MOA along with 2006-11 CBA between the District Council and the General Contractors Association of New York (GCA) covering Dockbuilders. Click here for Memorandum of Agreement.
Showing posts with label dockbuilders. Show all posts
Showing posts with label dockbuilders. Show all posts
Monday, June 24, 2013
Wednesday, June 5, 2013
Decision and Order––Passero Appeal is denied
On February 12, 2013 we reported that Review Office Dennis Walsh vetoed
Joseph Passero as President of Local 1556. Last March, Passero sent a letter to to Judge Berman requesting judicial review of the veto.
Today, the Court issued its decision and wrote: "The decision to veto Passero as President of Local Union 1556 was within the RO's broad mandate and authority. (Stip. & Order at 3 ("[T]he presence and activity of an independent court-appointed officer. .. are essential to the eradication of corruption and racketeering as they affect union carpenters and union employers.").) The RO has broad authority to investigate allegations of wrongdoing by officers, members and trustees and to review and veto persons currently holding office or employment. (Stip. & Order 5.a, 5.bj, iii); see also Dist. Council of New York City, 2012 WL 5236577, at *5; Inri Bhd. Of Teamsters, 970 F. 2d at 1137 (The Court "must give 'great deference' to the decisions of' a court-appointed officer.); Dist. Council of New York City, 2010 WL 5297747, at *8 (The RO's powers are "broad and should be so construed.")."
Saturday, June 1, 2013
Wednesday, April 24, 2013
NLRB Certifies the District Council as the Majority Representative of Dockbuilders Employed by GCA Contractors
The NLRB has certified the New York City & Vicinity District Council of Carpenters as the majority representative of Dockbuilders who work for contractors who are members of the General Contractors Association (GCA). In doing so, the NLRB rejected an appeal filed by a breakaway group of a Regional Hearing Officers findings and recommendation in favor of the District Council. Back in March 2012, the District Council won a NLRB secret ballot election by a margin of nearly two to one against Amalgamated, a breakaway group led by attorney Angelo Bisceglie.
Amalgamated filed objections to the election that required--after months of delay--a three-day hearing at the NLRB's Newark Regional Office. The Hearing Officer credited the District Council's account of the election campaign, rejected all of the Amalgamated's objections, and recommended that the District Council be certified as the GCA-employed Dockbuilders collective bargaining representative. By its Decision, the NLRB in Washington, DC adopted in all respects the Hearing Officers factual findings and conclusions of law.
Click Here to View the Decision and Certification
Thursday, March 28, 2013
A Message from our Executive Secretary–Treasure
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| EST Bilello |
I want to begin by mentioning our fallen brother, Michael McQuade, beloved husband and father of two. Michael, a Dockbuilder Diver, died while working on the job Sunday, February 17, 2013. We mourn his family’s loss, which is our loss as well. While at the funeral service, I stood between VP Mike Cavanaugh and President Steve McInnis and was struck by how important it is for us to be there for our members and their families at all times. I offer my sincere condolences to the McQuade Family.
One of the most pressing of the many issues this District Council has had to deal with over the past year since we’ve been in office is the drastic cuts to the Welfare Fund benefits. These cuts, instituted this past June, were the result of a decision made by an arbitrator prior to our being elected and unbeknownst to us until taking office. These cuts have since become one of our primary issues to rectify. One clear path forward to attaining that goal is increasing the number of man hours contributed to our benefits funds.
Tuesday, March 26, 2013
Update: Bilello Rocked by Scandal
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| Bilello—Gross Negligence |
We reported that on July 1, 2012 Executive Secretary-Treasurer Michael Bilello failed to seek delegate body approval and improperly diverted a July 1, 2012, $2.59 per hour contract raise with the Hoist Trade Association into the welfare fund, costing members millions in lost wages.
We also reported that Bilello has also attempted to improperly allocate the contract raise with the Association of Wall-Ceiling and Carpentry Industries agreement; the March 12, 2013 executed CBA submitted to Judge Berman for approval purports to allocate $2.12 per hour to the Welfare Fund.
Informed sources say that Bilello plans on having all allocation decisions put before the delegates for approval at tomorrows delegate body meeting.
