issue about how these
collective bargaining agreement aspects are being implemented
from the bigger perspective of what this case has been all
about.
And I don't have to remind you as I indicated in the
order dated November 25 that there was on my part, and others,
as well, there was an enormous change in these collective
bargaining agreements which was the implementation of what is
described as full mobility. And that was done with
considerable thought, but it did represent a sea change in how
hiring took place with these contractors. These contractors
got a huge benefit in that regard in my opinion. And the quid
pro quo for that full mobility was the implementation of -- one
of the quid pro quos was implementation of these anti-corruption
measures. And so clearly the full mobility was implemented but
the measures were not.
And as I read these materials -- by the way, I haven't
read all of them in detail, but I've read most of them in the
main including the seventh interim report, including Judge
Jones' letter dated December 3, and including the additional
supplemental letter dated December 3, 2013 from Kauff McGuire &
Margolis that has to do with pension issues.
So before I just turn to all of you because I don't
want to monopolize the conversation, but there was one other
point that I would like to make. And I don't know if it's
become obvious, but from my point of view when we have these
proceedings and hearings, one of the most beneficial aspects
from my point of view is to hear actually from the people who
implement whatever it is we're talking about.
So, for example, when we're talking about the benefit
funds, you know, we have the most talented lawyers in the world
sitting right here in front of us, but sometimes it's
preferable to get beyond the lawyers and to hear from the
people who are actually doing the work and I would like to
continue to do that going forward. We had that experience
particularly with the benefit funds, and I think that has
worked quite well actually hearing from those people who are in
charge of investments and the benefit funds as employees, not
just as lawyers.
And I would like -- there's a lot of mention in both
Judge Jones' letter and in the seventh interim report of the
people who were actually implementing these technology changes.
It would be useful and beneficial for me to hear directly from
them. And I'm always happy to hear from lawyers as well, but
those are the people who really are doing the job and so I
would like to hear from them as well.
But anyway, enough said by me. I would start with
Mr. Torrance.
Thursday, December 5, 2013
Letter to Judge Berman —Objection to EST Election
Dear Judge Berman, I am writing in regards to the election for Executive Secretary Treasurer which the Review Officer has directed to be held, where he holds no authority under the Stipulation and Order to do so. There is nothing in the Stipulation and Order or the court approved election rules which gives the Review Officer the authority which he is now attempting to wield. He has exceeded his authority in this matter, and I am seeking Judicial Review of the Review Officers actions in this matter under section 11 of the Stipulation and Order.
Wednesday, December 4, 2013
The Seventh Interim Report Of The Review Officer
Review Officer Dennis Walsh has issued his Seventh Interim Report, (with exhibits) the report contains numerous items of interest and is a must read for all members.
Seventh Interim Report Exhibits. 1-10
Seventh Interim Report Exhibits. 11-20
Sunday, December 1, 2013
REVISED SCHEDULE FOR SPECIAL ELECTION OF EST
11.8.13
The
election
notice
is
mailed
to
members
by
the
District
Council;
it
includes
information
on
the
schedule
and
related
events
as
well
as
information
required
by
law.
11.11.13
Petitions
are
made
available
to
all
interested
persons;
150
verified
signatures
must
be
obtained.
11.22.13
Completed
petitions
must
be
filed
with
the
RO
at
395
Hudson
Street
by
6
p.m.
Observers
must
also
be
named
by
each
candidate.
11.27.13
The
RO
completes
petition
review
and
begins
candidate
interviews
as
part
of
the
approval
process
required
by
the
Stipulation
and
Order.
12.11.13
The
candidate
interview
and
review
process
is
completed;
a
portion
of
the
regular
delegate
meeting
open
to
all
members
will
be
dedicated
to
nominations
and
acceptances
of
nominations
from
the
RO-approved
list
of
candidates.
All
nominees
will
then
be
eligible
to
speak
at
local
union
meetings
occurring
thereafter
through
1.23.14.
12.13.13
Candidates
submit
the
first
of
two
campaign
financial
disclosure
forms
to
the
RO.
12.18.13
Candidates
may
submit
three
standard
sized
pages
(8.5
inch
by
11
inch)
of
campaign
literature
for
posting
on
the
District
Council
web
site;
candidates
must
report
to
the
District
Council
to
write
a
500
-word
essay
on
topics
related
to
District
Council
governance.
1.6.14
The
AAA
mails
ballots
to
eligible
members.
1.8.14
A
debate
for
candidates
open
to
all
members
is
held
as
a
special
part
of
the
business
of
the
delegate
meeting
that
day.
The
debate
will
be
video
recorded
by
District
Council
personnel
and
a
video
of
the
event
will
be
posted
on
the
District
Council
web
site
during
the
course
of
the
next
day.
