Saturday, December 31, 2011

BUILDING & CONSTRUCTION CONTRACTOR DIRECTORY

The New York and Vicinity Carpenters Labor Management Corporation is made up of Labor and Management who work together to secure projects, increase union-sector market share and promote members skills and trade.

Our most important mission is to assist the signatory contractors in winning projects and jobs.It is essential to work with contractors, subcontractors, and workers whom you can count on;people you can trust and who will not let you down. It is for this reason that one should choose to work with the signatory contractors listed in this book.

The contractors in this book know how to do the job right, on time, every time. They are efficient and reliable problem solvers and they know how to work safely.

We are confident that when you look at what our signatory contractors have to offer you will want to work with these well-trained and highly skilled individuals.We hope you find this Directory helpful. If additional copies of the Directory are needed, please contact us at:

New York and Vicinity Carpenters Labor Management Corporation
395 Hudson Street
New York, New York 10014
212.366.7450
212.366.3334

Thursday, December 29, 2011

Financial Accomplishments During Supervision

From: Terrence R. Mooney CPA

To: Mr. Frank Spencer, Supervisor,

I would like to take this opportunity to represent the financial accomplishments made at the New York District Council during the period of August 2009 through November 2011. As noted in my finding report to the members and the International in October of 2009 there were accounting deficiencies that needed to be addressed by this council to ensure the safeguarding of the assets of its members. These following accomplishments are a tribute to the talented employees of this council and the dedication to perform their obligations to the members. Although this list is not all inclusive it will provide the members an overview of the financial steps taken under the supervision as they related to finance.

NEW YORK LABOR LEADERS OFFER STRIKE SUPPORT FOR 32BJ

Unions stand together to fight for a fair contract

by New York Real Estate Rama

New York, NY – December 29, 2011— Only two days remain before the contract covering 22,000 building service workers in New York City expires. If the clock runs out at midnight on Dec. 31, 2011 without a fair and equitable deal in place for hardworking 32BJ members, New York’s labor community is prepared to back them in a strike.

“The resources of the 2 ½ million member New York State AFL-CIO are at the full disposal of 32 BJ for as long as it takes to reach a contract agreement. With 3,000 local union affiliates across the state, we will stand side by side with our 32 BJ brothers and sisters throughout these negotiations. This is not just about what happens in the next few days. These negotiations are about the future of our city, and what kind of city we want to leave to the next generation,” says Mario Cilento, President of NY State AFL-CIO.

The top salary of a commercial cleaner in NYC is $22.65 an hour, or $47,000 a year but building owners still say workers are earning too much. The real estate industry wants to rollback salary and benefit packages, while it’s recorded billions in sales activity this year alone.

“Whether it’s for a private sector union like 32BJ, or a public sector or building trades union, the New York City Central Labor Council is always going to stand up for fair wages and contracts,” says Vincent Alvarez, President of the CLC. “The labor community is committed to working together to fight for fairness in the workplace and protecting the wages and benefits of the hardworking men and women of New York City.”

Wednesday, December 28, 2011

Court Conference Transcripts of December 20, 2011

THE COURT: So, this is one of our regularly scheduled status sessions. Here are the issues that I would like to hear about and then if there is time after that, if there is anything else that people want to talk about, but I would like to hear about the -- let me just list them: The elections. If there is anything new to stay about the bylaws. I would also like to hear about the status of the collective bargaining agreements and if there is also anything, no. four, about the restructuring. And then, Mr. Walsh, I want to hear about the,what you put in -- something that you included in your third interim report dated December 5, 2011 which you mentioned that your office was investigating -- this is a quote from that report, the suspected involvement of members of local unions affiliated with the district council with a new union. We will call that, for want of a better phrase, the amalgamated union, and anybody who wishes to be heard on that subject.

Thursday, December 22, 2011

Attention Dockbuilders

Click continue reading for important message.

Wednesday, December 21, 2011

Carpenters union struggles with new contracts

The parent union of the District Council of Carpenters is pushing for ratification of a deal that includes a key reform sought by contractors. But new leaders of the scandal-plagued New York union are resisting.

By Daniel Massey
 
Carpenters Rally Against Full Mobility.
The 25,000-member District Council of Carpenters, which has been run by its national parent since its chief was jailed following a 2009 racketeering scandal, has elected new leadership as it moves to regain its independence early next year.