Though not vested by the District Council Bylaws with authority to do so, Bilello failed to seek delegate body approval for allocating monies into the welfare fund. Section 21 of the District Council Bylaws, is very clear, the delegate body decides all questions of allocation of trust fund monies.
I have reviewed the meeting minutes of the delegate body from May 2012 through March 2013. At no time did Bilello inform the delegate body of his conduct to or seek their approval to allocate a contract wage increase into the welfare fund.
The RO is expected to have all of the answers for Wednesdays delegate meeting, "It is certainly possible that gross negligence will be the explanation for the allocation issues," the RO said in an email.
In my view the first contract raise should rightly go into the pockets of the Rank and File who have not had an wage increase since 2010. There will be another contract raise implemented in 3 months, there needs to be a much more informed discussion and debate about reducing and controlling our costs in the welfare fund, and with our choice of a health care provider. We should also have a detailed study of the expected increase in man-hours (2 million) with the approval of full mobility, and the expected increase in man-hours as we enter into a construction spending building boom, before the delegate body wantonly rubber-stamps these allocations to the welfare fund.
The key in solving the problems of the welfare fund is increasing man-hours, increasing the contribution rate does not compensate for the loss in man-hours. We should not have members paying higher rates for the same health coverage.
Below is a the inaugural issue of Benefit Funds News, it was originally posted in December 2011. There is a very good frequently asked questions and answer section regarding the welfare fund. One question that you will find interesting is:
Q. Why not just increase the employer hourly contribution rate?
A. A contribution rate of $11.25 per hour is already substantial and represents over 13% of your total hourly compensation. Increasing the employer contribution rate is not the solution. In fact, it may be counter-productive to improving the employment situation. Because it is in everyone’s interest that our union employers remain competitive with non-union employers, we must start with controlling our costs.
(John's note: Call your delegates and tell them to vote no on increasing the allocation to the welfare fund. In addition to the below newsletter read the Fourth Interim Report by the RO page 56 regarding the welfare fund) .
Monday, March 25, 2013
Update: Bilello Rocked by Corruption Scandal
On Saturday we reported that...The New York City District Council of Carpenters is once again rocked by scandal as Executive Secretary-Treasurer Michael Bilello illegally diverted $2.59 per hour contract raise with the Hoist Trade Association, increasing the welfare fund contribution from $11.25 to $13.84.
Below is the fringe benefit agreement showing that the welfare fund contribution did in fact increase by $2.59 per hour on July 1, 2012. It is estimated that at least $1.5 million has been illegally diverted out of the pockets of hard working hod hoist carpenters.
Also today I called and sent the following email to Bilello and the District Council Officers, they did not return my calls or respond to the email.
Gentlemen:
Can you please cite and supply authorities that allowed for the July 1,
2012 allocation of $2.59 into the Welfare Fund regarding the agreement
between the NYCDC and The Hoisting & Scaffolding Trade
Association.
Saturday, March 23, 2013
Bilello Rocked by Corruption Scandal
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| Click to enlarge. |
Breaking News...The New York City District Council of Carpenters is once again rocked by scandal as Executive Secretary-Treasurer Michael Bilello illegally diverted millions of dollars of a contractual raise into the welfare fund and now may face a possible veto by Review Officer (RO) Dennis Walsh.
Though not vested by the District Council Bylaws with authority to do so, we just learned that on July 1, 2012 Bilello failed to seek delegate body approval and diverted a $2.59 per hour contract raise with the Hoist Trade Association, increasing the Welfare Fund contribution from $11.25 to $13.84 (the highest member contribution).
The Hoist Trade Association Agreement was passed in the direct membership vote in March last year. It is one of five agreements sent out by the delegates for a direct vote and the only one that passed (see letter). The Hoist agreement covers approximately 600 to 800 members who work over one million man-hours a year. It is estimated that at least $1.5 million has been illegally diverted out of the pockets of hard working hod hoist carpenters.
Hod Hoist Carpenters are members of Local 1556, they erect and maintain the material and personnel hoist on new construction sites. They also work on scaffolding and sidewalk bridges across the city. In July 2011, UBC General President Douglass McCarron dissolved Local 1456 (former Timbermen/Hod Hoist) and Local 1536, (former Dockbuilders) the memberships of both local unions were merged into the new Local 1556, which has approximately 3300 members.
