Federal Judge Richard M. Berman issued an order today directing the New York City District Council of Carpenters to ratify the "completed" Wall & Ceiling agreement before he will consider a change to the hiring ratios (67% - 33%) mandated in a May 2009 federal court order.
"The District Council is directed, as a matter of "best practices," to
seek ratification of the completed Collective Bargaining Agreement,
dated March 12, 2013 ("CBA"). Among other reasons, some of the material
terms included in the CBA appear not to have been included in the
Memorandum of Understanding ratified by the Delegate Body on August 22, 2012. Following ratification, the Court will consider the District Council's application to modify the Final Order and Judgment of Contempt and Remedy, dated May 26, 2009,
of United States District Judge Charles S. Haight Jr."Carpenters have been working without a new WC&C contract since June 30, 2011, and have not received a raise since October 2010.
In February 2012, the delegate body voted unanimously to allow the union's members to have final say on a series of five contracts negotiated with contractor associations by the UBC in 2011.
“We decided that the best way to go forward was for rank-and-file ratification of the contract,” said Mike Bilelo, the union's new executive secretary-treasurer. “It's something I campaigned on. It's part of the transparency of the new district council, the desire for us to put control of the organization back in the hands of the membership.”
In March 2012, the membership (including Bilello) soundly rejected the Wall and Ceiling contract (negotiated by the UBC) which included the full mobility provision that would to enable contractors to hire 100 percent of the workforce; the current system compels them to hire at least one-third of their workers via union referrals.
After the failed contract vote, Bilello spent months dithering and flip-flopping before deciding to break his campaign promise (again) and support full mobility.
On August 22, 2012, he reached an agreement (MOU) with the Association of Wall-Ceiling and Carpentry Industries that includes full mobility.
Back in January we wrote, "while we struggle to pay our bills and put food on the table, the Bilello administration, despite having thirteen months in office and claims of working "tirelessly," has failed to nail down a new contract. This inability to negotiate and implement a contract has and continues to cost this membership tens of millions in lost wages and benefits!"
In the latest issue of "The Carpenter" Bilello incorrectly wrote, "The Wall Ceiling contract was negotiated last August but could not be implemented due to the requirements imposed by the Review Officer (RO)."
Last week in a letter to judge Berman, counsel for the District Council James Murphy wrote, "the CBA is properly before Your Honor for approval because it substantially reflects the material terms of the MOU."
Last month Review Officer Dennis Walsh slapped Bilello with an eight-count notice of possible veto. The charges include among other things, "failing to take reasonable and prudent measures to implement the terms" of the Wall and Ceiling contract."
Delegates to the council are expected to vote on the fully executed Wall & Ceiling agreement at the next Delegate meeting on April 25th at 5:00 p.m.
This sounds like good news. We need an actual, real vote on the real contract, a vote which will give the delegates the opportunity to represent the members of our union. I'd like it even better if Judge Berman had said that the entire membership was to vote. In any case, I hope that one of the delegates will make the motion that this vote be a roll-call vote. I don't mean just the counting of hands, either. I mean we need an official record of each delegate's actual vote on this contract. The delegates really need to go to their locals and get their member's input and then they need to own their vote. I'll say it again: They need to make their cases and own their vote. Whichever way it goes, we need real transparency and accountability in the interests of democratic decision-making. This delegate body and its leadership has lost so much respect with its non-transparency. It sometimes seems like a steamroller being driven for someone else's benefit, with no concern for the members opinions...or does it? Who can say with all the unaccountable votes taking place over angry voices....Delegates: MAKE YOUR CASE AND OWN YOUR VOTE.
ReplyDeleteThe delegates really need to go to their locals and get their member's input and then they need to own their vote. I'll say it again: They need to make their cases and own their vote
DeleteAs you an see that according to this time frame a proper back & forth will never ocurr!
I know that many locals will have meetings before the 25th when the vote is to be held. If your local will not meet before that date maybe you should reach out to your delegate and let your views be known. I suspect however, that the delegates already know how their members feel since this contract has been such a long time coming. My main point is that this vote should in no way be secret. It seems clear that some delegates are not voting the way their members want them to. We need this vote fully documented so that the membership can really take this vote into account if they want to, at the upcoming elections.
DeleteIMPORTANT MESSAGE FROM EXECUTIVE SECRETARY-TREASURER
ReplyDeleteDear Brothers and Sisters:
William S. Lebo officially tendered his resignation from his position as President of the New York City and Vicinity District Council of Carpenters on Friday, September 21, 2012. Due to personal reasons that include the tragic passing of his wife this year, Brother Lebo is unable to devote the full time and attention that is required to fully serve our membership and fulfill the responsibilities of President.
Fraternally,
Michael R. Bilello
Executive Secretary-Treasurer
NYCDCC
(John's note: Once again the membership is being mislead by Bilello, this letter is total BS)
SILLY EST - TRICKS ARE FOR KID's! (I mean Wabbit's)
LIAR, LIAR!!!!!!!!!!
Stipulation & Order 5(b)(i)(2)
ReplyDeleteThe Review Officer must be given prior notice of, and is granted the authority to review, all contracts or proposed contracts on behalf of the District Council (except for Collective Bargaining Agreements)
5(b)(ii)(2) & (4)
(2) The Review Officer is granted the authoirty to review all contracts
(4) The Review Officer is granted the authority to Review all changes to the Benefit Fund Trust agreements, and any other rules, policies, or practices
___________
1) What part of the "except for" qualification regarding CBA negotiation does the R.O. fail to comprehend? H'mmm.
