Letters To Judge Berman

n
LlIAR os iJ
\ ("
, 1. JlM.N
.;,D..)
Hon. Richard Berman
Jarret Weinrich
29 Joyce Drive
Chestnut Ridge, N.Y. 10977
834-300-2384

USDCSDNY
DOCLJtvlENT
,1
ELECTRONICAU.) FILED
DOC#:
-------------""
DATE FILED: D3/OS-/B
32013
RICHARD M, BERMAN U.S.D.J.

United States District Judge
500 Pearl Street
New York, N.Y. 10007-1312
Re: NYCDCC WALL & CEILING CONTRACT
Dear Hon. Richard Berman;
I believe the Wall and Ceiling contact that is before you should be approved. I
voted for this contact and feel it is in the best interest of all NYC District Council
Carpenters.
The wage package is fair and in keeping with the cost of living index. "Full
Mobility" will allow the Contractors to man their jobsites with skilled carpenters. It
will allow for the best man to produce for the Contractor. The NYCDCC have
budgeted an appropriate amount of funds to see that the Contractors abide by their
contract.
The 21
st
Century is upon us and the NYCDCC is leading the way with the
compliance part of the contract.
Th nkyou
(

'.
Case 1:90-cv-05722-RMB-THK Document 1237 Filed 03/05/13 Page 1 of 1
1
(l.Ak rLoLL+
SO ...
Michael Santillo

---------------_...... Local #2287
RICHARD US.D.J.
Ubc#S2821177

Hon Richard M Berman I ('S
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
NY, NY 10007
qo -(v- t;7z,l
I have been a member for 30 yrs. My father was a member for 2S yrs . I have a brother who is a super
for a union contractor. As you can see my family is union all the way. And we are all for full mobility.
I have been a foreman on multiple large projects for my company which included hotels, Schools and
commercial space. It is imperative that when you are running a job that you know each individuals
specific job skills. I have been with my company for over 20 yrs. and there are still certain jobs my boss
doesn't think I'm qualified for. How can we ask him to take 1/3 of the crew from the OWL list.
If we as a Union are not productive and do quality work we will lose even more market share,
which will in return affect our benefit funds even more. WE must have full mobility going forward.
Michael Santillo
llSOC SDNY

\' ! '\.' r If ['1
E
i.. I ( I; " .....) ,"\ I . ,< _J I i 1. ..>
2
-fa A..tlut
.
. V\1t .
................ -- -------
RICHARD M. U.S.D.J.
Dear Honor Richard M. Bennan,
'!/'I r1
Thank you for taking your time to ask for comments about Full-mobility. I am in the
Carpenters Union for 29 years, and we finally get to vote on the contract. They vote down full
mobility and ignore the members. Mike Bilello ran on "no to full-mobility," but turned his back
on us the minute he got in as EST. Second, you did not approve the contract. They went and
spent $800,000.00 on computers already. At first, we were told the contractors were going to pay
for them, but the Union said no, the members would pay for them. I don't get it. We lost dental,
eye-glasses, co-pay went up on our medical, and we are going to pay for the computers for the
contractor. Now, they say it's going to cost us $22,000.00 a month to work these computers.
Please help us on this. You are our last hope, so please listen to the members about this.
Sean O'Neill
29 Year member
13 Galewood dr IDJ
Hazlet, NJ
o,.::- .....
07730
MAR

CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
DATi:: f) $ [06/1""5.
3
USDCSDNY .
'I
DOCU[vIENT STATES DISTRICT COURT
ELEC1
'RC)N.I' (' :\ I l Y F' L E DISTRICT OF NEW YORK
1 1,- t\ .- I UNITED STATES COURTHOUSE
C ++ 40 CENTRE STREET
100
Cl
.h J.cL.,t+-P;/t.

CHAMBERS OF
RICHARD M. BERMAN
UNITED STATES DISTRICT JUDGE

RICHARD M.
Michael Cramer March 8, 2013
26 Colby Drive
Dix Hills, NY 11746
RE: USA v. District CmUlcil, et aI., 90 Civ. 5722 (RMB)
Dear Mr. Cramer,
Thank you for your letter dated March 4, 2013 (copy attached) indicating your support
for "Full Mobility." If you have attended one of our court conferences, you know that I welcome
and appreciate hearing from the union members.
Respectfully, you are mistaken in one regard. You indicate that "as I'm told, the only
reason the contract is not in place is because of you." In fact, no complete final contract
approved by the Union, even to this day, has yet been presented to me for review. On or about
February 27,2013, a memorandum of understanding was forwarded to me, but that does not
constitute a (complete) contract approved by the Union.
I am forwarding a copy of your letter to the Union and the Review Officer for their
information and reply.
Richard M. Berman
cc: Dennis M. Walsh, Esq.
James M. Murphy, Esq.
Enclosure
4
March 4, 2013
CHAMBERS OF
Hon. Richard M. Berman
RICHARD M. BERMAN
U.S.D.J.
Daniel Patrick Moynihan Court House
500 Pearl Street
New York, NY 10007-1312
Sir,
I am a Carpenter In local 157 Of the NYC District Council of Carpenters. I think that full mobility is good
for the members and contractors. Good hard working carpenters will worry less about getting laid off
since they can go to the next job with the contractor. Contractors will be more competitive since they
know their work force and don't have to deal with the riff raff that comes from the hall. The people who
aren't any good probably won't work anymore but it's long overdue. So please approve this contract. It
was negotiated in August 2012. It's now March 2013. Seven months have passed, and as I'm told, the
only reason the contract is not in place is because of you. Your decision to do nothing has cost my fellow
brother and sister carpenters dearly. The loss in benefits and pay raises, in these trying times, because
of your inaction is unconscionable. You probably have your pay check direct deposited every 2 weeks to
your bank and every time you go to the dentist or get a prescription it's covered. How would you like to
have that taken away because of one man's inaction. It almost seems like some lobbyist got to you.
Anyway, do something. Stop dragging this on, make a decision already.
;;;::L1 t - - . ~ - - - -
Michael Cramer
26 Colby drive
Dix Hills, NY 11746
5
- = = = = : : # : = ~ ~ 1 2 2
4.0 CV S'71-'2."Z..
6
'. Vay-E.
-
LL f\4 LIlY' .- ..;:0;- .. .-'t---
7
8
9
10
11
Cl tl-L telo' Ltl .... F.1e
..
---.... -----------
RICHARD M.
12
'to Cv 572..'-
Hon. Richard M. Berman W.Davenport
U.S.D.J (I...'.fa ltt.L..t.ti1,. L.U.1S7
so ..
U.S. Shore Rd #6L
500 Pea C SDNY
NY,NY,
CHAMBERS OF'
fIllOMAAI:) M.
U.S.O.J.
I
Dear Ju ge Berman; I have been a member of
I
NYDC si ce f983 and have worked thru about 10
contrac s, tHis is t,he firsto'ne not signed timely.The
. i ;
consent decree hflS been in place for about 2/3 of
my care r still continues. The NYDC
placed man into a position of loG. who was up to
i I
his neck! in cfrrupt practices regarding the O.W.L.
and the placr.ment of dirty stewards. This so called
mobilit used to be called the request system and
. i
the Court found our past Pre-so In contempt for his
actions ' request .system .and this man
now col ects a SIX figure penslon,go figure. The
i
whole i ea of a trade union is to shape out
DOCUMENT
I uJY.1QrfRONICALLY FILED
13
I
members for work. With the contractors picking all
the carpenters except the steward, corruption will
flourish. Please say no to mobility and give us the
right to vote on our contract. How in America can
we the carpenters be denied the right to vote in our
own union .... Also ask Dennis Walsh about the
status of the "Blue Card Boy " ..
Fraternally Yours
William Davenport L.U. 157 ,UBC #2007-1698
347-755-4573 Or , billd616@hotmail.com
14
------------------
I
,
, -- CHAMBERS OF
FlICHARD M. BERMAN
r U.S.D.J.
- __._.._ ...___ r
honorable Judge Berman
United States Courthouse,
Honorable Judge Berman,
My name is John Staunton ,my UBC # is 5963-3630,1 am a member of the carpenters Union for
past 25 years and 1am writing you in response to the contract that is before you,1 am against it ,I am
against full mobility, if this contract gets pasted it will spell the end of the Union, it will tell anybody
who is on the OWL to go find another way to make a living as the contractor will not have any reason
to call the council to look for men,
We the rank and file members voted on this contract last year and voted it down by a 4 to 1 margin, yet
our delegate body voted to pass the contract against our wishes,this the same delegate body that just
voted themselves a large pay raise, while we members that are out in the field are told that we must
take a 10 or 20 percent pay cut on certain PLA jobs,I for one and I am not alone am struggling ,living
from pay check to pay check as it is, how am I suppose to survive taking home less, we have already
given up $2 .13 an hour that were due to receive on Jan. 1 st 2012,
If this contract is passed it will give the contractor all the power ,a number of years ago they had what
was called the request system to which is basically the same as full mobility, and it led to wide spread
corruption and strong arm tactics by the contractors against the workers, what is to stop this from
happening again?
In closing 1 beg of you Judge Berman not to allow this contract to pass, it is unfair to the working man
and woman to give up so much while those who say they represent us are clearly making deals behind
closed doors,as was told to me this morning the EST Mike Biello was telling some of the shop
stewards that the contract was to be in place on the 18
th
of the month
sincerely,
John Staunton
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 0 3. / l l / I
15
CHAMBERS OF
RICHARD M. BERMAN
David Rohner O'Rourke
85-10 16S
th
Street, 3
rd
Floor
Jamaica, New York 1132
U.S.D.J.
clMk +0 'ikM.
S O O R D ~ ~ .....
March 7, 2013
------------_..-. .....
RICHARD M. BE1M1N U.S.D.J.
3 It r
Honorable Richard M. Berman '3
500 Pearl Street
New York, NY 10007-1312
USDCSDNY
DOCUMENT
DOC#:______
DATE FILED: 3 / II / t :s
RE: Wall Ceiling and Carpentry Association and NYC District Council of Carpenters 2011- 2016
Contract
Dear Judge Berman,
I am writing you in regard to the upcoming decision in the above mentioned contract. My
concern with this new contract is what is commonly referred to as 'Full Mobility, where an
employer can staff projects almost entirely with people of their choosing, as opposed to the
current system in which they have to staff about 3 of every 10 carpenters from the District
Council of Carpenters union 'Out of Work' list.
The reason this change concerns me is that I believe it will disrupt the more equitable
distribution of work hours to all dues paying members, as well as create a hostile work
atmosphere for the employees and ultimately lead to various forms of corruption.
Firstly, in an industry traditionally rife with nepotism and favoritism, the out of work list
provides all members an alternative to be dispatched to jobs in a fair and balanced way.
Secondly, given the nature of the construction work, job availability increases as a job starts and
slows as projects come to a close, layoffs are and inevitable fact of life for carpenters. Many
carpenters know that if they are layed off, they have a good chance of being dispatched to
another job within several months. With this, most carpenters are comfortable refusing
corrupt offers (i.e. working for cash or off the books, working unpaid hours, working for a
reduced wage not agreed to in the contract, etc), knowing they have a relatively good chance of
getting other work from the 'out of work list' in a somewhat timely manner. This helps to self
police an industry known for corruption and allows employees the ability to ensure they are
paid honestly for a fair days work and that their taxes are paid. However, if contractors have
total control over the people they select to staff the projects, I believe the 'out of work' list will
no longer be a viable option for carpenters as it may take several years to be dispatched to
another job. Some contractors will recognize this and will hold it over their employee's heads;
16
to provide for their families, I fear a sizable portion of carpenters may feel obligated to agree to
corrupt practices in order to continue working.
Please take into consideration that the Fun Mobmty clause in the currently proposed contract
will severely undermine the NYC District Council of Carpenters members' ability to fight
potential corruption. When a similar contract came up for a member vote, the contract was
overwhelmingly voted against by the members primarily due the concept of 'full mobility'.
I thank you for your time.