Roto Born, a hod hoist shop steward working at St Patrick’s Cathedral was unaware he even received a raise.
“I am working on one of the largest scaffolding jobs in the city and the men and I didn’t even know we received a raise, why was the entire raise put into the welfare fund and why weren’t we even notified about this," Born stated.
In an email to the RO requesting comment on the illegal allocation, the RO stated, “if that was done it was without notice to me.”
I contacted several district council delegates and they all stated that they have “no recollection of the hoist raise ever being mentioned or debated” nor is there any reference to the raise recorded in the delegate meeting minutes.
In a March 21, 2013 letter to Judge Berman, the RO stated among other things, “there is no question that pursuant to Section 21 of the District Council Bylaws, the delegate body decides all questions of allocation of trust fund monies."
Friday, March 15, 2013
Passero Request To Judge Berman
On February 12, 2013 we reported that Review Office Dennis Walsh vetoed Joseph Passero as President of Local 1556. Below is a letter from Passero to Judge Berman requesting judicial review of the veto.
Tuesday, February 19, 2013
Cops: Camden County man -- a Marine vet -- died in Sayreville barge accident
The District Council has reported that Brother Michael McQuade, was a member of LU 1556, our hearts and prayers to out to his family.
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| The Morgan Bridge, which spans Sayreville and Old Bridge. |
By Brian Amaral/NJ.com
SAYREVILLE – Police said today that Michael McQuade, a 34-year-old resident of Clementon, died Sunday after an industrial accident under a bridge on the Sayreville-Old Bridge border.
McQuade was working for Hydro-Marine Construction, based on Hainesport, when the accident occurred.
According to a USA Today story from 2011, McQuade was a Marine veteran who had suffered a collapsed lung and an injury to his knee after a car accident while on duty. He was discharged in 2001, the story said.
"You spend five years of your life (in the military), living a very disciplined lifestyle. You come out and it's like, 'What do I do now?'" McQuade is quoted as saying.
The story said that McQuade was married with two young children.
McQuade was a diver, responsible for welding and pouring concrete underwater, according to USA Today.
Authorities have yet to say exactly how the accident occurred, but they have said they do not believe it is suspicious. Early reports indicated that he was pinned by a barge under the bridge. The company he was working for declined to say what type of work the company was doing near the Morgan Bridge on Route 35.
The federal Occupational Safety and Health Administration is investigating the cause of the incident, Sayreville police said. The Coast Guard, State Police and Old Bridge police also assisted the investigation.
Saturday, February 16, 2013
Local 1556 President Vetoed
Updated 2/16/13...Originally posted 2/12/13
(John's note: I updated this post with the RO "Notice of Veto"and "Declaration of Jack Mitchell").
Breaking News...Review Office Dennis Walsh has vetoed Joseph Passero as President of Local 1556.
Thursday, February 7, 2013
How the Pile Drivers Became Carpenters
Below is a historical article about how the Pile Drivers Became Carpenters, which you may find interesting. I had a request to post it.
Thursday, January 3, 2013
Court Rejects Challege to RO Investigation
The Court hereby denies Bisceglie’s application as follows:
Sunday, December 2, 2012
The case against Charles Harkin, John Harkin and Gary Shelton—The "Dockbuilders"
After sixteen days of proceedings and trial, starting last December, on July 30, 2012 a panel of the Trial Committee (Trial Committee) of the District Council of New York and Vicinity (District Council) of the United Brotherhood of Carpenters and Joiners of America (UBC) found Charles Harkin, John Harkin and Gary Shelton (Charged Parties) not guilty of misappropriation of funds and not guilty of defrauding members. The Trial Committee did find the Charged Parties guilty of Violating the Obligation and imposed a reprimand and monetary penalties.
The District Council then moved for a judgment notwithstanding the verdict of not guilty on the misappropriation charge and requested that we find the Charged Parties guilty of misappropriation.