2) The "except for" qualification also via default would appear to include a) Babysitting the EST Bilello & b) Lying to the rank & file member and/or the Court in regard to EST Bilello's malfeasance in office, or it "would appear" that way....
It would "appear" that lawyers like to use the soft sell, sweet tones of hugs & kisses and kumbaya b.s. when they don't have the sack to call an ace an ace & a spade a square edge shovel...oh crap, that's not how the saying goes
Delegates are you supposed to vote according to the membership.Delegates dont need to make a case,they just need to inform the members on the issues and ask how they would like them to vote. This solves two problems first one is the members democratic right to vote on their livelyhood,and secondly the delegate can now say he did the memberships will and thats democracy!!!
ReplyDeleteI agree with you! Delegates should vote the way their members want them to! Unfortunately, this seems to have not happened. Since that is the situation we find ourselves in, I am calling for more back and forth between the delegates and their local members before this vote, and for good record keeping of this vote. We should require full accountability for this very important vote. Surely you would agree with that? When I say delegates should "make their case" it is in the interest of real dialogue. Our membership is divided on the issue of full mobility, we don't want it, but our delegates do...haha....humor.....When I say "make their case" I am just calling for real, deliberate and open debate on the issue we face with full mobility. Man up. Woman up. Trans up. Get it on the record. Lets get some sunshine on this contract and its vote. Lets hold our delegates accountable.
DeleteSTIPULATION & ORDER: 5(b)(iii)
ReplyDeleteUpon reviewing any matter in parts 5.b.i & 5.b.ii, the Review Officer may determine that the matter reviewed
a) constitutes or furthers an act of racketeering as defined in 18 U.S.C. Sec. 1961; or
c) is contrary to or violates any law or Court Order entered in this case; or
d) is contrary to any Fiduciairy responsibility ompised by 29 u.s.c. Sec. 501 or the Employee Retirement Income Secuirty Act (ERISA), 29 U.S.C. Sec. 1001 et. seq. ("ERISA"); OR
e) is inconsistent with the objecttives of this Stipulation & Order....
Upon such determination in the case of the District Council, the Review Officer may veto or require the District Council to rescind, proposed action or lack of action
________________
Silly R.O., Tricks are for Kid's
Let's cut the bullshit here, we're all men (most of us). Bilello & the Benefit Fund Trust key employees, fiduciairies and trustees (employer & union) are guilty of further acts of racketeering under Criminal RICO statutes - period.
R.O. Walsh needs to veto their Employment immediately, starting with EST Bilello and forward the mAtter to the DOJ & that half-wit Torrances superiors in Washington D.C. fro criminal prosecution.
Predicated upon the RO's projected 18M Man-Hours, the 4.33 year extortion of member Pay Raises may equaly sums btw, $165M 0 $200M dollars (U.S.)
Never mind the bullshit lying to Judge Berman to cover Bilello or the Fiduciairy/Trustees ass'es here. All of them are guilty or racketeering & the RO cannot use an after the fact phony Vote through the Council Delegate Body to justify the prior bad acts, criminal RICO actions of the aforementioned players. This includes the RO and in-house counsel Murphy and counsel Ex-Federal Judge Kenneth Conboy
Never mind the Kumbaya Bullshit - do your god damn job, all of ya, including the Judge.
You assholes make the Mob look like a brownie Troop. Collectively, over 23-1/2 years. you have raped the membership for far more Money than the Mob or Forde & his coeked up Pals ever did, yet they stand convicted while you all now actively angage in a cover-up to save Bilello and the other shit-heads down at 395 Hudson
you mean the same delegates who voted that they didn't need to read or hear of the charges against the very EST that said he didn't want full mobility and that he was to make sure of transparency and accountability to the members?sounds like we have a whole lot of yes-men voting the way that the est is leading them by that ring in their noses!!!! REMEMBER ALL DELEGATES THE MEMBERS VOTED DOWN THE FULL MOBILITY BULLSHIT. WE KNOW THAT FULL MOBILITY IS GOING TO OPEN THE DOOR TO CORRUPTION THE LIKES WE HAVE NEVER SEEN BEFORE. IT WILL GIVE THE BOSSES UNFETTERED CONTROL OVER THE WORKFORCE. ITS BAD ENOUGH WE HAVE BEEN DEALING WITH AN OWL THAT HAS BEEN DYSFUNCTIONAL,AT BEST,THE LAST FEW YEARS. THIS HORSESHIT HAS TO STOP. PLEASE JUDGE BERMAN, THROW OUT THE RIFFRAFF WHO SEEM TO THINK THAT THEIR SHIT DOESNT STINK. WE NEED TO CLEAN HOUSE AND PLACE ONLY THOSE WHO ARE KNOWN TO HAVE THE BEST INTERESTS OF THE MEMBERS AT HEART.THIS INCLUDES ALL AT THE TOP INCLUDING THE RO WHO IS NOT DOING ANY SERVICE TO THE MEMBERS.
ReplyDeleteAnd I bet you guys think that you are gonna get retroactive pay...
ReplyDeleteFlintlock is hiring if anyone needs a job- they have new Mandarin crews to complement their Ecuadorean teams. Stop out in Jackson heights for good papers before you come. Some old, dead white lady won't mind you using her ID. Pay starts at $15, but you actually get to build.
If not for Sandy, this town would be tight. Notice that little has been rebuilt? Too many lawyers- they have scared away the honest contractors.
Just get one of the Scaffold Lawyers and say you are "injured". All you have to do is kill another loyal union contractor's business. Hurry up - most of them are gone. The Chinese don't make claims because their families will disappear in the Motherland.