But before a new executive secretary treasurer and other leaders are installed Jan. 11, the parent organization, the United Brotherhood of Carpenters and Joiners of America, is trying to push through the ratification of a half-dozen labor deals that it negotiated with contractor associations.

The new leadership opposes the most controversial element of the deals, a change in hiring practices coveted by contractors. Under the tentative agreements, employers would no longer be required to hire at least one-third of their workers via union referrals, and would instead be free to select any member of the union to work for them.

Contractors have argued that so-called full mobility will save them money by increasing productivity, but union members contend that it will kill important protections like seniority and could lead to discrimination.

“I am against full mobility because I don't believe the union should give up control of the job site,” the union's incoming chief, Michael Bilello, wrote in a questionnaire posted on the District Council website.

A Message from General President McCarron: New Year Provides Opportunity to Strengthen Our Brotherhood

Click to enlarge.
To All Locals and Councils:

On behalf of the officers of the United Brotherhood of Carpenters, I would like to wish all members and their families the best for the new year.

While 2012 will be another year of economic uncertainty and continued challenges, it also marks a year of opportunity to strengthen our union. It is up to us to keep our skills sharp for the day when the economy turns around. It is also up to us to make our voices heard to ensure that day arrives as soon as possible.

While no one is happy with the pace of recovery, things would be far worse if we returned to the policies that created the mess in the first place. Unfortunately, too many politicians think it is possible to move forward in reverse gear. We must resist this misguided thinking and mobilize the energy of our nearly half-million members on behalf of candidates and political efforts that favor working people.

In the United States, 2012 will see the most important election in decades. With so much at stake, including Davis-Bacon wage protections, members must go beyond voting and volunteer to assist the political operations at their council or local.

REVIEW OFFICER FORUM ON WEDNESDAY, DECEMBER 28, 2011

All members of local unions affiliated with the District Council, as well as employees of the District Council, Benefit Funds and local unions, are invited to attend the next Review Officer Forum at 395 Hudson Street. I will speak as well as answer questions and hear from those in attendance who wish to share their thoughts on matters relating to the District Council, the Consent Decree and the Stipulation and Order. Members are encouraged to share their views on the collective bargaining agreements currently posted on the District Council web site.

The forum will be in the meeting space of the school on the second floor from 4:30 to 7:00 p.m. Please have your current union or employee identification cards ready for presentation at the door to gain admission.

Dennis M. Walsh
Review Officer

Non-U.S. citizens make up 39% of NYC's construction workforce

Non-United States citizens accounted for 39 percent of the total New York City construction industry workforce and 45 percent of all construction trades workers in 2010, according to a New York Building Congress analysis of the U.S. Census Bureau's 2010 American Community Survey.

Of the 224,500 men and women in the construction industry surveyed, including both white-collar and blue-collar positions in private firms and on government payrolls, white, non-Hispanic men and women accounted for 40 percent, while Hispanics made up 36 percent. Asians made up 9 percent of the workforce, while 1 percent identified as multi-racial.

As for the 168,200 construction labor workers who lived in New York City in 2010, 63,600 were Queens residents. Another 53,700 lived in Brooklyn, followed by 24,200 from the Bronx, 14,400 from Staten Island, and 12,300 who dwelled in Manhattan.

The data, which is based on personal responses to the Census Bureau survey and incorporates both union and non-union labor, as well as management positions, architects, engineers and other service workers, also indicates that construction workers are increasingly going without health insurance. Forty-nine percent of all construction industry workers lacked health insurance in 2010, up from 45 percent in 2009. -- Katherine Clarke

NYCDC - New Hire Information

The District Council would like to welcome a new representative, Brian McLaughlin, Local 1556, who came on board on Monday, December 12, 2011. Mr. McLaughlin will work out of the Business Representative Centers.

Tuesday, December 20, 2011

Cornell to build new science campus on Roosevelt Island

Artists rendering of the two million square feet campus.
Cornell University and the Technion-Israel Institute are to build a new two million square feet applied science and engineering campus on Roosevelt Island.

At a press conference on Monday, Mayor Michael R. Bloomberg, Cornell president David J. Skorton, and Technion-Israel president Peretz Lavie announced the partnership between the two leading institutions had beat out competition from around the globe to win the rights to the venture. In addition to the Roosevelt Island site, the City will also provide $100 million in City capital to assist with site infrastructure, construction, and related costs.