David Rohner O'Rourke
Carpenters, local 926 (Brooklyn)
17
Honorable Richard M. Berman
United States District Court
Southern District Of New York
Job Steward Alliance
Dear Judge Berman;
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
The Job Steward Alliance is an assembly of certified U.S.C. Stewards that originated in June 2010. The
purpose of this grassroots group is to unify the job stewards on the frontlines and create a support
group that would protect U.S.C. doctrines. Over the last two years the group has grown to almost two
hundred certified job stewards and has been recognized by our international union. We feel we are
achieving the protection our jurisdiction, solidarity and helping to keep our union strong.
Our group depends on the out of work list for its livelihood. These dedicated members do not travel
around with companies. After the job is completed, they return to the Out of Work List and wait for the
next dispatch. There are a large number of stewards that take advantage of the steward status because
one gets sent out from the list much sooner then the regular rank and file. We have a challenge in our
union trying to keep the stewards essential principles front and center while not to jumping the O.W.L.
for ones personal gain.
Over many discussions on the Full Mobility issue, our group is unanimously opposed to what this policy
holds. As the union representatives dedicated to upholding the rules and regulations on the job sites
around New York City, we see this more clearly than most. We witness how companies manipulate the
rules and the workers for their advantage. Many company workers are intimidated into compliance.
These members will never speak out against their employer for fear of being replaced by a worker that
will ignore safety and unfairness. Many company men and women secretly depend on the job steward
to speak on their behalf with suggestions when the boss is not around in fear of being a whistle blower.
Sometimes a dishonest steward buddies up with the boss. This is when the major source of corruption is
established. The underpinnings of corruption are when these bad stewards leave members off their
steward reports and add ghost workers. This new technological campaign with devices does nothing to
impede this practice.
The million dollars that this exploratory compliance policy could be better well spent on the dilapidated
medical benefits our members have lost. Only better educated members, sincerely committed stewards
and severe penalties to violators can stop corruption. The new "two member" jobs undermine the
fairness on a jobsite. There was a reason why our union always had the second man on the job
appointed as the union steward. They would protect U.S.C. doctrines, sustain contracts and keep
jobsites on a level playing field. Now the second "company" worker will be appOinted the job steward
responsibilities without any mandatory steward training and their apparent allegiance to their current
employer. Perhaps permitting the seasoned, proven stewards not waiting on the O.W.L. would help our
union? These veteran stewards hkave b1eden es, tYhears of
and have invaluable "hands on"
witness by example, how a stew
nowe
ard's re
ge. T
sponsi
IS trammg wou
bilities should be
a ow
conducted.
e up-c
On

ELECTRONl
to
CALLYFlLED I,
OOC#: :,
DATE
18
be a good steward in a class room. Stewards that have dedicated their careers for over 20 years should
be rewarded and not waste their leadership skills at home on the O.W.L. Inexperienced stewards are
given large jobs and are easily manipulated by the bad contractors. We owe it to these devoted men and
women to keep them working before they retire after all they have invested in our union.
These are some other issues that the J.S.A. feel should be considered and are not in the conversation on
Full Mobility:
Intimidation to receive cash payments: This harms the benefits department and creates a bond between
contractor and worker not to protest because they are equally engaging in an unlawful act. This toxic
environment is a corruption that must not be tolerated. This also contributes to tax evasion and
fraudulent behavior.
Oppress members to not speak out Workers are forced to ignore OSHA and other health and safety
regulations. This behavior contributes to the potential for accidents that could kill or wound innocent
workers of aU trades on the job site. This also undermines our obligation to the U.B.C. Constitution.
Lumping and quota mandates: To enforce work production and quotas is a violation of the contracts and
the U.B.C. doctrines. This creates dissension between all members and makes one look like they are
more indispensable to the contractor then the member dispatched from the O.W.L.
Discrimination: This will open the flood gates for member inequity. Older members that cannot work as
fast as a younger worker will be cast aside in the name of production. Women will be treated differently
and only kept around when a quota is required to keep or on specific jobs. Race discrimination will be
allowed to run rampant on all jobs. Quotas will be kept only when they are mandatory and enforceable.
Standards and quality production: The workmanship and the superiority that unions have based their
reputation on will be compromised. Jobs will be rushed and the level of quality will be left behind leaving a
bad name on unions to compete with the non-union sector.
Judge Berman, we ask that you consider these important issues the J.SA feels need to be addressed in
the Full Mobility conversation. We are firmly committed to protecting our union and its members. We can
only do this with your help by keeping a level playing field for our honorable men and women to provide
for their families with dignity. Please reject the Full Mobility clause in the up-coming contract.
Thank you for your time and interest of our memberships concerns.
Respectively yours,
Job Steward Alliance
March 9
th
, 2013
JSANYC.COM
19
Dear Judge Bennan,
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
Allow me to introduce myself: My name is Mitchell Sonntag. I am a certified Job Steward that
lias worked with the tools of our trade for the last 32 years. I have been elected to various elected
offices in our union over the last 13 years. Last month I was elected president of Carpenters
Local 157 on a grassroots populist backlash against a wellfunded slate nominated by the
Executive Secretary Treasurer of the District Council.
We all thank you for the opportunity to express our opinions on the proposed Collective
Bargaining Agreements for the New York City District Council of Carpenters.
In my opinion, the proposed CBA's are a travesty that will erode the objectives ofthe Consent
Decree and will lead to a wave of clandestine corruption.
So-called "Full Mobility" is a Trojan horse and a misnomer. The contactors assert they need it be
remain competitive. The "Great Recession" ofthe past few years led to construction industry
unemployment levels of approximately 30%. Yet not a single major signatory contractor went
out of business in that period. It is my understanding when the 67% - 33% ratio was
implemented by the SDNY, contractors were asked to provide documentation to prove their
claims of economic hardship but were unable to do so.
The current and past CBA's allow any contractor to tenninate any employee without any prior
notice. For example, if a carpenter is referred to a job and is deemed unqualified to perfonn the
job that person can be fired that same day and the carpenter will have no recourse against the
employer. Full Mobility is a control mecl\anism over their workforce.
The big lie ofthe contractors and their allies in the District Council leadership is the majority of
carpenters on the Out of Work List are somehow under qualified, lazy or unwilling to work. This
is a discriminatory and false mantra that cloaks the unspoken fact that the demographics of many
contractor workforces are a quilt of nepotism and good old boy networks. It is not purely about
skills, frequently it is who you know that keeps carpenters employed.
Fonner District Council President Peter Thomassens contemptuous awarding of "Full Mobility"
to profitable contractors in 2000 lead to a corporate crime wave by unscrupulous contractors
which lead to millions of dollars lost to benefit fund fraud. Contractor labor racketeering begins
with low bids being placed on knowing a core group of employees that willingly will defraud the
benefit funds by working for less or for cash.
U nfortunatel y, most carpenters know of no prosecutions and or convictions of contractor
supervisors, estimators, accountants and most importantly union
participated in conspiracy to defraud our union benefit funds. The genera
people that get in trouble for benefit fund fraud are stewards and council

_____
DATE FILED: 03/11/ l:e
20
the implementation of "Full Mobility" the stage is set for more corruption, destructive economic
stratification of the membership and workplace discrimination and abuse.
While I have your attention, I would like to add word on the NYCDCC Delegate Body. I am an
elected District Council Delegate. It is a dysfunctional mess. It is a soviet-style democracy, with
the outward appearance of a functioning democracy when in reality it is staged show that
benefits the oligarchy of the District Council. We have experienced By-Law violations by the
leadership, selective dissemination of information, omission of information, seemingly
purposefully abridged minutes that clearly do not accurately reflect the proceedings. District
Council employee/delegates have a super-majority in the delegate body and they appear to be
utilizing parliamentary tactics that tend to put a damper on true exchange and meaningful debate
at delegate meetings to the determent of the membership.
Sincerely,
Mitchell Sonntag
Union Carpenter
March 10, 2013
21
Hector R. Cartagena, Jr.
521 Manhattan Avenue
------------_......
RICHARO M. ,;..s.o.J.
Hawthorne, NY 10532
914-282-9151
Job-Steward
UBC# 4951-8222
March 6, 2013

Honorable Richard M. Berman USDCSDNY
CHAMBERS OF
500 Pearl Street . [,,,., JMENT
RICHARD M. BERMAN
U.S.D.J.
New York, NY 10007
r J :CTRONICALLY FILED
DOC #:___-----
DArE FILED: 03/ l\ / I':>
Your Honor,
I am writing to you today to share with you my thoughts on the proposed
Full Mobility. I am a 27 year member of the New York City District Council of
Carpenters. I have attended their 4 year technical college for 23 year's. 1am highly
skilled and highly trained.
I started my career with Local 17 in the Bronx. When they underwent
restructuring, I found myself a member of Local608. When 608 lost its charter, I
found myself a member of Local 157.
I share this with you because I wantyou to know that I have been through
many changes and restructuring processes. Where many find change scary and
unwelcomed I know change to be a normal and inevitable part of life. I also want to
share with you that I have served all three locals as a Job Steward. That I have
served as a Job Steward proudly for close to 20 years.
It is with this history in the field that I share with you my thoughts. It is my
understanding that the issue of Full Mobility was presented to the membership in
the form of a vote. That the rank and file membership voted down and by
overwhelming numbers, they turned down the fun mobility. It is also my
understanding that the vote was open to both Company Men and the Men who get
their work from the OWL. Yet it was still voted down. Most members know that
this industry is riddled with corruption.
, The Companies run their work force with propaganda. To the pOint that it
sounds like a broken (vinyl) record.
22
A. You're from the Local, you're unskilled
B. You get your work from the OWL, you must suck
C. You're a Job Steward, you must be lazy
It goes on and on. Same with the corruption. It's at all levels. The forms and
shapes too many to list. I tell you this hoping you understand that it even
happens at the Company Level. That greed is America's biggest disease. To
give the Contractor's Association Full Mobility is Absolute Power. Which will
most definitely lead to Absolute Corruption.
It is my belief that the Delegate Body that voted to include the Full
Mobility in the present contract currently before you, violated the trust the
membership put in them. The membership made their wishes apparent yet
the Delegate Body ignored their voting results. One can't help to ask what
their agenda might be, if this is one of those apparent forms of corruption.
Where the taste for a higher salary at the Council Level has turned
Representatives of the membership into Council "Yes" Men.
As a born American, raised on Democracy, I have to ask respectfully
so, that you turn down the present contract. That you recognize and respect
the fact that the membership as a majority does not want Full Mobility. I
guess all that I could ask, is that you consider all that I have said when you
make your final decision. That you realize that if you decide to let Full
Mobility through it will only open the door for only more Corruption in an
Industry that is already plagued.
Sincerely concerned,
Hector R. Cartagena, Jr.
Job Steward
UBC #4951-8222
23
90 C S-=J-zz
March 10, 2013
CHAMBERS OF
RICHARD M. BERMAN
Hon. Richard M. Bennan
U.S.D.J.
500 Pearl Street
New York, NY 10007-1312
Dear Judge Berman:
Here they echoed the arguments ofslavery advocates like John C. Calhoun and George
Fitzhugh, who claimed that chattel slavery, was more humane andjust than wage-labor market
competition. Slavery provided a kind ofcradle-to-grave welfare state for its workers, because
owners had a permanent economic interest in the whole person, while northern employers had
only a temporary interest in the worker while he was productive and exploitable. This view ofthe
moral equivalence ofslave labor and wage labor led some cynical Europeans to observe that the
Civil War was nothing more than a disagreement between one group ofcapitalists who wanted
to own their slaves and another group ofcapitalists who wanted to rent their slaves by the hour.
Labor leaders claimed that northern antislavery advocates failed to see that capitalism actually
gave employers so much economic power that they did not needphysical coercion in
Order to dictate terms to their workers. This was the principal argument infavor ofunion
power-unions provided a countervailing power to that oforganized employers. Unions U leveled
the playingfield, " and were necessary to address the fact ofunequal bargaining
power (Hale 1923, Reynolds 1991)
Revert back to slavery? That is exactly what Full Mobility will achieve. Complete power in the
hands ofthe employer/corporations. Presently, organized employers are more sophisticated than
ever whereby, absolute power corrupts absolutely. Quite simply, any corruption that may have
existed in the past was initiated by those most likely to benefit: The Company.
With Full Mobility nepotism will run rampant. In many companies your success depends not
only on the caliber of your carpentry skills, but on how much the foreman likes, or dislikes you.
These large and small companies have evolved with employees that have served the companies
for years and others for decades. What has developed over the years is a form of GROUP
DYNAMICS whereby new workers from the out ofwork list are often rejected. Company men
are rotated from job to job within the company as Company men and Requests from the OWL.
While these company men enjoy full time employment, 4 to 5000 men remain on the OWL
developing Skill Atrophy.
Regarding corruption, the Motorola scanning device is not any more effective than the present
day sheet system for Stewards reports. However effective, the cost ofthe device is significant.
Handing in Steward's reports in person allows the Steward to communicate with Business
representatives and other Stewards regarding the conditions with our union and companies.
The Court wrote: "This Court, sitting in equity, will not fashion a remedy that is wholly in favor
of contractors, while denying any relief to union carpenters for whose
Rules were drafted and included in the Consent Decree." USDC SDNY
DOCUMENT