1.23.14
The
AAA
must
receive
ballots
by
5
p.m.
in
order
to
be
counted
on
1.24.14.
1.24.14
Ballots
are
tallied
by
the
AAA
and
the
results,
subject
to
later
certification,
announced
and
posted
on
the
District
Council
web
site.
The
RO
will
prepare
the
ballot.
The
order
of
candidates
on
the
ballot
will
be
determined
by
a
drawing
conducted
at
the
nominations
meeting.
1.27.14
Candidates
submit
the
second
of
two
campaign
financial
disclosure
forms
to
the
RO.
The
winning
candidate,
after
certification
of
the
results
by
the
RO,
will
be
installed
at
the
next
meeting
of
the
delegate
body
and
will
preside
upon
his
or
her
installation.
Any
and
all
protests
must
be
filed
directly
with
the
RO
at
395
Hudson
Street
in
a
timely
manner,
i.e.,
within
five
work
days
of
the
time
when
the
complainant
becomes
aware
or
reasonably
should
have
become
aware
of
the
action
under
protest.
See
Section
Six,
page
11,
of
the
election
rule
Thursday, November 28, 2013
Happy Thanksgiving Brothers and Sisters
The first Thanksgiving in the New World was celebrated in mid-October 1621, nearly a year after the Pilgrims landed at Plymouth in the Massachusetts Bay Colony.
Much later, George Washington was the first of many US presidents to formally proclaim a day of thanks. The following prayer was offered in 1789, in appreciation of the hard-earned independence of the United States of America:
Almighty God, we make our earnest prayer that Thou wilt keep the United States in thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large.
And, finally that Thou wilt graciously be pleased to dispose us all to do justice, to love mercy and to demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, and without an humble imitation of whose example in these things we can never hope to be a happy nation. Amen.
I would like to wish you and your family a safe and Happy Thanksgiving.
Wednesday, November 27, 2013
Mobsters plead guilty to racketeering, extortion
By Selim Algar
Hey, the gang’s all here.
A parade of Genovese wiseguys and associates — including an elderly captain and a burly union leader — pleaded guilty to a range of classic mob crimes Wednesday in Brooklyn federal court.
Genovese captain Conrad Ianniello, soldiers Salvester Zarzana and James Bernardone and two others copped to a slew of mafia misdeeds in front of Judge Nicholas Garaufis.
The crime quintet was among 11 Genovese hoods who were swept up in an April 2012 bust and charged with everything from shaking down vendors at the annual San Gennaro festival in Little Italy to extorting contractors on major construction projects to union wrangling.
In addition to his San Gennaro activities, the elderly Ianniello was also charged with running illegal gambling enterprises and union fixing. He copped to gambling and extortion raps.
Bernardone serves as the Secretary Treasurer of Local 124 of the International Union of Journeymen and Allied Trades and Zarzana formerly headed the Local 926 of the United Brotherhood of Carpenters and Joiners.
“I along with others, conspired to steal property through the threat of economic harm,” Bernardone said meekly in a scripted statement to the court.
Bernardone was smacked with racketeering raps related to his shakedowns of contractors performing work throughout Manhattan, Brooklyn and Queens from 2006 to 2009 including the construction of a Hampton Inn on Ditmars Boulevard.
The Bronx resident is out on $750,000 bond but nearly had it revoked in June after he attended a mobster-laden wake that was attended by more than two-dozen known hoods who were paying respects to a neighborhood fixture in March.
A pair of other Genovese associates, Paul Gasparrini and Ryan Ellis, also copped pleas Wednesday.
The gangsters will all remain out on bail until their March 14 sentencing.
Monday, November 25, 2013
DECISION & ORDER
An (additional) conference in this matter is scheduled for December 4,2013 at 9:30 a.m.
The purpose of the conference is to further explore(and remedy)the delayed implementation of the anti-corruption "compliance procedures" called for in the recent collective bargaining agreements("CBA")between the District Council and the Wall-Ceiling and Carpentry Industries of New York,Inc.,Building Contractors Association,General Contractors Association of New York,Floor Coverers Association,Contractors Association of New York, and the Cement League.
The Court remains concerned about the disturbingly slow pace of technology implementation, particularly because these matters have been pending since at least August 2012.
Also, as discussed at the November 18, 2013 conference,the Benefit Funds (Ryk Tierney) are directed to provide the Court with written information on all of the costs (IE., advisory fees,commissions,legal fees,etc.)associated with managing the investments of the Funds on or before November 26,2013.
