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| Federal Watchdog Dennis Walsh |
Plaintiff-appellee the United States submits this opposition to the application by non-party appellants Patrick Nee and Levy Messinetti for a stay of the entry of a consent decree agreed to by the parties (and already entered by the district court), while their appeal of a previous matter is pending. The application should be denied. First, Nee and Messinetti seek to challenge an order of the district court from which they never appealed, and accordingly this Court lacks jurisdiction. Second, their challenge rests on a misconstruction of the district court’s order, and a misreading of a passing remark by the district judge, and is accordingly meritless.
The Javits Center will be accepting Journey person Applications on Friday December 5th from 3pm – 5pm and Saturday December 6th from 8am – 4pm. You must bring a valid State ID, Social Security Card for payroll purposes and an up to date Union Card. Applicants please enter the Javits Center through the employee entrance at West 34th Street and 12th Avenue.
We are objecting to the Monitor having the authority to 'approve' candidates
before they are permitted to run for elected office because this authority bars us from running for elected office without ever having been afforded the required process and alters the theory upon which the case was originally decided, (a decision which we are currently appealing).
Before one can stop any union member from running for elected
office in their union, other than for nonpayment of dues, that member has to have been provided with a fair hearing and the opportunity to defend themselves. The very minimum that can be afforded to any member is the process contained in their unions constitution.
THE COURT: I originally thought it was a good idea to meet the staff as it were. I didn't realize at the time how big the staff was. They are certainly welcome. What I thought I would do -- I have gotten your helpful agenda in terms of talking to people -- is use your agenda. So, for example,
Mr. Geiger, we'll start with you. I have a couple of questions. I have read everybody's affidavit. If there is some gist or point that each of you wishes to make, do that first. I am happy to hear it. Just that. So how about
Mr. Geiger, who is the executive secretary treasurer of the District Council.
Nice to meet you. I think we met before.
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| Glen G McCorty |
Several funds operated by concrete labor unions allege in two new lawsuits that construction companies have been creating “alter egos” to avoid paying tens of millions of dollars in union benefits.
In one suit, several funds claim that Navillus Tile and sibling owners Donald, Kevin and Helen O’Sullivan hid their interest in two other companies in an effort to get out of labor agreements the firm had previously signed. The O’Sullivans, the suit alleges, “fraudulently schemed” to use Times Square Construction and Advanced Construction Solutions to avoid paying more than $35 million that would have gone to pay for workers pensions, training, education and vacations.
The suit was filed Oct. 17 by funds and members of the Metal Lathers Local 46, Cement Workers, Cement Masons Local 780 and the Carpenters. The unions, which say they all had bargaining agreements with Navillus that mandated fund contributions, are members of the Concrete Industry Coalition.
Most of the 48-page complaint is spent establishing that Times Square and Advanced Construction are directly tied to Navillus and should therefor be subject to the bargaining agreements. It notes all three companies had sent letters to the city Department of Buildings using the exact same language, that that the companies had used trucks that belonged to Navillus and that all shared some of the same key employees.
The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. Contained in those reports are breakdowns of each union's spending, income, salaries and other financial information.
Listed below is the New York City District Council Of Carpenters, LM2 Report filed September 29, 2014.
Creative Construction has sued the NYC Council for 8 million alleging among other things racial discrimination and civil rights violations. The council has also been accused of bypassing the Out Of Work list and violating the new bylaws and thus the consent decree.
Creative Construction has accused the council of forcing substandard uncooperative, unskilled and non productive members who had been laid off by other contractors such as RCC Construction on the same job over to Creative instead of back to the Out Of Work List. The suit also alleges the council is by passing the Out of Work list and violating the consent decree by sending skilled members to non minority companies regardless of where they are on the list.
Council Reps Rambo and Betlewicz are accused of threats such as telling creative owner to “Lets go outside and settle this” and racists remarks such as. "You just hire your own kind” and “You minority’s take food out of my mouth.” There is also sexist remarks alleged by the Council against a Creative female project manger.
The Council is also accused of providing a non certified shop steward and harassing, threatening and intimidating any member not sent from the hall or placed on site by the council. The suit was filed on September 19, 2014.
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| Mike McMarron |
A Status Hearing for the District Council of Carpenters was held on September 30, 2014 at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, 17th Floor, New York, New York, 10007. Please see the below document for the transcript of the proceedings and court order.