DOC#:_----
DATE FILED:
24
I conclude that a fair and proper remedy, having in mind the several interests affected by it, will
include these elements:
(1) Abolish the Request System in its present form. This will require that the relevant provisions
in the 2006 CBAs be declared void.
(2) Allow a contractor to select particular carpenters for a job up to but not in excess of 67
percent of the total carpenter work force. That percentage is made up of the contractor's SO
percent under the SO/SO Rule, and an additional 17 percent, representing one-third of, and to
count against, the Union's SO percent. The remaining 33 percent of the carpenter work force will
be assigned by the Union from the OWL.
(3) Restore the six-month provision contained in Job Referral Rule 5(B), so that a contractor
cannot request a carpenter and have that carpenter count against the Union's 50 percent unless
that carpenter has been employed by that contractor during the previous six months. But under
no circumstances may carpenters chosen under Rule 5(B) count against the 33 percent assigned
by the Union directly from the OWL.
This resolution is fair and equitable because it recognizes contractor's economic and competitive
concerns by allowing them to select most ofthe carpenter work force on any particular project,
while restoring the Out-of-Work List as a meaningful source of employment for carpenters
seeking work.
Sincerely,
25
Bill Walsh
8423 14th Avenue
Brooklyn, New York, 11228
Dear Judge Berman;
fIJI
lM lQJ. MAR 11 2013
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
March 8
th
, 2013
I am a proud member of Local 157, of the United Brotherhood of Carpenters. Over the last twenty
seven years I have participated with my union in many capacities. I have been a certified job steward for
over twenty years. Elected Delegate to the NYCDCC and served as Financial Secretary for Local 157 in
2001 for two terms. I founded the Fraternal Order of Woodworkers and helped to form the Job Steward
Alliance. Currently I am the Financial Secretary of Local 157, a Delegate and a member on the NYCDCC
Audit Committee.
At the recent court status hearing on February 2th, 2013, I was given the privilege to address the court
with concerns that I feel are of great consequence to my union. The Full Mobility issue is the number
one interest that I have. Hundreds of members have directed me time and time again that they are
against Full Mobility the contractors are trying to impress the membership with. As you know in the
past, the members voted against Full Mobility and they are still against it today. Please advocate that
the members may have an active roll in their future and recommend they get to vote on their contract.
The only reason why the recent contract vote returned to the Delegates voting is because some didn't
care for the results from when the members voted down the last contract with Full Mobility.
Members that endorse Full Mobility are "company" workers who are distressed to be dispatched from
off the "out of work list" and cling onto the contractor avoiding confrontational situations. Many other
unions operate their work dispatches with the union supplying the workforce with different ratios like
90% from the union out of work list and 10% from the company. I believe we should have the
conservation about this long overdue "Skills Certification" program within our Labor Technical College.
Every member should be required to pass an ability competency test so the contractor cannot complain
they are not getting the qualified members. Contractors have been cherry picking the O.W.L.'s most
skilled workers and carrying them in their hip pockets for years. All the fruit has been picked from the
tree by abusing the request system. Then contractors complain they can't get a superior carpenter from
the O.W.L. after fleecing the system for years with help from our past corrupt leadership.
To take away the out of work list and give the company all the control on a job site will forever change
what a union stands for. Workers deserv,e a proper safe, non-competitive workplace that will allow
them to provide for their families. The new "two member" jobs undermine the fairness on a jobsite.
There was a reason why our union always had the second man on the job aPPOinted the union steward.
They would protect U.B.C. doctrines and keep contractors on a level playing field. Now they will appoint
the second "company" worker the job steward responsibilities without any trai n
allegiances to their employer. This new contract allows the third man dispatch
26
list as a steward. Numerous jobs are done by two members on an International Agreement and
complete a major part of the work. Then the contractor will bring in an outsized crew to rush the project
and press the workers. This atmosphere is toxic and sets the stage for corruption. If you don't jump high
enough and fast enough, regardless of safety, you won't be invited to the next job. You will face the long
wait and feel the wrath of being on the O.W.l. When it was a SO/50 ratio, dedicated union members
were the compliance program. The committed, loyal rank and file would report back to our union if
something was fraudulent on a job. They knew they would return to the O.W.l. when the jobs were
completed and not be invited to the next job. They were not looking the other way just to be asked to
best sent to the upcoming job. Imagine how members would unify and support each other if they all
knew they would be on the O.W.L. together? Loyalty would be with the union the way it should be, not
the company.
This new compliance posture is only a technological panacea that will not prevent the corruption that
was conducted in the past. There is no provision to stop a corrupt steward from adding or keeping a
worker off the $1.000.00 computer device. This was the main component of how the On Pars and
dishonest stewards robbed our membership of millions of dollars. I suggested to the court last week
that we keep the current written reports and tweak them to accommodate new poliCies at our Council.
However, the most important component of this idea is to demand severe penalties when a corrupt
steward and contractor try to deceive our union. Expulsion and criminal charges with the U.S, Attorney
would be a definite deterrent to crimes. In the past and even today, a corrupt member gets a small fine
and a stern warning. Crime pays in our union. Many have robbed us, became very wealthy and vanished
unscathed.
With a vague million dollar price tag on this exploratory compliance program, perhaps we could be
giving back the lost medical benefits to the devoted retirees and members. Why can't we commence a
six month trial period with new unyielding penalties and an up-dated paper job steward report system
before we commit to this expensive experimental up-grade? I am a strong advocate for moving with the
times and using technology but this program has more negatives than positive prospects for the cost.
Members being able to cross check hours on a jobsite are a step in the right direction but by no means a
major deterrent to corruption. Only a very small percentage of members will actually participate with
this "Watch Dog" program.
The other major problem is that the due process demanded by the court in the stipulation and order has
not always been followed in my opinion. I am a Delegate for the members of Local 157 . It is my
responsibility to listen to my membership and bring their concerns to the Delegate body floor in a timely
manner. Numerous times the Council has presented there agendas without giving the Delegates enough
time to go back to the members for their input. This is wrong and violates the Consent Decree. The
unbalanced Delegate body is comprised of more paid salaried NYCDCC employees then rank and file
members. A salaried employee will always support what's in their best interest when it comes to who
signs their check and pays their mortgage. The newest contract that we are currently reviewing was
voted on in August of 2012. This contract had a totally different compliance formula then one we are
asked to consider today. The new evolving devices and expenditures were not part of what was voted
on back in August. Back in the original compliance proposal, the Labor Management Department was to
27
split the cost of the compliance program with the contractor but now our membership must foot the
entire bill. This is wrong and completely unlike the August contract. The Delegates didn't even vote on
this new proposal that you are asked to rule on. Is that what the court desires?
Once again, thank you for always permitting the members participate in the court hearings and listening
to the members. The Contractors and the NYCDCC have their agendas. The members only have their
hard work, principles and your wisdom to make this right for future carpenters.
Your Honor, I realize you must have countless cases a year. A Review Officer is appointed to supervise,
report back to the court with their recommendations and give their opinion to a Judge. Our Review
Officer Dennis Walsh has done an extraordinary job to help get our union on firm ground. With his
guidance and supervision we now have established protocols and proven policies in place to move
forward. Someday Mr. Walsh will move onto to other prospects and we will come to finally operating a
healthy organization on our own, free of corruption. Please don't forget the rank and file voices who are
the ones who bear the load for many.
We depend on a fair and honorable union and appreciate when you allow us to speak. We hope you are
listening.
jitJJl
Bill Walsh
28
DOC : . _ - - - - - . , . . _ ~ _
DATE FILED: '3 It... \
29
30
!
I
I
I
\
!
-\
\
31
c f.tlt -It '1),e"r
ORD;?A::s
----------_...... --
RICHARD M. BE,Rf.ANj!.S.D.J.
Honorable Richard M. Berman 'I'"/'3

U\i MAR llZ013 U!J
11/2013 CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
Southern District of New York
HE 90 Civ 5722(RMB)
As a long time member and shop steward I'm gravely concerned about the proposed -Full
Mobility"'. As well as the institution of the new 3 dispatch rule regarding Carpenters on the Out
of Work Ust. Both are in direct opposition to rebounding from entrenched corrupt practices,
officers and contractors. The maladies are not fully remedied.
The members cast their individual votes directly against such a travesty as is the MFul1 MobilitY'
months ago in 2012. OUrs ballots cannot be silenced by an end run. This nation was built on
the democratic premise of the individual vote collectively speaking for the people. This is
sacred.
We are fighting for the union that we deserve, despite finanoal and emotional cost.
The Carpenters union is fraught with historic bias against women, people of color, older
workers and those vocal against corruption and unfair practices. Heaven help those score the
quadruple.
The union must be setup to serve the majority and carry out their will. Not to -setup" the
historically oppressed. Further delegating their families to loss of health insurance, lack of
college opportunitieS, and a bleak retirement future.
The ratio of company people to those from the out of work list should not increase, as it is
already grossly unfair to the members. The -Full Mobility'" along with the 3 dispatch rule would
increase the corruption and oppression exponentially. Neither is fair, democratic, or in the best
interest of the union membership.
arfa-w.mnh'gs- wrto
traininS and Hvelihood?
g
0 . ankY '\

eronica Session
Carpenter LU 926
USDCSDNY
DOCUMENT
DOC#:

DATE FILED:
32
U rm
Demian D. Schroeder
14 Meadow Street
IJ\i J1 MAR 122013
Brooklyn, NY 11206
March 11,2013
RICCHHAARDMSERS OF
M.SERM 't
Hon. Richard M. Berman 11lo,,.,,
Daniel Patrick Moynihan SO ..
United States Courthouse IC , Fl D
500 Pearl St. RiCHARDM. BERMA1lisf.J-: - -
New York, NY 10001-1312 I' 2f t
Subject: Uniled Siales v. Districl el ai., 90 Civ. 5722 (RMB) 1, 1.3
Reference: Document 1231, ftled 2-27-13
Dear Judge Berman:
Thank you for permitting verbal, and written comments, to be heard by the Court.
I am a union carpenter, Certified Steward, and Member of Local 45, Queens.
My reason for writing is to request the attached petition be filed, to supplement the letter I submitted to
Your Honor in Court, (2/27/13.)
The petition includes six rank-and-ftle Carpenters, who all agree with the contents of that document,
and are Members of Local Unions affiliated with the District Council.
Also, the article "Job Rules of Carpenters' Union Encourage Corruption, U.S. Charges" by journalist
Steven Greenhouse, published in the New York Times, September 15,2005, provides relevant historical
context for anticipating the potential effects from 100% employer control of hiring, on our future; so
we recommend this story be added to the Court record, as well.
Respectfully,
Demian D. Schroeder
USDCSDNY
DOCUMENT
DOC
DATE FILED: OS/ii/t 5
33
Respectfully submitted,
NYCDCC Rank & File Carpenters
Name:
Date:
Local Union No.
LoctCL 4S
______ __
__ ______
__ ____ __ ____ __-_1_3__________ __