Sunday, November 24, 2013
Weekly Compliance Message from the EST
The District Council is continuing efforts towards electronic reporting. Currently, Shop Stewards working under the Wall Ceiling, BCA of NY, CAGNY, GCA of NY (Carpenters), the Floor Coverers and the Cement League Association agreements are required to file their reports electronically. I believe electronic reporting has and will continue to enhance the ability of the District Council and Benefit Funds to ensure that employers meet their contractual obligations and members receive the benefits to which they are entitled.
I want to remind Shop Stewards that they can electronically report time in three ways. Stewards can use the tablet device they received from the District Council. Alternatively, they can log on to the Electronic Reporting System through the District Council website from any computer with internet access, or, if they have an iPhone, they can install an easily downloadable “App” and submit time using their cell phone. It is important that Shop Stewards become familiar and comfortable with using one or more of these alternatives to report time.
Friday, November 22, 2013
Remembering JFK: Where were you when you heard the news?
 |
| President John F. Kennedy |
Most people who are old enough to remember can tell you exactly what they were doing when they heard the news that Kennedy was shot in Dallas, Texas.
To keep history alive, we'd like to hear from those of you can remember. Please feel free to post and share your story.
For those who are too young, but know your parents or someone's story about where they were on the day of Kennedy's assassination, please share.
Tuesday, November 19, 2013
Transcript of Court Conference on November 18, 2013
THE COURT: We have a couple of items that I was hoping we would talk about today. One is we were going to hear a report on how the funds are doing. Mr. McGuire, we have Ryk Tierney who is here.
MR. McGUIRE: Yes. Mr. Tierney is here and ready to report.
MR. TIERNEY: Thank you. My name is Ryk Tierney. I am the Executive Director of the New York City Carpenters Benefit Funds. For the record, we handle the four major funds for the carpenter benefits, which are the pension fund; the welfare fund, which includes vacation and scholarship benefits; the annuity fund; and then the apprenticeship journeyman retraining, education and industry fund. I will start with the pension fund, an update on total assets as of September 30, 2013.
Friday, November 8, 2013
More Special Obamacare Treatment — But Not for You
Unions haven’t been able to get special Obamacare subsidies like Members of Congress and their staffs did, but they may not go away empty-handed.
The Obama Administration has indicated it will propose a new regulation that could give many unions a break from one of Obamacare’s new fees. This one hits health plans with a $63 per person charge next year.
But many “self-insured, self-administered” plans would be exempt from this fee in future years, thanks to the new suggested regulation—and that could apply to a lot of union plans.
Labor unions accused Obamacare of“shattering” hard-earned benefits and destroying the foundation of the middle class when they begged earlier this year for special treatment. Instead of advocating relief for all Americans, they merely advocated a carve-out for their members.
Meanwhile, people across the country are seeing their plans canceled or premiums increased. For people shopping in the Obamacare exchanges, premiums are going up in at least 42 states.
Source: http://blog.heritage.org/2013/11/08/more-special-obamacare-treatment-but-not-for-you/?utm_source=twitter&utm_medium=social
Tuesday, November 5, 2013
Carpenters union gives $100K, leading a last-minute push for de Blasio
BY GLORIA PAZMINO
Bill de Blasio's massive lead in the mayor's race hasn't discouraged some last-minute contributions to his campaign.
Late last week, the NYC United Brotherhood of Carpenters poured $100,000 into the race, by way of a pro-de Blasio super PAC.
The union gave the donation to the New York Progress PAC on November 1, according to a recent filing with the New York State Board of Elections. (In the closing weeks of the race, political campaigns and committees must report all contributions of $1,000 or more within 24 hours.)
The New York Progress PAC is a coalition of some of the city's most powerful public and private labor unions, including the United Federation of Teachers and the Communication Workers of America, who pooled their resources to support de Blasio's campaign.
The PAC raised more than $1 million back in October to spend on broadcast cable TV ads attacking de Blasio's opponent, Republican nominee Joe Lhota.
In October, the group reported $25,000 from the Plumbing Contractors Political Action Commitee.
According to Josh Gold, political director for the Hotel Trades Council, which has also contributed money to the PAC, the late contributions added a final buy of programming.
“We knew [the spots] would reach the last remaining undecided voters,” said Gold in an e-mail.
The ad, which had already been airing for a week, played during college football matchup on ABC, Sunday Night Football on NBC, the Nets game against the Miami Heat, and coverage of the ING NYC Marathon.
De Blasio's campaign committee, New Yorkers for de Blasio, also received some last-minute contributions, from Napster creator and early Facebook founder Sean Parker; the American Federation of State, County and Municipal Employees; Unite Here Local 2850 and Unite Here Local 52, all of which gave $4,950 over the weekend.
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