This is the first selection announcement for the Applied Sciences NYC initiative. Discussions are ongoing with other respondents — Carnegie Mellon, Columbia and a New York University-led consortium — and the possibility of additional science and engineering partnerships in the City is still open, said the mayor. “Thanks to this outstanding partnership and groundbreaking proposal from Cornell and the Technion, New York City’s goal of becoming the global leader in technological innovation is now within sight,” said Mayor Bloomberg.

NLRB Approves Changes to Union Election Rules, 2 to 1

by Seth Borden

On Wednesday, the NLRB voted 2-to-1 to approve a resolution to amend the rules and regulations related to its election process. Chairman Mark Pearce and Member Craig Becker voted in favor of the changes and Member Brian Hayes voted against them. The amendments that passed were trimmed from a more comprehensive set of proposed changes published in the Federal Register on June 22, 2011. The approved changes are intended to reduce litigation in election cases and will also significantly shorten the time between any pre-election hearing and the election date.

The approved changes will include:

a) giving hearing officers greater discretion to limit the evidence presented at pre-election hearings to evidence that is “relevant to a genuine issue of fact material to whether a question of representation exists”
b) giving hearing officers the discretion to deny requests by parties to submit post-hearing briefs
c) denying the parties the right to file requests for review with the Board challenging the viability of a regional director’s decision and direction of election until after the election
d) eliminating the 25 day period between the issuance of a decision and direction of election by a regional director and the holding of an election
e) clarifying the rules regarding a party’s ability to seek special permission to appeal a hearing officer ruling to the Board
f) giving the Board the discretion to refuse to review a regional director’s resolution of post-election disputes

The Board did not release the final rules that will amend or replace the existing language in the regulations. It also did not indicate when the new rules would become effective. Unless the language is already written and the date is already set, it is reasonable to believe both will be impacted when Member Becker’s recess appointment expires at the end of this month, leaving just two members on the Board.

At roughly the same time as the Board action, Congress passed a bill designed to undo parts of the proposed rule changes. John Kline's (R-MN) "Workforce Democracy and Fairness Act" (H.R. 3094) passed by a vote of 235-188. The bill would guarantee that no representation election is held within 35 days after the filing of a petition, provide for a two-week waiting period before a hearing could be held, and ensure certain preliminary appeal rights.

Obama Names Two New NLRB Nominees

by Ilyse Schuman

President Obama has announced that he intends to nominate Sharon Block (D) and Richard Griffin (D) to fill two vacancies on the National Labor Relations Board. When Member Craig Becker’s recess appointment expires at the end of this year, the Board will be left with only two members, Chairman Mark Gaston Pearce (D) and Member Brian Hayes (R). As the Supreme Court decided in last year’s New Process Steel decision, the Board must operate with at least three members to exercise its full authority. In January of 2011, Obama nominated Terence Flynn (R) to fill one of the vacant slots on the five-member Board, but the Senate has not yet acted on his nomination. It is expected that the Senate will similarly take no action on the latest nominees. The possibility of the President seating Block and Griffin by recess appointment is also low, as the House will likely take steps to block his ability to do so.

According to information published by the White House, Block has worked as an attorney in both the private and public sectors. She currently serves as the Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor. Her other positions have included Senior Labor and Employment Counsel for the Senate Committee on Health, Education, Labor and Pensions (HELP), where she worked for the late Senator Edward M. Kennedy, and senior attorney to former NLRB Chairman Robert Battista.

Griffin is a long-term attorney for the International Union of Operating Engineers (IUOE). He is currently the union’s General Counsel, and has served on the board of directors for the AFL-CIO Lawyers Coordinating Committee for the past 17 years. Griffin also has worked as a counsel to NLRB Board Members.

Saturday, December 17, 2011

Review Officer Opposes Amalgamated Union

Click to enlarge.
On December 13, 2011 Review Officer Dennis Walsh wrote to Judge Berman requesting the Court hold a hearing and also direct Mr. Bisceglie (Counsel to Amalgamated Carpenters and Joiners Union) to appear, to address the question of "whether the purpose and methods employed by the Amalgamated Union and its intended business interferes with the implementation of the Consent Decree and the Stipulation and Order."

Judge Berman requested Bisceglie to respond to Walsh's letter and has put the matter on the agenda for the scheduled December 20th conference with the Court.

The Dockbuilders are seeking to break away from the UBC and form a new carpenter union affiliate with the International Union of Painters and Allied Trades (IUPAT) and has filed the necessary petitions with the NLRB to conduct a representation election.