The District Council did not ask us to reconsider the jury’s verdict of not guilty concerning defrauding the members. The Charged Parties opposed the District Council’s application concerning the not guilty verdict on misappropriation. The Charged Parties, in turn, moved for judgment of acquittal notwithstanding the guilty verdict - - Violating the Obligation -- and requested a reconsideration of the penalties imposed.
On October 3, 2012, we issued our Decision on Post Hearing Motions, denying all motions. In doing so, we employed the traditional and demanding test that our duty on review is not to reweigh the evidence but to decide whether there is a sufficient evidentiary basis for that verdict.
The Review Officer and District Council each then advised that we erred in applying that standard and that the correct guide is Rule l3B(2) of the Trial Committee procedures.
The Rule provides: “The presiding officer... shall have the authority upon motion of a party to... enter a ‘judgment’ notwithstanding any decision of a Panel when such decision is contrary to the weight of the evidence.”
The Review Officer and District Council ask that the Presiding Officer in this matter conduct his own assessment of the evidence de novo and substitute his judgment regarding the sufficiency of the evidence for that of the jury.
On October 17, 2012, we granted the District Council’s motion for reconsideration of our October 3, 2012 decision. Before we decide this matter, it is useful to set forth the reasons for and against reconsideration.
Conclusion
This case consumed nine months. The first few months involved procedural matters. The jury then heard testimony and reviewed exhibits for fourteen days. There is no evidence of bias, prejudice, improper influences or the like. The panel paid attention, asked intelligent questions, and did not rush to judgment, but deliberated carefully. Hardly biased, it found the Charged Parties guilty of Violating the Obligation and imposed a reprimand and monetary penalties.
This panel was typical of other panels with which we have worked over the past two years, comprising members who have committed themselves to that sometimes overworked but valid phrase - - Carpenter Justice.
To reverse the verdict and now find the Charged Parties guilty of misappropriation or defrauding - - or innocent of Violating the Obligation - - would not simply be a miscarriage of justice, it would be a travesty, triggering substantial questions concerning our independence, our intelligence, and, in an intellectual sense, our integrity. It also would raise profound questions concerning whether the Charged Parties received a fair hearing within the meaning of the Landrum-Griffin Act. Finally, for all of us, including the Presiding Officers, it would raise the ultimate question: quis custodiet custodes?
Voiding the verdict would compromise both justice and the process that the District Council, Review Officer, jury panels, and the Presiding Officers, working together, have implemented, when there is no principled basis so to do. It would be a cruel paradox if our last act before departure would be to sully the extraordinary efforts of the many jury members - - Union members - - who have labored to achieve fundamental fairness. Their efforts and that success is one of the most significant accomplishments of this reform effort.
James Zazzali
Vice-Chairman
Walter Mack
Chairman
Audio Recording Meetings
What position should a Local Union take if a Member asks to audio record a meeting or if a Member simply start recording the meeting while it is in progress without asking for permission?
With the proliferation of electronic equipment in today’s world, any Member attending a meeting can record the meeting.
A Member may want to record a meeting so that he can review the recording later to ensure that the minutes of the meeting are accurate and complete. A Member may want to record a meeting so that he can prove the Local is not treating him fairly. However, when a Member turns on an audio recording device at a meeting, other Members may feel intimidated. Member may be afraid of saying something that is legally wrong and may not want to talk at the meeting if their every word is recorded.
How much privacy a person is entitled to in our society is the subject of legislation both federal and state. However, this legislation is geared towards dealing with the issue of privacy and government record keeping and private communications intercepted by the police.
Tuesday, November 27, 2012
NLRB Upholds District Council’s Dockbuilders’ Election Victory
NLRB Hearing Officer Rejects Amalgamated’s Objections to District Council’s Dockbuilders’ Election Victory
A National Labor Relations Board Hearing Officer has issued his Report recommending that objections filed by the Angelo Bisceglie led Amalgamated union be overruled and that the District Council be certified as the collective bargaining representative for nearly 800 Dockbuilders employed by the General Contractors Association (GCA).
The District Council won the election back in March by almost a two to one margin. But the Amalgamated filed objections that have now been rejected after nearly three days of hearings in early October.
The Hearing Officer credited the testimony of EST Mike Bilello, finding it “straightforward and more reliable than contradictory testimony.”