LOCAL IfS
Tuesday, March 27, 2012 157blogspot.com
Union carpenters reject work-rule changes
34
http://www.nytimes.coml200S/09I1S/nyregionllScarpenters.html
September 15.2005
Job Rules ofCarpenters' Union Encourage Corruption, U.S. Charges
By STEVEN GREENHOUSE
Federal prosecutors have asked ajudge to hold New York City's carpenters' union in contempt for changing the
union's job referral system without government approval, arguing that the changes will encourage more
corruption.
The United States attorney in Manhattan, David N. Kelley, said in a motion that in changing the job referral
system, the New York City District Council of Carpenters violated a consent decree it signed in 1994 in response
to a federal effort to eliminate corruption. Prosecutors said the union was dominated by the Genovese crime
family, and it was widely criticized for letting mob bosses pick carpenters to put up and take down displays at
the Jacob K. Javits Convention Center. The consent decree requires the district council, which represents nearly
25,000 carpenters, to obtain federal approval before changing its job referral system.
In court papers made public this week, Mr. Kelley argued that the changes give construction contractors far more
leeway to hire whichever carpenters they want, irrespective of length of unemployment. The old system
generally required them fIrst to hire the carpenters who had been unemployed the longest.
Prosecutors say corruption will be easier under the new system because contractors will have more power to
pressure unemployed carpenters to do their bidding.
"Because contractors can handpick virtually 100 percent ofthe work force at a job site, carpenters are now
beholden to contractors for job opportunities," Mr. Kelley wrote. "Carpenters who are at the mercy of employers
for job assigmnents know that ifthey stand up for the enforcement of union rules or legal requirements or refuse
to work off the books or for cash when asked by a contractor, they run the risk of being laid off."
Many contractors prefer paying workers offthe books, he said, to avoid paying fringe benefIts and to hide
evidence that wages are below those required by the union contract.
Mr. Kelley fIled the contempt motion last month with Judge Charles S. Haight Jr. of United States District Court
in Manhattan, who oversees the consent decree. The government also wants the district council's president, Peter
Thomassen, cited for contempt. The union has until October to fIle its response.
Gary Rothman, a lawyer for the council, defended the revamped system, saying it was part of a contract, signed
in 2001, that is good for the city's carpenters.
"The employers wanted the ability to hire whom they want and when they want without restriction, and the
union got a good deal out of it," Mr. Rothman said. "They got a 25% percent increase over fIve years. That was a
magnificent contract. The journeyman carpenter makes over $70 an hour with benefits."
Mr. Rothman questioned why prosecutors fIled their contempt motion four years after the contract was signed.
He defended Mr. Thomassen, saying he was just one member ofa 20-person negotiating team.
The United States attorney's office declined to elaborate on the motion.
Many rank-and-fIle carpenters say the current job referral system is unfair because it has left many of them
unemployed for months at a time, while favored carpenters find steady work.
"This new job request system is horrible," said Gregory Butler, a Harlem resident who has been in the union for
13 years. "It's among the worst things that ever happened to us. They can get guys who work fOT cash. They can
get guys to work for less than the regular rate. II
Under union rules, companies must hire half of their carpenters from the union's out-of-work list. Before 2001
employers also had the right to give priority to unemployed workers who had worked for them in the previous
six months.
But now employers can hire virtually anyone they want offthe out-of-work list.
35
Daniel Patrick Moynihan CHAMBERS OF-
United States Courthouse (It/l +0 J.,let.
500 Pearl Street
ORDERED:
New York, NY __ R..!\ S____ .... __ ..:::.'
RICHARD M. BERMAN U.S.D.J. - .,
Dear Judge Berman, VI)/r? March 10, 2013
I first want to thank you for accepting comments on full mobility and
the implementation of the technology to combat corruption.
In the past the NYC District Council of Carpenters leadership we're
the facilitators of corruption along with Contractors and the Mob. As Mr.
Walsh had mentioned in one of his interim reports I'll paraphrase "Local
business agents had their own fiefdoms with a compliment of bad
intentioned players" (Companies, BA's, Mobsters, and Stewards). It should
be noted that's the way things were run. If a member were to speak up
they would be blackballed. The international would be fully aware of the
situations and would do nothing to act on behalf of the membership. I will
recall Paschal Mc Guiness EST of NYCDCC who was convicted of
embezzlement and barred from being a member or employee of the DC.
Subsequently he was embraced by Douglas Mc Carron and appointed
president of the building trades of NY by a very corrupt Mc Carron, Just one
of this man's misdeeds against the membership that provides his living.
So as we stand today any contractor can buy limited full mobility for
two carpenters on a job through an International agreement. The
International lets the contractor have two company men work a job
without a steward.
I would provide the exact details of the International if someone
would furnish them to me. I read the court transcripts from 2/27/13 when
Ben Torrance said "historically in the bad old days the contractors would
pay the members cash to avoid paying the benefits for the members". I say
1
36
to you Sir that the situation will become dire if you let the contractor have
say over how the jobs are manned.
The men working for the company will not speak out against them
for fear of being fired. Jobless carpenters can't pay their bills or feed their
families with no work. Most members don't show up at the council
meetings because they are disgusted with the way they have been treated
by the District Council Management. With Scott Danielson as the head of
the IG's office you may as well place John Gotti as the EST of NYCDCC. Let
me say that the 67% - 33% ratio given to the contractor already is almost
never enforced by the business representatives currently in place. The level
of experience of the reps varies from mid-grade to subpar. They come to
jobs and never have the agreements to reference to members, and their
best answer to every question is "you're lucky you are working".
The lack of concern or action by the DC on behalf of the members is
the reason that participation is at an all time low. If you listen to the DC you
would be led to believe that shop stewards are the cause of all the
problems at the funds office. I would remind you that a previous head of
the benefit funds (Stuart Grabois) was a prosecutor in a court of law, who
couldn't recognize the corruption that was happening in front of him. Also
Joseph Oliveri was a Wall and Ceiling executive and trustee of the DC. Mr.
Oliveri is an associate of La Cosa Nostra. To give full mobility to the Wall
and Ceiling association would be a slap in the face to every honest hard
working carpenter in the NYCDCC. Please remember that the International
put the current Grievance Committee in place under their recent
supervision. Finally, the 4,000-6,000 dues paying members could literally
die waiting for work on the very dysfunctional Out of Work List (OWL).
Every other construction trade sends out a much higher percentage of their
members from the hiring hall with a good deal of success. One last issue in
regards to the anti corruption technology, I read in the transcripts that Mr.
Murphy said that labor management was kind enough to give lmillion
dollars to implement a trial run of the technology. He also mentioned that
the LMC had an additional 12 million dollars in that fund as well. The
contractors were paying the bribes to avoid paying benefits, although there
2
37
were members taking cash I think the contractors should bore the
responsibility of payment because they initiated the misdeeds that
defrauded the members. Judge Berman I already pay $19,000.00 a year for
medical benefits through the DC for my family. The benefits that I receive
have a 10% deductible and the highest co-pay in the construction industry, I
cannot afford to make to owners of the companies any better off then they
are already.
The implementation of this technology is a good idea for the
members to get the benefits and vacation checks that they were robbed of
in the past by corrupt DC employees and Contractors. The fact that the
benefits can be disputed by the contractor will clog up the benefits funds
and will furnish the contractors with the excuses they will
want to withhold payments. I noticed the wording that the benefit hours
would be able to be disputed a week after the pay checks were issued; this
is alarming because I've personally waited for pay checks for two weeks or
more at times. Also the language used in court about the stewards being
responsible for the scanners is too vague, am I at
fault if the software is faulty or the unit gets a virus online? I have no
control over that. What about the possibilities of the benefits funds getting
hacked? For any corrupt contractor that wants too, they can pay someone
to do that.
If the Department of Defense is vulnerable to being hacked it's safe to
assume that the DC benefit funds are as well.
Judge Berman the fact of the deficient behavior by the DC with the
approval of unlawful By-Laws that have yet to be corrected by the RO
doesn't sit well with the membership. It breeds a deep distrust that has
never been quelled by any authority. As well the DC did not post on-line a
complete contract for review by the members. The members
won't be able to competently contact their delegates and direct them how
to vote on the contract without information. The members already voted
down contracts in 2012 and would like the opportunity to vote again as a
real democracy would. I will include emails and the DC's responses to the
3
38
questions to-provide you with the better understanding on how they treat
the membership.
I trust you Judge to prescribe your objective sense and say no to full
mobility and payment of the technology by the membership.
Thank You your Honor for your time and consideration ..
Sincerely,
Mr. WiUiam Kane
Local 2287 ~
W ~ / ~
4
39
(129 unread) - enakllib - Yahoo! Mail
Page 1 of 1
Search Mail Search Web !:! Hi, bill
SENT CONTACTS CALENDAR Fw: MollY .. 2287 Meet Re: 2287 ... Re: 2287 ... 1 Fw: 2287 ...
Compose Delete Move Actions
lnbox (129)
Re: 2287 MeetIng from bill kane to 1 recipient
Aug 21, 2012
ConversatiOns
Drafts
Mr.Wa I please let me know what action was taken against Kevin
Fleming.Thank: you Sincerely William Kane
Sent
Spam (15) From: bill kane <enakllib@yahoo.colTl>
To: Dennis Walsh <dmwfw@verizon.net>
Trash
Sent Wednesday, June 27,20126:20 PM
Subject Re: 2287 Meeting
FOLDERS
MESSENGER
Thank: you Mr.Walsh
APPUCATlON8
From: Dennis Walsh <dmwfw@verizon.net>
.. . To: bill kane <enakUib@yahOO.com>
f ~ ; ~ ~ ''t
Sent Wednesday, June 27,20124:43 PM
Subject Re: 2287 Meeting ,.... .
Bill: I will look in to this. DMW
New Rule in New York. UttIe
Neck M If you pay for car insurance
in New York you'd better read this ..
On Jun 27. 2012, at 4:35 PM, bill kane <enakllib@yahoo.com>wro(e:
{Comparisons.oTg}
Dear Mr.walsh,
Hi Dennis 1m writing to (ell you about my experience at last weeks 2287 meeting. I
was asking Kevin Fleming about the NYFCA { Mark Breslin contractors informational
speech. President Fleming went over some ofthe details ofthat speech,so I asked him
some opposing questions about the meeting and he started hitting the gavel to (ell me I
was out oforder.Mr.Walsh I will be the frrst to admit to you ifI was out oforder, it
simply was that Kevin Fleming wasnt intres!ed in any opposing points of view. Mr.
Fleming was asked many opposing questions which seem to anger and f1us(er him to the
point where he ajourned the meeting fOf 10 minutes. I thought this was odd, lve never
seen any union official adjourn a meeting because they didnt like the questions they were
being asked. I was very upset and called out to him asking ifhe needed to call John
McGrath to tell him what to do next,he responded back that i should "suck his dick". i
didnt respond to him. Dennis i know that im not the easiest member to deal with ,but
behavior like this is very unbecoming for someone who is president of a union. I would
like this President to pubicly apologize to the membership for his lack of marmers or if
he refuses I will bring him up on charges and asked that he be censured for his lack of
judgment. Thank: you for your time with this matter. Sincerely William Kane 516-974
3956
'1;
3110/2013
http://us-mg6.mail.yahoo.comlneo/launch?.rand=7htqvlpu4kklv
40
(129 unread) - enakllib - Yahoo! Mail Page 1 of 1
Search Web
CALENDAR Looking for contract ... Fw: Posting DC conlr...
Delete Move Actions
Fw: PoeUng DC contracts on the website from bill kane to 1 recipient
0",,20.2012
- Forwarded Message-
From: K_me Patlel1lOll <KPatterson@nycdistrictcouncil.org:.
To: "enakllib@yahoo.com" <enakllib@yahoo.com>
Sent:: Wednesday. December 19. 2012 10:55 AM
Subjec:t Posting DC oonInIcts on !tie website
Hi Bill,
In response to your request, it has been the District CouncH's policy not put the contracts online because
of potential fraudulence or misrepresentation of the contracts. Instead, we can mail and/or email
SENT CONTACTS
Compose
Inbox (129)
Conversations
Drafts
Sent
Spam(15)
Trash
FOI.DEflli1
ME88EHGER
APPUCATION8
contracts marked as "copy" based on requests from members and/or contractors at any time. If you or
anyone else would like to obtain a copy of the contract(s), please till! the Agreements Dept. at 212-388
7448.
I hope this helps. thanks.
Kwame Abasi Patterson
Director of Communications 1NYC District Council
'1;
0(212)366-73261 C (646)465-1841
395 Hudson Street 1 New York, NY 10014
Kpatterson@nycdistrlctcouncil.org 1
V i s ~ us on Facebook
Mr.Walsh, 1m wondering why theres a button to view contracts to begin with? Can you
