Carpenters request Court Intervention

In the court papers filed Friday in federal court in Manhattan, rank-and-file carpenters request Court intervention on the new three dispatch rule and the MWA Arbitration crisis.

Attorney Joshua Douglas, writing on behalf of the rank and file says, "members request your intervention over two matters of concern to them. I have enclosed memorandums detailing their positions regarding each matter. "

The matters of concern are (1) The announcement by the District Council that it will be executing changes to the Out-of-Work list commencing on August 13, 2012 despite having failed, and denied, the members any opportunity to exercise their right to comment on such changes and (2) The finding of an Arbitrator that the "Most Favored Nation" clause was triggered by a contract signed days after the indictments of union officials in 2009 by an individual whom Review Officer Walsh has determined lacked authority to bind the District Council.

In compliance with the Review Officer's (RO) recommendation, commencing August 13, 2012, the District Council changed the out-of-work list (OWL), 25-day rule and replaced it with a 3-referral rule, without any opportunity for the rank and file to comment on the change.

We also reported that on May 3, 2012 the MWA won in arbitration a lawsuit it brought against the District Council, having to do with a shady deal made in 2009 by Dennis Sheil, (former disgraced Vice President of the corrupt Forde administration) with a company called Gilbert Displays, Inc,  (an out-of-association contractor) that sets the wage and benefit package for journeymen employees at a rate lower than that in the July 1, 2007 - June 30, 2012 agreement with the MWA.

The Arbitrator (Rosemary A. Townley) found in favor of the MWA's arbitration claim, that its "most favored nations" clause entitles MWA employers to receive the same terms granted by the Gilbert/Sheil shady deal.

In June, the MWA bosses used that decision to unilaterally cut the hourly fringe benefit rates to all shop and outside installers to $10.94 and at a hearing on July 19, the MWA claimed its damages were $59 million based on the shady Gilbert/Sheil deal.

Rank and fliers believe that the interests of the District Council are best served by leaving the OWL rules and the MWA Arbitration crisis, up to the discretion of the Court.

Judge Berman has ordered "that the RO and District Council comment in writing on the enclosed letter on or before August 15, 2012."

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