Wednesday, March 20, 2013

Contract Update: Schroeder Letter to Judge Berman

John's note: At last Wednesdays delegate body meeting, EST Bilello looked like a deer caught in the headlights and was unable to answer a simply question regarding his authority to sign a contract which allocates $2.12 per-hour to the Welfare Fund. Bilello is clearly in violation of the District Council Bylaws, section 21 is very clear, the delegate body decides all questions of allocation of trust fund monies. The $2.12 allocation was never debated, approved or voted on by the delegate body, the only delegate vote that ever took place regarding the WC&C contract was on a four page MOU on August 22, 2012. The agreement submitted to judge Berman has never been submitted to the delegate body for a ratification vote.
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Dear Judge Berman:In regard to the execution of the District Council/Wall-Ceiling contract (CBA) dated March 12, 2013, as set forth by the Court's March 13, 2013 Order [Document 1255] I submit for Your Honor subsequent observations relevant to the Case:

During the District Council Delegate Body meeting of March 12, 2013, Delegate John Musumeci of Local Union 157 brought to the attention of EST Michael Bilello two discrepancies within the Wall- Ceiling Agreement.

1) Mr. Musumeci's identified the non-existent “stamp plan” (referred to by side-letter enclosure of District Council attorney Murphy in submission [Document 1272] to Your Honorable Court on March 15, 2013.) Said language needs to be stricken from the CBA.

2) Delegate Musumeci then presented a second discrepancy to EST Bilello within the Wall- Ceiling Agreement regarding an hourly-allocation of $2.12 to the Welfare Fund. Though not vested by the August 5, 2011 District Council Bylaws with authority to do so, and in absence of approval from the Delegate Body under its inherent and controlling plenary power. EST Michael Bilello entered into an illegal agreement on behalf of the District Council with the WC&C and increased the Welfare Fund contribution by $2.12 per from $11.25 to $13.37.

EST Bilello was questioned directly by delegate Musumeci why he would execute a contract allocating wage rates and fringe benefit contributions without debate or vote by the Delegate Body.

The EST has no authority either express or implied which allows him to subvert and hold unto himself a power not reserved to him, thus his illegal actions require a veto by the Review Officer.

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6 comments:

  1. AnonymousMarch 20, 2013 at 7:31 PM

    Great job Damian

    ReplyDelete
  2. AnonymousMarch 20, 2013 at 10:19 PM

    DROP DEAD UNITY TEAM !

    ReplyDelete
  3. AnonymousMarch 20, 2013 at 11:53 PM

    thought it was $2.13,another mistake.

    ReplyDelete
  4. AnonymousMarch 21, 2013 at 4:21 AM

    Damian maybe you could help Dennis Walsh figure out his job. I would give you his pay and let him make market recovery. Thank you Damian their are a boat load of facts laid at Dennis Walsh door and he continues to kick them aside and drive his agenda with these less than competent team members running down the members right to democratic process everyday. Drug test Dennis Walsh now.

    ReplyDelete
  5. AnonymousMarch 21, 2013 at 6:03 PM

    No Delagate Vote, the Rank & File member must Vote on the whole Contract just like last year, plus the $166 million they want to steal for the crappy self insured health plan. We should put that money into the mens paychecks end the Welfare Fund & make the Association pay for a HMO or put us in OBAMA-CARE.

    The DC loves Obama, so why don't we fire all the losers, liars and thieves in the Welfare Fundfatten the take home pay and get as good or better covergae with the Presidents plan?

    ReplyDelete
  6. AnonymousMarch 24, 2013 at 10:42 AM

    so how the hell is what sheil signed with that mwa bullshit legal?why hasn't that been dismissed?why are we being held to account for something that was signed by a man with no authority to do so?

    ReplyDelete

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