explain ta me why you think the contract menu exists.Does K warne Patterson realize there are
other places to view these contracts. Wow Dennis theres a lot ofwasted money flying out of
the building at 395. Hey use your power to automate the whole show that would be a wise
move for members.Maybe you could interview people with a lemonade stand to see ifthey
could make that function before they are hired.Thanks Dennis it must be difficult to not break
ont in laughter watching the show down there. Good thing us proffesionals in the field keep
that money pumping in .Enjoy the ride Dennis. Sincerely Bill Kane
!] Hi. bill
AdChOlces
3/10/2013
http://us-mg6.mail.yahoo:comlneo!launch?.rand=7htqvlpu4kklv
41
(129 unread) - enakllib - Yahoo! Mail Page 1 of 1
Search Web [! Hi, bill
SENT CONTAC... CALEND... Fw:Cur.. Fw:Cur... Re: Cur ... Fw:Cur... UpcomI... r Re: Upc ...
AdChoices
Compose Oelete Move Actions
lnOO.. (129)
Re: UpcomIng CBA'S from bill kane to 1 recip\e!1t
MarS, 2012
Conversations
Mr Wa 'as the reason it took an entire week to answer this email. Who infonned
you that you would not be releasing the notes from the flnorcoveres negotiations( Name and
Sent Title please).Mr.Walker I would like to infonn you that this is a trade UNlON not a
Monarchy there is no such thing as ultimate authority in a democratic organization. Maybe
Drafts
Spam(15)
those individuals that you noted to be in ultimate control can also be ultimatley responsible
for theyre actions as well. I invite you Mr.Walker to exercise yoor right to come to the
Trash
meeting to experience the REALITY ofwhat members are concerned about, and you could
FOLDERS answer questions from the people who provide the funding for the paycheck you deposit
everyweek.Thank you sir. Sincerely William Kane 516-974-3956
MESSENGER
APPLICATIONS
From: Matt Walker <MWalker@nycdistriClcouncil.ora>
To: bm kane <enakllib@yahoo.com>
Sent: Tuesday, Mardi 6, 2012 10:30 AM
Subject: RE: Upcoming CBA'S
BiII-J only have the name of the lead member John McGrath, John Ballantyne and Frank Spencer as
New Rule in New York ut!Ie
Sopervisor and Asst Supervisor had ultimate authority at that time. The council will not be releasing
Ned< H you pay for car "",urance
in New Yorl< you'd better read thi...
notes that those members may have regarding the negotiations Please exercise your right to attend the
{Comparisons.org} Forumfrown Hall meeting on 3-13-12. See below announcement from the DC website:
All members are invited In attend a Town Hall meeting at Ihe Dislrict COWIciI on Tuesday, Mardi 13th at 4:30
pm.
The Executive-Secretary T:reasun:r, President and Vi_President, as well ulhe RO, will address Ihe members in
atteodam:e and _!heir questions regarding CBAs, Amalgamated and Ihe NLRB vore, court maItmI and any
other topic ofgeueral interest.
The meeting will be held at on Ihe Second Floor at 395 Hudson Street, New York, NY (use CIarl<son Street
eottaDce).
From! bill kane {mailto:enaklIib@yahoo,com]
Seat: Tuesday, March 06, 20124:31 AM
To: Matt WaIk
Ce: Dennis Walsh
Suhjecr. Fw Upcoming CBNS
- Forwarded Message
From: bill kane <enaldlibfeocahoo.com>
To: "MWalker@nycdistrictcounciLor!!" <MWalker@nycdistric1:l:oWlGiI.org>
Ce: Dennis Walsh <dmwfw@Yerizon,net>
Sear. Wednesday, Februmy 29. 2012 4:58 PM
Subject: Upcoming CBNS
Mr.Walker, Hi I emailed you looking for the names and notes concerning the cba's for the
tloorcoveres. Jn response you wrote that you would return my inquiry on friday. I would
appreciate the info ill atimely manner (this is info ive requested from you already a few
months ago) this is a time sensitive issue. Thanks for your effort and time. Sincerely Bill Kane
");
3/1012013
http://us-mg6.mail.yahoo.comlneollaunch?.rand=7htqvlpu4kklv
42
-----------------
March 10, 201
r" r: 'J:'
Hon. Richard M. Berman - Petition to Deny 'Full
2913 Sommer Plac
Bronx, NY 1046
BY FIRST CLASS MAIL
CHAMBERS OF
RICHARD M. BERMAN
Daniel Patrick Moynihan U.S.O.J.
500 Pearl St.
New York, NY 10007-1312
Re: United States v. District Council, et 1.
#1"'1 ftC \ -If
90 Civ. 5722 (RMB SDNY)
Sf, ... J. + .(. r, .r''I !.,14,f'J
Petition to Deny 'Full Mobility'
.
((""S .
Dear Judge Berman:
Whereas, we understand 'Full Mobility' to be similarly or specifically defined as: the permitting
of a contractor to select the entirety of its workforce, less the Steward that is to be dispatched
'blindly' from the Out-of-Work Lists (OWL); and 'Two-Man Jobs' as: the permitting ofa
contractor to select the entirety of its workforce without a Steward;
Whereas, in 2007 Pete Thomassen and the NYCDCC were found in contempt of court;
Whereas, Judge Haight's "67/33" May 2009 order was in effect a reward to the Contractors for
their participation in the contempt of court allowing Contractors to request an additional 17% of
the job workers beyond "SO/50" rather than reestablishing Consent Decree Job Referral Rule 5.B.
- 1
rF[rsDC SDNY
I.
l:rXl(lIMENT It
FILED II
DOC #:
5/13/1=1
43
Hon. Richard M. Berman - Petition to Deny 'Full Mobility'
March 10,2013
within "50/50";
Whereas, every contractor that did not have at least 50% until May 2009, and at least 33%
thereafter, oftheir workers under the Wall-Ceiling and Carpentry Association (WCC) CBA
dispatched to job from the OWL were in violation ofthe NYCDCC Job Referral Rules;
Whereas, in March 2012 the membership did not approve to the WCC CBA, it is generally
understood and accepted that the most significant reason for the rejection was the inclusion of
'Full Mobility';
Whereas, it is evident with experience and information that 'Full Mobility', particularly 'Two
Man Jobs' under 'Full Mobility', will further embolden and provide additional opportunities for
contractors to:
extort members to accept cash payments and forgo benefit payments in exchange for
current and future work, thereby committing tax evasion, benefits fraud and extortion;
circumvent Out-of-Work Lists (OWLs), with circumvention of the OWL significantly
enabling contractor to 'blacklist'/'blackball' members;
ignore OSHA and other health and safety laws, thereby increasing the likeliness for
health and safety violations and incidences;
enforce work production quotas, which are expressly forbidden in our CBA's;
increase the hiding of faulty materials and poor and incomplete workmanship;
-2
44
Hon, Richard M. Berman - Petition to Deny 'Full Mobility' March 10,2013
commit age, sex, and race discrimination; older workers and females are far less likely to
employed, and the reduction or elimination ethnic diversification and the re-occurrence of
ethnic segregation of entire crews to entire job-sites to entire companies will emerge
again with few to one ethnic groups;
there again will be crews,job-sites, and companies that will be mostly to wholly 'Irish',
'Eastern European', etc;
Whereas, 'Full Mobility' as currently stated does not specifY the number of times 'Full Mobility'
may be violated before its removal and the enforcement of '50/50', Currently, the remedy stated
is WCC CBA, Article VII, Section 6(b), "Any disputes hereunder shall be processed under the
grievance and arbitration procedures of Article XIII of this Agreement, The arbitrator shall be
empowered [but not required] as a remedy to reinstate the 50:50 hiring ratio provisions of
Section 4 of this Article VII for the duration ofthis Agreement for any Employer found to have
acted willfully and with bad intent to violate the staffing and payrolling requirements ofthis
Agreement." Potentially and highly probable, reverting to '50/50' is not likely to be applied after
one infraction, consistently applied to II companies equally, or applied at all;
Whereas, 'Full Mobility' will increase apathy, further disenfranchise the membership, stifle
democracy, choke dissenters, and gag whistleblowers.
Whereas, 'Full Mobility' unequivocally circumvents social justice, one the founding principles of
- 3
45
March 10,2013
labor unions;
Whereas, "Full Mobility' will further oligarchic control of our supposed representative
democracy;
Whereas, 'Full Mobility' further converts the Union into a mere benefit funds administrator and
'shell corporation' through which the Contractors transfer liability.
Whereas, 'Full Mobility' will eliminate for many members job opportunities and opportunities to
up-keep and increase one's skills and knowledge.
Whereas, electronic submission of Steward Reports are admittedly more efficient than paper
submission and provides great opportunity for oversight of the membership by the membership,
however effectiveness will be significantly reduced under 'Full Mobility'. 'Full Mobility' will
encourage members to not report wrong-doing by their co-workers. Under 'Full Mobility'
members will be more beholden to their employers and less supportive oftheir union due to
complete contractor control of hiring and dismissal. Under 'Full Mobility', when a contractor
learns a member is a whistleblower, there is a greater likeliness that employment with that
company will not continue. When word of whistleblowers will travel throughout the industry,
under 'Full Mobility', without contractors being required to use the OWL, members are more
easily and likely to be 'blacklisted'l'blackballed';
-4
46
March 10, 2013
Whereas, 'Full Mobility' was and is a 'negotiation' in bad faith. Overall, 'Full Mobility' is of great
benefit to the Contractors and is of little benefit to the Union and its members. It destroys the
balance between Union and Contractor;
Whereas, 'Full Mobility' is anti-union because it removes significant influence from the Union
and transfers significant control to the Contractor;
Whereas, 'Full Mobility' is primarily about control not productivity. The controlling effect of
'Full Mobility' is not only over the job-site, or the workers on the job-site, or the workers during
work-hours, or workers within the company. The controlling effect of 'Full Mobility' extends
beyond the job-site, beyond work-hours, beyond the company. Members have been in the past
and will even more so under 'Full Mobility" be expected and required to work faster, work more
hours during the work week, and take less vacation time in order to retain their current job and
future job opportunities with a company;
Whereas, I, and other OWL/'Hall' members, particularly stewards, have observed for many years
how beholden many, ifnot most, 'company-men' are to their employers. 'Full Mobility' will
further this divisive and destructive hold of 'indentured servitude'. Subjugation through 'Full
Mobility' would be indefinite. Worker resistance to subjugation is one of the reasons why labor
unions were initially formed and why they are still necessary. Moreover, subjugation will always
- 5
47
March 10,2013
lead to one of two actions: exodus or revolt;
Whereas, 'Full Mobility' further undermines the two purposes of the 1994 Consent Decree, ])
"that there should be no criminal element or La Cosa N ostra corruption of any part of United
Brotherhood of Carpenters and Joiners of America (the "UBCJA"), including the District
Council and its constituent local unions;" and 2) "to ensure that the District Council and its
constituent local unions shall be maintained and run democratically, and without unlawful
influence from outside membership;"
Whereas, 'Full Mobility' is antithetical to the November 1,2010, UBC Constitution, Section 2,
Objects: It does not help to organize workers. It does not encourage an apprenticeship system. It
does not help to develop, improve and enforce the program and standards of Occupational Safety
and Health. It does not cultivate friendship. It does not help to develop good public relations in
the community. It does not assist to secure employment. It does not reduce the hours of daily
labor. It does not coordinate bargaining toward the goal oftaking wages out of competition. It
does not help to eliminate competition between members. It does not elevate the moral,
intellectual and social conditions ofALL members and it does not improve the carpenters' trade;
Whereas, 'Full Mobility' is antithetical to the Aug 8, 2011, NYCDCC Bylaws, Preamble: It does
not promote and protect the interest ofthe membership. It does not elevate the moral, intellectual
or social conditions of all working men and women. It does not assist union members in sickness
-6
48
Hon. Richard M. Berman - Petition to Deny 'Full Mobility' March 10,2013
and distress. It does not encourage apprenticeship. It does not cultivate friendship. It does not
assist members to secure employment. It does not uphold the dignity of labor. It does not resist
oppression;
Whereas, 'Full Mobility' is antithetical to the Aug 8, 2011, NYCDCC Bylaws, Section 2,
Consistency with Judicial Orders: because it is inconsistent with the consent decree;
Whereas, 'Full Mobility' is antithetical to the Aug 8, 20 II, NYCDCC Bylaws, Section 3, Objects:
It does not promote protect the interest of our membership. It is not democratic and it is not free
from corrupt influence. It does not encourage an apprenticeship system. It does not elevate the
standard of the craft It does not cultivate a feeling a friendship amongst the members ofthe
Brotherhood. It is not assist the members in procuring employment. It does not protect the
members against injustice. It does not improve the moral, social and intellectual conditions of the
members in all working people;
Therefore, as a t 7+ year member of NYC Carpenters' Local Union 157, affiliated to the New
York City and Vicinity District Council of Carpenters (NYCDCC), as the only candidate to run
against Forde for Executive Secretary-Treasurer in the 2008 NYCDCC election, as one of the
two RO approved Executive Secretary-Treasurer candidates in the 2011 NYCDCC election, as
an RO approved candidate in the 2012 NYCDCC Presidential election, as the recently elected
Local Union 157 Recoding Secretary, as a Certified UBC Steward, I petition you, the Hon.
- 7
49
Hon. Richard M. Berman - Petition to Deny 'Full Mobility' March to, 2013
Richard M. Berman, United States District Judge, NYSD, to deny the acceptance and
implementation of 'Full Mobility' in any agreement with the NYCDCC and/or affiliated
organizations until at least June 30, 2016.
Recof't1..,.<V"o,;
LU157, N C, UBCJA
UBC#: 6027-2876
-8
50
do,tt.,t.
SO ORDERED:
__R!1J_________ _
RICHARD M. BERMAN U.S.D.J.
March 8 2013
"S"V,'S
500 Pearl Street
New York N.Y. 10007-1312