Mike McCarron and Lisa Bloom File Secondary Case With Los Angeles County Superior Court
By Silence Dogood
In another blow to the Big Bad Doug McCarron has crushed Mike McCarron story the Bloom law firm has filed a second case against Doug McCarron and his cronies in Los Angeles Superior court. I should not use the word cronies but after reading this brief, especially the absurd and vulgar tale of one Dan McDonald or the Phil Newkirk DOL letters I am at a loss as how else to describe them. This filing also includes a request for a TRO and Injunction. This brief further describes and details the persecution tactics of the UBC and Doug McCarron against anybody who tells him no. An experience an ever growing number of members of the UBC have in common.
Despite the stories declaring Mike McCarron the same Douglas McCarron because they carry the same last name the FACTS show otherwise. Recently a rather foolish and erroneous statement was made that Mike McCarron was the number two man at the UBC and as such was equally involved and equally liable for the Douglas McCarron rape of the United Brotherhood of Carpenters democracy, the abuse of the rank and file membership and the persecution of all and any who tell the UBC no.
After considering all of the relevant evidence and the arguments advanced by Nee, Messinetti,and the RO,the Court concluded that RO Walsh's decision to remove Nee and Messinetti from their positions as delegates and officers of the Local 157 was not "arbitrary or capricious," did not exceed the authority granted to him under the 2010 Stipulation and Order, and was supported by substantial evidence.
We write in response to the Court's Order dated July 25, 2014, issued following the
Second Circuit's Summary Order dated July 23,2014 in this matter. The Circuit vacated the Court's decision of October 23, 2012 upholding the Review Officer's veto of Patrick Nee and Levy Messinetti as officers and delegates of Local 157 and remanded the matter for further proceedings.
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| General President Douglas J. McCarron |
We write in response to the Court's Order dated July 25, 2014, issued following the
Second Circuit's Summary Order dated July 23,2014 in this matter. The Circuit vacated the Court's decision of October 23, 2012 upholding the Review Officer's veto of Patrick Nee and Levy Messinetti as officers and delegates of Local 157 and remanded the matter for further proceedings.
We write specifically to address the issues identified by the Court in its July 25 Order, i.e., whether the issues raised by Messrs. Nee and Messinetti in their July 2012 applications"remain ripe for consideration"and whether the RO's June 26, 2012 Notice of Veto was within his authority under the June 2010 Stipulation and Order, with citation to "appropriate background, context, and authority which may help to resolve any 'ambiguity' perceived by the Second Circuit."
A group of New York City construction unions have forged a coalition with affordable housing activists to ratchet up pressure on Mayor Bill de Blasio to require organized labor in the building of 80,000 lower-cost apartment units over the next decade.
The unions say they will begin supporting a call for 50% of the new units to be set aside for lower- and middle-income residents, a key tenet of the housing advocates' agenda and a departure from past practice in the city.
Unions are also willing to make an unusual concession, accepting wages that are 40% lower than normal union pay on affordable-housing projects in certain neighborhoods in Queens, Brooklyn, the Bronx and upper Manhattan for a new class of workers with less experience than existing members, many of them drawn from local communities.
The coalition would bring together two powerful interest groups who have traditionally been at odds. Much affordable housing has traditionally been built without union labor because developers, advocates and policy makers say that higher wages means fewer units.
Dear Judge Berman:
I write as requested by the Court in its Order of June 6”‘ to comment on the proposed
Stipulation and Order and Independent Monitor.
I said in the conclusion to my Fifth Interim Report that the shared goal of all concerned
with the District Council “is an autonomous District Council, governed wisely by members who
flourish in a sound democratic system.” I cited Emerson’s guidance that “bolts and bars are not
the best of our institutions” and said “that which will serve the members best” will be the product
of their intellect and hard work, integrity and courage.” Fifth Interim Report at 42. The difficulty
in this regard is of course devising a method to determine when the leaders of the District
Council and its Benefit Funds are capable of meeting the responsibility to prudently conduct the
business of the Union and the Funds in a continually compliant manner. Though that time may
be near, I believe that some mechanism must be in place to insure that the investment of time,
money and intellect made by the parties, the Court and my office is protected.