In his response, Bisceglie among other things wrote, "the Court should not interfere in any way with the proceedings before the National Labor Relations Board, which is the body with jurisdiction to resolve representation proceedings."

Bilello Wins

The following are the 2011 District Council Officers Election Results.

19711 Ballots mailed-out; 5133 received; 119 "set-aside"; 5014 eligible.
  • Votes for EST: Mike Bilello 2932, Franco 1739 
  • Votes for President: Bill Lebo 1939, Paul Tyzner 1829, Greg Kelty 1126 
  • Votes for Vice President: Michael Cavanaugh 2678, Byron Schuler 2186.

    Delegate Vote For Officers.

Tuesday, December 13, 2011

Contract Update: CBA's Posted For Review By Members

Updated March 1, 2012.

The New York City District Council of Carpenters has negotiated five collective bargaining agreements which are posted below. All members are encouraged to review these agreements and provide feedback to the District Council and your elected delegates from your local union.

Please use the links below to view pertinent changes to each CBA. 

Pertinent changes to the Building Construction Agreement
Pertinent changes to The Cement League Agreement 
Pertinent changes made to the Association of Wall-Ceiling & Carpentry Industries Inc. 
Pertinent changes to the HOSTA CBA: (see page 14 Wage Increase – page 15 Hoist Jumps )
Pertinent changes to the GNYFCA: (see pages 25-26 Wages – pages 27-30 Market Recovery – pages 35-63 Anti-Corruption & Full Mobility – page 67 Pre-Apprentice –pages 95-97 Most Favored Nations Clause)

(John's Note: I posted the Floor Coverers agreement because it contains the "Full Mobility" and the 80% "Market Recovery" language, the other agreements are incomplete.)

Countdown To Close of Voting

Monday, December 12, 2011

Union big: Not guilty, just stoned

MICHAEL FORDE Blames cocaine.
By BRUCE GOLDING

Maybe this crooked carpenter should have been cutting up pieces of lumber instead of lines of cocaine.

Fallen labor leader Michael Forde wants his 11-year prison term tossed due to his illegal drug habit.

In Manhattan federal court papers, the former head of the carpenters union claims his guilty plea to labor racketeering was “not voluntary” because he “was in an anxious and depressed state . . . contributed to by his history of substance abuse.”

“He was not able to fully comprehend the ramifications of his decision,” lawyer Joseph DiBlasi wrote.

But Forde — who tested positive for cocaine and pot after his arrest for racketeering in 2009 — doesn’t blame only the drugs.

He says Judge Victor Marrero should have recused himself from the case because he earlier presided over civil suits involving Forde and the union.

A court spokeswoman said Marrero wouldn’t comment.

Tuesday, December 6, 2011

Law firm may have double-billed carpenters union

By BRUCE GOLDING

A law firm hired by the crooked ex-chief of the carpenters’ union may have double-billed for its services, according to a preliminary probe by the court-appointed monitor of the long-corrupt labor organization.

A report filed yesterday by review officer Dennis Walsh says the union paid the firm of O’Dwyer & Bernstein a retainer of up to $20,000 a month from at least January 2008 through the fall of last year, when former leader Michael Forde was sentenced to 11 years in the slammer.

But Walsh said it’s “unclear whether the retainer was used to offset fees accumulated by the District Council” of Carpenters, which Forde ran before his downfall for taking bribes to let contractors hire illegal aliens off the books.

According to Walsh’s Manhattan federal court filing, senior partner Brian O’Dwyer sent Forde a “bare bones engagement letter” dated Jan. 19, 2000, that said his firm would provide legal services at the rate of $250 an hour for lawyers and $100 an hour for paralegals.

A second letter, dated July 24, 2008, raised the “composite” rate for the lawyers to $300 an hour, “in addition to the regular retainer,” court papers say.

“No further detail is provided about this retainer, not the frequency, not the amount and not how it will be utilized,” Walsh wrote.

But Walsh said his staff found bills for a $20,000-a-month retainer between January 2008 and March of 2009 listed on “a separate invoice from the invoice with specific time entries for the work performed and the monthly total legal fees.”

“From March 2009 on, (O’Dwyer & Bernstein) invoiced the District Council for a $10,000 monthly retainer, also on a separate invoice from the general invoice,” he wrote.

Walsh noted that “the District Council is exploring why this retainer was initially paid and why it was reduced and I will further address this in my next report.”

O’Dwyer didn’t return a phone message and email seeking comment last night.