DCSDNY
Dr .
,-t'l!:::!\

1= riLED
-Q(
)C
CHAMBERS OF
DE IE FILED:
RICHARD M. BERMAN
U.S.O.J.
3/13/13
Your Honor Richard M. Berman,
Thank you for your patience and concern for our Carpenters Union. This must be as hard for you
as us to make a decision on full mobility. I thank you for your invitation to write you on this topic.
Men and Women join the Carpenters Union because they want a decent days pay and good
benefits, that the union bargains for it's members. We all work hard to give the company a good days work,
or we will get layoff. Regardless if the company hire us directly or we were refer from the out of work list
(OWL).
When a company is extremely busy they put more carpenters to work. When the company slows
down they lay off workers. These carpenters either call companies on there own for work, shape jobs and
put there name on the job referral list (OWL). Companies need manpower to complete ajob for the
contractor on a days notice a weeks notice or down the road after bidding on jobs for the next year when
the job is ready to start.
Full mobility means that company's have there company men that they keep busy, call around on
there own to see who's available when they need manpower, and last I assume call the OWL ifthey can't
find any more skilled workers to do there job. Choosing the cream ofthe crop so to say first and the steward
from the OWL.
Lets not forget the pasts. Men with visions to start a union of skilled carpenters. When companies
abused labor by outbidding one another paying labor low pay and no benefits. The union united men and
women to fight for better pay, working conditions and benefits for there families and themselves. It wasn't
the companies that said lets unite. It was men and women on picket lines and striking for a better way of
life.
Now we have full mobility vs. a 33% match to company carpenters. We all can't be the cream of
the crop and a company man for that matter. Everyone wants to work even the members on the OWL
that's why we join the union. The 33% ratio helps the union keeps members hoping for a good years work,
and new members hopeful in finding a home (company) and elder carpenters working.
The OWL with full mobility may in the long run hurt the union. The OWL protects union
members when work is slow. Companies have a place to call for manpower. It also projects a status of
moral support for our union and economy.
I join the union in 1972. A shop steward for the last 15 years. The company not all of
them want to make more money if they can by bidding jobs union signing our contract and then
undermining there workers by not paying them union wages. Just last week I found 4 men on another floor
sanding and finishing a newly wood floor we just installed. One man had a union card, another said he was
in the union had no wallet or lD, and the other 2 had no union cards at all. All was reported on the stewards
report. After 5 working days they have to join the union I believe. Most times the companies just removes
51
them from the job. There is still a strong need for stewards and business rep. For it is a thin line that we
protect for a strong union.
With all things being equal each company will have it's share of company men and
referral carpenters. Makes bidding ofajob also equal with the 33% ratio without fuJI mobility. Stewards,
members and business reps will also keep it equal by protecting there work and jurisdiction.
Benjamin Franklin quoted" do it right the first time or don't do it at all'.
Sincerely,
John Bevando
52
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
March 10, 2013
BY FIRST CLASS MAIL
500 P"earl St.
New York, NY 10007-1312
,f"k to IOtIt,I.
SO
Re: United States v. District Council, et al.
90 Civ. 5722 (RMB SDNY)
_________
Full Mobility RICHARD M. BERMAN U.S.D.J.
'1/11/IJ.
Dear Judge Berman,
I have been elected to hold office at my local union and I am an elected Delegate to the District Council
Delegate body. I won my first election in the spring of 2010, as Delegate to the International Convention
of the UBC. My next run for office was for President of Local Union #608 and won. Seven days later the
local was dissolved by the UBC. My local was then merged with Local #157, where Five months later the
President Lawrence D'Errico, resigned under scrutiny by the RO Dennis Walsh.
Myself and several members of the former Local #608 ran for the executive board of 157 and won. I was
then elected Vice President ofthe largest Local in the UBC. I was then elected 157 Delegate to NYCDCC,
which I am still today.
I stepped down from the Vice President of my local, November 2012, because, in my opinion the local
does not have any effect on the process, as it stands today. Other than collection of dues from members,
and forwarding the funds onto the NYCDCC and the UBC, the Local Union has no say whatsoever, on the
day to day business of working Carpenters.
USDCSDNY
-1
DOCUMENT
ELECTRONlCALLY Fa ED
DOC#:

DATE FILED; 11

I
53
I need you to understand that I have had, and still have the support of the members because I believe
what they believe, and We, believe that, Full mobility will be the death nail to our members and to our
union. Never the Racial and discriminatory ramifications, t.his will cause through out our trade.
This part of the proposed CBA's that have been voted down by the Rank and File, and then voted on
again and passed by a majority of the Delegate body.
The members have been shut out of this process by the Leadership of the NYCDCC, by not truly
communicating with the Membership, the reasons that "Full Mobility" is for the betterment of our
Union.
From my viewpoint this idea of "Full mobility" can only hurt our already suffering membership. The so
called Anti-Corruption part of "Labor Management" is nothing but a smoke screen to avoid dealing with
the everyday problems seen on every Jobsite. It's basically "Throwing the Baby Out with the Bathwater".
Creating this "Labor Management" wing of the NYCDCC, and the New Electronic Reporting of hours, is
again, going to take away our shop stewards ability to keep their co-workers and themselves, informed,
of what is going on thru out the city and on other Jobsites. This is another way of turning away the
memberships voice and keeping them uninformed, to the point that the members no longer feel they
are part of something, to be Proud of.
Please do not be swayed by the fast talking hired mouth pieces of the Wall-Ceiling and Carpentry
ASSOciation, and the sellout leadership of the NYCDCC.
Thomas McGonnigle, 32 Year Member
-2
54
55
'-,'
AfZf' .' '"[ ," \-:' .; 'i-j ".
CB4-- se!&toM bJC -W
li{\\J !A le;f-qpW r+I-I- t.\ ()
&kef \D. wID(L\C
n1'> J WI '/ Wti-tJ tl1JN ro t' ill) Jed sJtop& -fIj)F
k IJOO9?rl I t-\ Ctt rutcla Iy

'Jl) fJetcO.. 5()()l> (f\.fNYI flide '-1+ )J.s..+ YNS,R 4lfjJ
Ac::tHt" I)C uJ IW U N [,0 tJ . j:.F Need Be we .:}IctJ
/ldrlttIfJ til- Of! fL NYtDco IJ
'JI-GwI -fOil 713 blSfcrbt-}r;-fU JJ Nreb. Itit
WleJf1Js * evt./-1v 1/NtCrJ .gzJ ) I
M/noru-hts -+ 'loS IAhll lose 4f.a11
--to fl.e-. --h I\e W1-#1 blc; IVi-k;. }-1IfselF.J;Wt
. OJ'ld .32 Sv ):1 <>JftJ WO'lk
/H>t:rI It ye!l-/l-t- hqJF o/J ...JLe 1)WL fhLj
lOo/Cs ::pql{ n'19 ::r::M1kJte. '1ftetJ1 :pDt-.
Y.0 fA fL- 1)' fke And pfl.cwJ -.JJt..e 10f2A 'IV () J
0
. ou(2.. JU f5) fIJI
. 2::rqO lW MAR 122013
CHAMBERS OF '
RICHARD M. BERMAN
U.S.D.J.. '
56
(It,1c to Ittle."'..
so ORDERED:
Gregory A. Butler
Union Carpenter
'1"'1,'.. 2.rt8 ____
UBC ID # 7164-3698
RICHARDM. BERMAN U.S.D.J. 1580 Amsterdam Av # 46
1/11/11
New York, NY 10031
March 8, 2013
500 Pearl St
New York, NY 10007-1312
Your Honor,
f/D) [g [g II WI [g fQI
W liAR 122013 Il!J
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
USDC SDNY
DOCUMENT
ELECTRONICALLY rILED
DOC #:_________
DATE FILED: 3/r5113
,
I am a union carpenter in New York City. I have been in this union for 20 years, a journeylevel carpenter
for 16 of those years, a certified shop steward for 14 years.
I am writing you today to urge you to stop "full mobility".
The employers in our industry have a long history of using control over employment to manipulate
union carpenters to tolerate on the job abuses, including working for less than union scale and working off the
books.
We've already experimented with letting employers have 100% control of employment - the "'request
system" which many of them abused, the On Par situation being the most notable case but far from the only
one.
If "full mobility" is imposed, the majority of carpenters will lose their ability to rely on a democratic,
union-controlled source of employment and will have to do what they have to do to get work, even if that
means tolerating contract violations.
We won't be able to stop that with iPads or any other high tech methods.
As stewards, if we are the only ones on the job who don't have to rely on a contractor for employment,
we'll be the only ones with any Investment in Investigating labor abuses. We'll be a minority of one on a site full
of company men, desperate to do whatever they need to do to keep working, and desperate to cover up their
employer's labor abuses, just to keep their jobs.
I urge you, reject full mobility and protect our out of work list.
Thank you
57
- --------------------
USDCSDNY
DOCUMENT
DOC#:
DATE FILED: 3113/13
March 12,2013
Your Honor,
In response to your edict on February 27, 2013, I respectfully pose the following question:
Does the newly proposed manning provision known as Full Mobility violate the core tenants ofthe
Consent Decree?
Full Mobility will enable the contractors to have more control of their workforce. The theory being that
the "hand-picked crews" will be more efficient and, in tum, more competitive in the current job market. I
have several reservations on this premise.
Currently, there exists ajob referral system known as the Out-of-Work List (OWL). Basically, it
dispatches workers off of a master list when the contractors require additional manpower. I always
thOUght that the "randomness" of the OWL helped secure ones' right to an impartial, and in tum,
democratic hiring practice. By giving the contractors more control of the workforce, aren't we also
making it far more difficult, and consequently, less democratic, for the majority of our members to find
gainful employment.
Just because someone states that a certain thing is true doesn't make it so. The contractors have stated
that they wish to be more competitive in the current job market. Their "current" job market is the same
one they have been in since they became signatories, and subsequently, business partners, with the
District Council. What "job market" are they referring to? If their wish is to compete for the non-union
work in the New York market, no Full Mobility clause will enable them to accomplish that. A union
carpenters' rate is roughly $90/hr. (that is total package, wages and benefits). Conversely, non-union
rates regularly range between $20 to $40/hr. How much more efficient would the workforce have to be to
shrink this monetary chasm? The primary argument in favor of Full Mobility, that of efficiency and
competitiveness, seems to fail the mustard test in this case.
The current CBA negotiations have been long and fraught with impediments. Nonetheless, I am also a
firm believer in following my instincts. My "gut" tells me that the Full Mobility manning provisions
benefit the few at the expense of the many and, in so much, would bring non-democratic practices to our
brotherhood.
If you concur with this assessment wouldn't that constitute a direct violation of the Consent Decree and,
being that, make Full Mobility ineligible for implementation within the NYCDCC.
Thank you.
Respectfully,
\
~ 0
Kevin V. Corrigan
Delegate Local # I
CHAMBERS OF
RICHARD M. BERMAN
U.S.D.J.
58
c s --- h> J.JrJ. II \'ll LID
DOCUMENT
ELEC"TRONICALLY ARD _______ MAR 122013 D
DOC ,,: V . U.S.D.J. CHAMBERS OF
DATE F'LED' a
1. Ii "J tJ / A' U.S.D.J.
_ fVV\.- v./ S I:
RICHARDM.BERMAN
wcrut) tk ?t --0/ /0/;;1
Cud( ;::;1I)t;dli;
f9-er 4
t
-rG- aJord