In contrast, the Hearing Officer found the testimony of Amalgamated supporter Eric Gunderson “to be overly evasive during cross examination” so that his testimony couldn’t be believed.
Source: NYCDC
Sunday, July 8, 2012
VOTE Joseph Passero for President Local Union 1556
Brothers and Sisters of Local Union 1556,
Our Local Union is at a crossroads. Ballots were sent out that did not directly address the Timbermen, Hod Hoists Carpenters, and Core Drillers. This clearly comprises our Local’s Membership as it could appear as a slight at best or an insult at worse, offending those Members not addressed directly in the first ballot.
This has necessitated another ballot mailing at an additional expense of $7,400.00. This is wasteful and underscores the lack of forethought and appropriate attention to detail in consideration of the ENTIRE MEMBERSHIP.
Once again, in the light of yet another poor performance by the present administration continuing the patterns of the past. Ask Yourself: “Should this election be Business and Usual or be the opportunity for a New Direction?”
Brothers and Sisters of Local Union 1556 this is Your ballot, Your choice, Your vote! You will decide! 2,496 Members of our Local must make a choice. You have the power to chart and create change in Local Union 1556's Future.
Transparency breeds Accountability which leads to a higher level of participation of our hard working Brothers and Sisters encouraged by such a demonstration of concern for properly informing Individual Members.
I am Joseph Passero, I ask for Your Support and Vote to bring Local Union 1556 back to the members’ control. In this, you can hold me responsible for achieving transparency of action, a cessation of wasteful spending and cronyism, and a new direction of overall integrity of our union; not “Business as Usual.”
Click here for link to my first letter published, June 11, 2012.
I will be steady, accountable, honest, and transparent. You have my word.
You can contact me about issues or concerns with our Local or the NYCDCC, my email address is thedockbuilder@gmail.com my phone number is 646-456-6966.
I Thank You.
Fraternally
Joseph Passero
Local Union 1556
UBC Certified Steward
Saturday, June 16, 2012
VOTE Joseph Passero for President Local Union 1556
Dear Brothers and Sisters of Local Union 1556
Change is in the air. You can feel it or ignore it at your very own personal peril. These last few years/months have been different from what we all usually expected. We have been merged, we have seen many people come and go and yet, some want things to remain the same.
Our deep and great history has shown us that dockbuilders, timberman, divers, tenders, hod hoist carpenter and core drillers are essentially conservative, but now, to try and conserve what we have is madness, because change is in the air. If we do not adapt to the new situations under which we must survive, then we will perish and become the new dinosaurs.
I am Joseph Passero, a proud diver/dockbuilder that has in the past sought and fought for what is right for the members. In my zeal to achieve our survival (in these very difficult times), some have chosen to marginalize me, minimize me and pray that I would just go away and melt into the background. But my determination to see a better local, transparent and loyal to its members has not been affected.
The majority of you, the members can see for yourself who are the people that have our local's interest at heart. Change is in the air and I ask you to join me in defining our future, our destiny without the shackles of those that have misled us all in the past. We can together forge a new direction which is accountable and transparent, that is responsible and trustworthy, that is real in these difficult times to our needs. I ask for your help because I am not, never have been, nor will ever be associated with the past "leaders" that have brought us all too where we are now.
I pledge before you now to run an administration that will carefully weigh the best interest of our membership. I pledge to secure our jurisdiction and make no concessions to those that would water down our rights and our prestige as craftsmen in our industry. I pledge to lead, with the input of every member and the consent of each and every one of you. I will update all of us as to progress or setbacks transparently. We are all in this together. I pledge zero tolerance for cronyism and favoritism. After all, the local belongs to all of us and should reflect this basic truth: that any leader or administration is acting in behalf of the intended beneficiaries of the local: this means you! And you are the most important part of this union as a member in good standing whose productivity contributes to the wellbeing of all our membership. In putting all of you as individuals first. We cannot fail, this is my pledge for a new direction.
I am asking for Your Support and Vote Joseph Passero for President of Local Union 1556 for a New Direction, not business as usual.
You can contact me about issues or concerns with our Local or the NYCDCC, my email address is thedockbuilder@gmail.com my phone number is 646-456-6966.