New York City District Council of Carpenters Benefit Funds Newsletter

Message from the Executive Director

Welcome to the inaugural issue of Benefit Funds News. It is a privilege to take this opportunity to introduce myself as the new Executive Director of the Benefit Funds. I came on board on July 1, 2011, and I have spent the last few months getting familiar with all of the Funds’ operations and working with the Boards of Trustees and the Fund Office staff to institute various changes. Our goal is to improve all facets of the Funds’ operations so that the Fund Office can best serve you and your families.

Monday, December 5, 2011

Updated: The Third Interim Report of the Review Officer

Excerpt from the report, The Organized Crime Threat

Organized crime, predominantly through the Genovese family (though other families continue to have interests and "turf") remains active in its efforts to corruptly influence the District Council and particularly some of its local unions. My office spends considerable time addressing this threat and I employ a broad range of investigative techniques. My staff and I have gathered significant evidence of criminal conduct engaged in by persons affiliated with the Genovese family, some of whom are members of the Union. I and members of my staff meet and confer regularly with law enforcement authorities in this regard. As the investigation is ongoing, I am constrained to say nothing further on the subject.

Sunday, December 4, 2011

Union Transparency

In an effort to better educate our members on union finances and provide much needed transparency, Local157.blogspot.com is providing you with one click, free access to the latest LM-2 Reports filed by the New York District Council of Carpenters. Under the law you have a right to this information.

UBC Reinstates Carpenter who was expelled and fined $25k

Informed sources say that former UBC member Brian Brennan has settled his lawsuit (see below) with the New York City District Council of Carpenters and will be reinstated back into the UBC.

Brennan a 26-year veteran carpenter was ordered expelled and fined $25,000 by the trial committee on March 25, 2010 "for causing dissension among the members of the Brotherhood and violating the Obligation."

Brennan's trouble started back on May 14, 2009 when he participated in a small demonstration outside the District Council's Hudson Street offices against union leadership over a plan to withhold quarterly benefits checks from members who refuse to sign the "Blue Card" and grant the trustees of their welfare fund a new power to levy fines against them.

About 1,000 of the union’s 18,000 or so working members did not signed the "Blue Card."

Carpenters being a vocal lot staged the demonstration and Brennan, one of the few who sticks his neck out brought a sack of flour as a heavy-handed prop as a sign of Mike Fordes cocaine habit.

"We called it 'Mike's coke.' Everyone knew he had a big habit."

A fracas broke out when Brennan tried to go inside to confront benefit-fund officials. He was arrested, accused of hitting a security guard. "I didn't hit anybody," he said. "I'm the one got hit." The district attorney declined criminal charges, but Forde's lieutenants (Pete Thomassen, Lawrence D'Errico, Charles Harkin and Dennis Sheil) filed charges against him.

Disgraced former Carpenter head Michael Forde, pleaded guilty in 2010 to federal racketeering and bribery charges, and was sentenced to 11 years in a federal lockup.

Brennan's attorney, Robert Felix, filed a lawsuit on March 16, 2011 against the Council requesting a jury trial seeking reinstatement and recover back pay.

At a court conference last month, Review Officer Dennis Walsh stated, "I've always been very sympathetic to Mr. Brennan's plight, and I have told the UBC that I thought it was a situation that they should revisit.....[I] also let my opinion be known to the UBC that I think that is a lawsuit that should be settled rather than district council moneys being expended going forward."

The settlement has not been made public, "we don’t know exactly how much the settlement is, but they did settle and Brain Brennan will be reinstated," the source said.

Saturday, December 3, 2011

Unions Display Strength and Unity along Broadway



By Marc Bussanich

President Alvarez with UBC brother Bill Walsh
High unemployment, stagnant wages, bipartisan bickering blocking more stimulus dollars for job creation and the very wealthy earning more and paying less are just some of the issues that galvanized the City’s unions to march along Broadway from Herald Square to Union Square on December 1.

Members from multiple unions, such as SEIU 32BJ, DC 37, Teamster Locals 282 and 814, IBEW, Carpenters and UFT, as well as students and community- and faith-based organizations, made up the diverse assembly.

According to Vinny Alvarez, President of the New York Central Labor Council, the council called for the march not just for the labor movement, but for everybody frustrated by the staggering rise in income inequality.

“The economic policies of the past 30 years have caused the current situation where we have 20 percent of the population owning 85 percent of the country’s wealth,” said Alvarez.