tJfv/- /tw #1 o} / Jv # !IJ
()jar fI-e- ad art
;W. -

!l h' cj
0( {JJ crJ- p -jlc{?3 /Jro
r:e- evko

j/-t ;td
. . P1
59
.. /Uwz-w
," Cl/Vdk-fveuL; / a-./

It YLff f2tn,:; #
t0i1t , j7u- FcJfLu[j (/.-1' /I #v
b)2lJf- J$#LS-/
'
jt;;U ;-h (/ uJP
/M t:j/J ;j 4 do:f
cvd1- pju
7/tu (HC! ;L/of;j k
a . /
aJI P PIC ry
/vvU AJ-e- /ltA/'d
jIY;[)ad &mco/-'
tI . .-,-- . M It
;k {boud- . ;;U
60
ibM -if(

tJ7'- --)df Au;., k (h
fu-- evvd ;jJ iW aJlI

pOL"/-15" Tv/)0 /31.7VL1;+1U
/)0 /lJoT
9/7 got; 3tf5/

61
FOSTER J.
23 LOIS LANI1J USDC SDNY
FARMINGDALE. NY 11735 DOCUMENI
516.756.1911
ELECTRONl.
DOC#:_.
DATE FILE
March 8, 2013
Llf,k -\-0
Daniel Patrick Moynihan US Court House SO ORDERED:
500 Pearl Street
New York, NY 10007-1312

RICHARD M. BERMAN U.S.D.J.
t1D -
"l/l'f/, 1
Dear Judge Berman:
May 2013 will be my fortieth year as a member ofthe United Brothers of Carpenters in
New York City. It was been very rewarding to me. I am in the heavy construction sector
ofthe industry.
I am very disappointed in our new leadership. They ran against full mobility and allowed
us to vote on the contract for the first time in forty years. We voted the previous contract
down.
My business agent told me two things; first, union members could not vote on the
contract because we couldn't understand it and secondly, we are not paying for full
mobility. It is my understanding that union members contribute 35 cents an hour to a
fund that already has 20 million dollars. We have not had a raise in almost two years.
Our leaders are not representing us and our interests, but their own. This is our money
and not theirs. Please consider this as you make your decision on full mobility. Thank
you for your time and may God give you wisdom in making your decision.
Yours truly,

Foster J. Lostritto
62
CIt, It:. to
so ORDERED:
",
RiCHARD M." BERMANU:S.5:"J
1/I'I/I..J
qO....cV- S-72-Z
Han. Richard M. Berman
Dear Hon. Judge Berman,
US DC SL>:','
3/8/2013
DOCUMFi,,':
"" - ,.'
ELECTRU
"" t __ " \. l
DOC#:___ _
DATE FILE
Hello, your Honor. My name is John M. Dunscomb. I want to thank you for this opportunity to
be heard.
I am a member of Carpenters Local Union 157. I have been a union carpenter for 29 years.
During my career, I have experienced periods of plentiful work and periods of long
unemployment. Sometimes for months.
It was during these slow periods that the unions out of work list helped me go to work on jobs
that I would not have known about.
I believe that a fairly run out of work list is a good thing for an unemployed carpenter. It gives
him an opportunity to work.
We must remember, we need to find work every time the job we are on is finished or our
services are no longer needed by the contractor.
The question is, "How are we going to get our next job?"
Putting our name on the unions out of work list is the only fair and just way to get back to work.
When your number comes up, you get an opportunity to work again.
Full mobility would put the majority of the hiring into the hands of the contractor. There would
be no checks and n cronyism e otism . fluence racial discrimination, sex and age
discrimination in the hiring process. It is a totally unfair hiring system for the rank an
Our District Council Lawyers are arguing for full mobility, because our delegate body now
approves of it.
If you go back to the election, you may notice that our E.S.T. campaigned against full mobility
along with all the delegates in his party. He also made a motion to the newly elected delegate body to
send the contract (containing full mobility) to be ratified by the rank and file. The motion was passed by
the delegates and the rank and file voted down the full mobility contract by a margin of 2 to 11
The wall and ceiling association was not happy with this outcome. They are now saying that
they are willing to give us a raise in order to get full mobility.
63
Your Honor. What good is a raise if your opportunity to work is less? If nobody gets hired from
the out of work Iist,except shop stewards,instead of the 66% to 33% company man/union man ratio now
in effect, our work opportunities will simply be less. less opportunity to work is no good for the rank and
file members of this union.
Our delegate body now approves the new contract. They did not give the rank and file the
chance to vote on it a second time.
This is bizarre. They have suddenly taken the side ofthe contractors and their associations
against their own members! They are willing to send a lot of their brother union members into poverty!
That's right. When you only work six months a year, for example, and your opportunities to
work are cut by the very delegates who are supposed to be looking out for your interests, your family
suffers and falls closer to poverty.
When the lawyers for the District Council argue in favor of the contractor associations and the
E.S.T. ofthat council suddenly changes his mind about full mobility and is now in favor of it and the
delegates to the district council ignore the voices of the rank and file, something is wrong!
In the past, it was corruption,bribery and mob influence. What is it now? A coincidence? I think
notl
Your Honor,l urge you not to allow this dirty idea of full mobility to ever be allowed. It is corrupt
and wrong and unjust for the rank and filel Please keep the current 66%--- 33% compromise manpower
ratio in our collective bargaining agreements.

64
ttl
.
i
,
,

NyC
):Jill 'Be. ouT'1 woRk
.t-a- . 'ReLy
JON :.J;::k (ouT 'i Wo(U: J..%i;) 0-4-
roLe.
,
WJ-.o:t-.A.a.. FuLL HoBd..,Ty'?
fuLL 110 BIL/lf .LQ. a CAM
tB'I Do
M
fiNe. SoLE SCAM
UA j::a- E L 1M I MATe. A BeL)5 H
OUTof
WoR/( EMfL..OYS
ff OUT of WoR.k VNloAl j
65
--rHIs i 5 /-10 u.J 'T/-1 fL S C 17 M
Wo R.l<s'
IHE SCPrM
TF a.. C e>t<-lZvfT UN/oAl CO'ifftAJj
-rU WoRk N1
C
/
WftAJ/ jA; 1)0 M.. -?
NDTH I RE
J
A Ny LJo Rke R$' F R. ofV1 ',I)
OUT c F WaR/( LIST j
" COM f,4lVl-'2. 5 (JIll otJL i I-J IRE
WDP-ke.R.f wiTH LOCI+L /s"7 UNlot\!
CA- .. f) J / U CAR 0 D i S'C RIM } tVItII 0 IV' ./
ft HAS AkJ NT utJ{oAJ
CA-tZQ) oR LDN; T5.h-ty/ CITRD
o (L Uf s.ttl i I.) tV I () tJ T L,J I 11
'-e, E. FIr<. E D t- 0 R NoT H I R. E ti A'- Pt L L " #
66

(IF lou ,SEND :JoE Jhe CoMffiNy
jM A rJ W J -r.Jv Q.-'Y\. TV.T
to
MJ ouT of WORK -:LIST
HIR I LJoRkeP-.;t;;
-rrJ-I
l
5> 000 () L D CosT /'I C01'1 flJ..rfVj

0 ? It'/) E V;J Y ,S-'Vf\f -::JD
ON a.. 00 B v Wou L () HaA).!I... J:c:
, I
V-lIRE I L0oR.K.el2. ouT of
1LJ 0 r<. k L / S-r /V Fe L L 0 LJ J cEltR tJ U NtJ
t.J h e. -e E\j.R., (2 1-/ e Go E f QI
-tHIS (;u'l JDE .ML NOw C DSTINJ I}
jCoMfAtJy E-'tTR.ff MONell !tNf) IT
W6uLJ) 73e.. EASlef( Ju.[T'ic FIRE
TDE) AND ONLy USE J.oCrAJ2 JS-7
LV 0 f( J( '- s NEVe r<. us 'r
. I
OUT () F Wo(2.. liST ElIe.R.. A-G-itJrV til
67

---(HE FJlvftL f<esu LT
of FvLL MOfJ,l.,Tj
dD COMPANlel Will oNLy HII<.,C
wHo Hftl/E, iDeAL IS7
.UNION CA RDJ,
AND AS- A t<ESuLT (A..hIJ NoT J5 .
1(FQu/(?.ef) TD USE OUT of LJD/<.)C
AIST/ 0 R.. A Ali LJolZ I<' . IV
f Rv M T H- e I:) wL . .i E'i C (.. f T T Juz S J. 0 f STewAIZIJ
-rH-e.. OuT of WORk 2.. 1sT Will tHeN
"$ weT,. (I -rAIS iJ LJAy
COM f /tNle f -TN Ve tVTe 0 Fv JI Mo Cit. //;/
yo 13eJ'N WITH!
,
1 HftRf) WDf..)( INJ
. CAR W J+v1< L f &-Y\. J::7:;L
OJT f) F WoP-I:- ToRS
II tJ LJ0 P..):::. It <G- IT ) IV
Q)-rAoUJANOJ DF
UN/eN o(Z
'/ONJ U\.AltoAf Uf.s:i:d.:d Njl
U N I D tV W 'll f\J f...uJlA.. 0-0 t3 J .Aff'
M/t-tv' Hf+-r-r It Iv' E Vz. P- f+ Gtt J AI /
() AND All );::AJ. Ie Do
W/IH a. 51(.(1 Mof3/t...e DE-VIce.
68
69
JJ, NON 0 u..J I k UtV ,oN
-:r N J eJ:U CA N.f2A.J Sell /'1
. I
FuLL f:ttJaTH--efl
.5 iNT-vtJ.J :b- A VO 10 HJ/<. I AlJ
iWO FR.ot-1TY--L OuT CY WoRk '</57,
ou t<. UNION HIt..'J2.
10 HJJ-:Bt1
c
tk fJN T /0eH8e.I<.J
:ft IV [) J. I DTc US".. I'll )( e TIl L-e L ( 0
-tc L 0 Ifo..L M e.H B-eR-S H-e.. L0l+f
A VA J AJsT FJ L(. t1 0 fJi L IT I It tJ () J:J\.iJ;;i I .' t t
WA'I W..e. v0 TE...f) HIM,. ( OtJC.J;L .
He- G-DI HR... _
MINO {\Jew W/tAfT.f FJLl i'1 o B,LITI ?1(
Ve.f<.j SI TN () :
70
-
i
i
j
,
"
~ . # . ?>l.iLLDoG 7'7 "I.;
Low- 157 U ~ C ~ " .
71
ttc.,k t-.
_----
RICHARD M. BERMi\N U.S.D.J.
CHAMBERS ..
1/'''11'3
RIGHAA M.
Re: United States v. District Council, et al., 90 Civ. 5722 (RMB)
Collective Bargaining Agreement Between the District Council USDC SDNY