Fraternally,
Joseph Passero
Local Union 1556
UBC Certified Shop Steward
Wednesday, June 6, 2012
Genovese operative Joseph Olivieri sent emails from prison in attempt to get union carpenters back under mob's control: report
Monitor Dennis Walsh says mobster regularly communicated with lawyer from Fort Dix lockup
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| Dennis Walsh, (r.) a court-appointed monitor, says Genovese crime associate Joseph Olivieri said wise guy regularly emailed lawyer in effort to funnel union carpenters into a new, mob-controlled union. |
BY GREG B. SMITH / NEW YORK DAILY NEWS.
A top Mafia operative used his email access from federal prison in an attempt get union carpenters - the city's biggest trade group - back under the mob's thumb, a new report reveals.
Joseph Olivieri, the Genovese crime family's liaison to the city's trade unions, was sentenced to 18 months in June 2011 for lying about mob infestation of the 20,000-member District Council of Carpenters.
In a report released Monday, Dennis Walsh, a court-appointed monitor overseeing the cleanup of the long-troubled union, found that Olivieri didn't let prison slow him down. Walsh subpoenaed months of Olivieri's emails from the minimum-security prison camp at Fort Dix, where Olivieri regularly communicated by email with lawyer Angelo Bisceglie in an effort to funnel union carpenters into a new, mob-controlled union.
The Bureau of Prisons says inmates do not have direct access to the Internet but communicate electronically to the outside world by submitting messages to prison officials for review.
Officials must approve of the inmate's contacts, and the text is perused to make sure it's not a threat to security or part of a continuing criminal conspiracy.
Tuesday, April 17, 2012
Union trying to lure away members of New York's District Council of Carpenters
But many leaders of the breakaway Amalgamated Carpenters & Joiners were themselves kicked out of the District Council and its locals
By Greg B. Smith
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| Clockwise from top right: Joseph Firth, Charles Harkin, John Harkin and John Holt. |
The breakaway Amalgamated Carpenters & Joiners union is trying to lure away members of the city’s biggest construction union, the District Council of Carpenters, but many of Amalgamated’s leaders were themselves kicked out of the District Council and its locals, charged with spending union funds on personal perks, records show.
The District Council — which has a long, sordid history of mob control and corruption — is now operating under a court order in which the union is monitored by review officer Dennis Walsh, who is investigating whether Amalgamated is simply a ruse to escape court oversight.
An attorney for Amalgamated, Angelo Bisceglie, called Walsh’s fears “total nonsense” and defended the upstart union. “There's a long history of corruption in that union. We're trying to get away from that,” he said. “Dennis Walsh can make all the allegations he wants, but we’re going to play by the letter of the law.”
Records show several of Amalgamated’s leaders had been drummed out of the District Council. Here’s the lineup:
Joseph Firth, Amalgamated’s president, was fired as president of carpenter’s Local 608 in 2010 amid charges that he’d rigged hiring lists to get cronies jobs at Ground Zero. He’s banned from holding office with the District Council or the United Brotherhood of Carpenters, for 10 years — a ban that wouldn’t apply to Amalgamated. Firth said his firing was “political,” adding, “I didn't do anything criminal or wrong or anything.”
Charles Harkin resigned as president of Local 1456 while under investigation for racking up unapproved expenses and ringing up $1,500 to $3,000 monthly dinners at Marinella in Manhattan. His case is before the union’s trial committee. The union’s lawyer said Harkin wasn’t involved in Amalgamated, but sources said he made calls behind the scenes on behalf of the group.
John Harkin showed up at a job site recently with Eric Gundersen to leaflet District Council workers. Harkin retired from the District Council a year ago, but is facing a union trial for spending union funds on lavish meals, limo services, trips to Florida and $20,000 in golf green fees. He, too, called the chargeds “political” and said he was following rules about expenses that the union used for years.
John Holt is listed in records as secretary of Amalgamated. His appointment as business agent for District Council was vetoed in September 2010 after Walsh found Holt had obstructed his investigation and gave false answers to questions.
The union’s lawyer, Bisceglie, noted, “We have probably 30 to 50 other people in good standing who've been very active in getting out the vote. You can't just focus on a few.”
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