DOC#:

DATE FILED:
Dear Judge Berman:
I write to you because I am a proud union carpenter that cares about this
union future. I have thirty years in this trade and have seen a lot happen in the past.
I will keep this as short as I can. Has anyone given any thought to or plan our future?
What do we do about the market share of our trade when thousands drop from this
union because they can't find work. Full mobility will certainly cause this.
If we all have to pay the same union dues, I would think we all should have
the same rights to work. If full mobility starts, it would force a union carpenter that
are not working with a company to turn to non-union to support their family. They
in turn would be our competition. In reality we would become a union of some
(company men) not all. How strong are we?
We are about to enter what many are saying the busiest time in the history
of New York City construction ever. Now is our time to build not divide us.
Webster dictionary defines Labor union as an organization of workers formed for
the purpose of advancing its members' interest in respect to wages, benefits, and
working condition.
72
It doesn't say some workers it say members. As time goes by who protect the
worker who age, the women in the trade, the young apprentice that doesn't know
better. This is something that the union always had to handle. There will be a fear
factor if someone were to report any wrong doing to the union in fear they would
lose their job.
Ask the Boston Union Carpenters how is full mobility working. It passed several
years ago. Not many are happy with that out come.
Just for the record I was a company foreman for over 25 years. I know what
happens on the other side of the fence. The idea of a union is to build it better every
year and to protect its members.
Thank you
Bill M
Local 157
73
Richard Dorrough March 9,2013
303 North 2
nd
Ave, Mechanicville NY 12188
500 Pearl Street
New York, NY 10007-1312
Dear Judge Berman.
I am writing to you in hopes you will give my voice your attention on the issue of
Full Mobility or as the rest of the UBC knows it 100% Mobility. This issue I am sure
weighs heavy on your mind due to the possible devastating effect it will have on the rank
and file and due to your responsibility and obligations before authorizing changes to the
existing consent decree. I am sure you are interested in seeking the truth and the studying
the ramifications of your decision before you act. You see despite the misinformation and
in some cases blatant lies that have come, in appalling disrespect, before your honor and
your court this is not a NYCDCC policy or unique to New York City or its associations
and contractors. It is a UBC International Mandate imposed on all the UBC and was
something offered by the UBC and not something demanded by the contractors. However
once it was put on the table by the UBC International the companies were only too happy
to jump on it as payment or in trade. NYCDCC Attorney Mr. Murphy made it clear in
your court on Feb 27,2013 that the Contractors have paid for Full Mobility that
statement in itself should be a red flag for your honor. I believe the evidence will show
you that you are being falsely advised as to what they paid for it with and the truth as to
what it actually is. We in Upstate New York have been the victims of Full Mobility since
December of 2010. We had no consent decree or your honorable court for protection. A
UBC International Representatives Tom Garrison whom we have nicknamed Hatchet
Jack because he showed up at our Local 370 robbed our Bank accounts and took our
Local charter in yet another UBC forced merger showed up in December 2010 at our
Local 370 Christmas event. He made two announcements. One was the Introduction of
100% Mobility which he explained as the Contractors being able to come to Albany and
bring their entire crew and not hire a single Local worker. When members were
justifiably upset they were told to bad and we had no.. The second announcement was the
UBC International had no intention of taking the Local 370 Charter and that anybody
who was saying so(me in particular) was a liar. 4 months later they and Mr. Garrison took
our Local charter and seized our Local bank accounts. Duly elected officers were
removed and replaced with hand picked Officers who despite UBC riles that required an
election in 6 months stayed in Office of over a year because New Jersey EST Mike
Capelli refused to hold elections
74

Mobility is defined as.1.The quality or state of being mobile. 2. The ability to move
from place to place How is the contractor being able to pick the entire crew at its
discretion and bypass the out of work list have anything to do with mobility. Further right
now the NYC Carpenters as well as all other UBC carpenters across the US already have
full mobility and the ability to work within each others jurisdiction. The only stipulation
is how many of the Local workers the company has to hire from the Local Union Hall.
All Carpenters in Locals affiliated with a council, and I say affiliated because despite the
lies being presented the NYC Carpenters and all other UBC Carpenters ARE NOT
members of the councils but affiliated with the councils. See Sec.Elaine Chaos
Supplemental Statements of reasons in Harrington v-Chao in which she declares clearly
the UBC rank and file are NOT members of the councils but affiliated with them. are
free to work in any area of the councils jurisdiction. Free to move from place to place
So why is the issue of full mobility a contractual sticking point and why would the UBC
put the issue on the table creating this situation in the first place. Why. Because the
contractors being free to hire its entire crew has nothing to do with full mobility and is
not full mobility. It is an increase in the manning ratio to benefit the contractors.

As they did before with Judge Haight when they ASKED for a change from 50/50%
to 67/33% the association and employers if this is passed will receive an increase to a
100% manning ratio. At your Feb 27,2013 court date you asked how Judge Haight came
up with the 67%-33% number. The fact is the employers and associations told the Court it
was needed to make them competitive with the non-Union. That is not the case here.
They did not ask for it they bought and paid for it according to Mr. Murphy. To make
your informed decision your need to decide what they bought it with. This is not about
being more competitive this is about being paid or compensated for an action regardless
if it is o the best interest of the membership. As a matter of fact the interest of the
membership is not even being considered and the NYCDCC regime just like the UBC in
general could care less what the members think or want the only best interests to be
served here are those of the UBC International, the NYC Council Officer or employee
and the Wall and Ceiling Association who least we forget gave us Prisoner Joseph
Olivieri.

The UBC and NYC DCC is NOT a democratic Union serving the membership. It is
a dictatorship who routinely persecutes, harasses and attacks any delegate or member
who speaks out or tries to exercise the State or Federal Rights they are entitled to as a
citizen of the United States or the fiduciary duties they swore to perform .The Brian
Brennan Case and the John Musmeci persecution locally. The loss of Walter Mack
because he refused to GET the Harkins and adhere to a system that delivered a fair trial if
not justice to all members. The Andrew Kevin Price case in St.Louis. The recent NLRB
case in Buffalo where the Northeast Regional Council has admitted the abuse of a group
of its Albany and Buffalo members trying to exercise their Section 7 rights. Multiple
NLRB unfair labor practice charges, EEOC cases filed and multiple cases filed in District
Court such as SDNY 12-CV-04181.. Enright, et al. v. NYC District Council of Carpenters
Welfare Fund, et al .You were made aware of this case at the December hearing but in
another example of a blatant attempt to mislead your court you were told that the Blue
75
Card was nothing more than a New and Unique way to collect dues and the Lawsuit had
no merit. The fact is it was an imposed illegal assessment in violation of the LMRDA and
the NYCDCC tried to extort the members into signing an authorization card approving it.
Anyone who refused to sign had the vacations checks held back and they were threatened
by the NYCDCC to sign. The ones who did sign were told that they were only signing the
card to update the NYCDCC files and never told what they were signing was an
authorization card to collect an illegally imposed assessment. Enclose is a copy of the
letter sent out which actually say Vacation Assessment, lies as to its purpose and declares
it must be signed to process your check. So many laws and rules broken in one short
letter. After reading them you must ask yourself how anyone could stand in your court
and tell you the Blue Card issues was just a new and Unique way to collect dues. I was
astounded that in regards to the Enright case that. Mr. Murphy implied that you should
chat with the other Judge hearing the Enright case and gave you the details.

This is business as usual for the UBC and its councils as mandated by the UBC
International and long standing policy of intimidation and thug Unionism. While you are
being told the system in now running smooth after a rocky start that is a lie. The new
regime under Mike Bilello, who ran on a Transparency and reform platform, makes the
Forde Regime look like boy scouts. Things are not smoother they are quieter. That is
because the delegates through intimidation and harassment are now doing as they are
told. Many have just planned dropped out and some have enquired about quitting and
resigning. The NYCDCC eboard still refuses to accept any motions that go against their
policies. The delegates who do stand up and try to do their job are still denied. The
Eboard still REFUSES to abide by Roberts Rules when running the meetings which is
their duty as declared by the UBC Constitution and not an option. Many officers still
have no idea what Roberts rules are which without the meetings cannot function correctly
and the delegates cannot do their jobs as delegates. This fiasco is evident by Mr. Murphy
and his NYCDCC counterparts coming before your honor and asking you to believe that
on August 12,2012 the delegate body approved the WCC Contract and you are being
asked to sign off. How absurd to claim that the delegate body was given a four page
MOU one day before the vote and asked to vote on it. How absurd to ask your court to
believe that the delegate body voted on and approved a document that contained ONLY
four pages of the 48 blank pages the contract has become said go ahead and fill in the
empty pages later.. If this was indeed the truth and an example of how delegate approvals
are sought, given and decisions of such importance are reached than the very absurdity of
it will make your court see just how far back words the NYC Council has moved. Is this
how the court envisioned the future of the NYCDCC to be. Sham contract votes.
Intimidated and harassed delegates.
As stated earlier we have been a victim of Full or 100% mobility upstate since
December 2010. Other areas of the UBC even longer. It was written into our new CBA in
June of 2011 Section 21 Mobility of Manpower: A signatory contractors workforce shall
be afforded full mobility throughout the entirety of the Union Thats it. To this day the
only explanation we have as to what Full Mobility is comes from Tom Garrisons
December speech. Now that your court has been made aware that Full Mobility is not
unique to NYC and is a UBC mandated policy the court can act accordingly to determine
the ramifications of the policy on UBC members. The court does not need to speculate
76
since the mandate has been tested and the results are available and in fairness to the
membership should be sought out and reviewed before a decision is made.
I am opposed to full mobility based on its result and the damage it has done to
working members. Upstate in Malta NY we have one of the biggest, if not the biggest,
jobs on the East Coast called Global Foundries. It has been a victim of 100% or Full
Mobility since December 2010. One thing that many members will all tell you is that one
of the hardest things to find in the workers parking lot is a New York State license plate.
Despite taking 3 Billion dollars of New York Taxpayers money on the promise of jobs for
Local Construction workers the fact is a large portion of workers are from out of state and
out of area.. Despite going to the Town, County and State governments and demanding
job PLAs to protect the workers and guarantee jobs for Local workers the fact is the
Union or at the least the UBC never intended to pursue these jobs for local workers. They
fully intended under Full Mobility to bring in out of state and out of area workers which
his exactly what they did. It is yet to be seen if the UBC can be held legally liable for
making such statements and well blatant lies in seeking the PLA. It is yet to be seen who
is legally liable for taking 3 billion in NY tax dollars and then allowing Full Mobility to
cheat Local tax payers and UBC members out of the promised jobs. I hope your honor
will consider and understand that moving forward the Unions who have full mobility
clauses will NOT be able to make those claims of Local jobs for the purpose of securing
tax dollars and PLAs. Their actions on manning Global Foundries with out of state
workers and out of area while Local UBC members sat home will not and has not gone
unnoticed. It will be a deciding factor the next time they try to push a PLA or ask for tax
dollars with the promise of Local Jobs they cannot offer with a Full Mobility policy. One
has to wonder if full mobility is worth the Tax Dollars and PLAs they will have to give
up and how many man-hours will be lost because of it.
As indicated under Full Mobility the UBC brought in out of state workers and out
of area workers to man Global Foundries while over 200 Local UBC members collected
unemployment and failed to get the Pension and Health hours needed. This despite
having the biggest job on the east Coast in their back yard. To add insult to injury the out
of state and out of area UBC members brought in were paid a higher rate than local UBC
members. If their Local rate was higher than Saratoga County then they were paid the
higher rate. To combat this and to put the Local UBC members on an even playing field
the CBA had a negotiated contract rule that declared that if the Company men, so to
speak, were paid a higher rate than all workers of equal ability were paid the same rate.
When Local UBC members learned the out of state UBC members were being paid the
higher rate, A campaign was started to collect the wage as written in the CBA. The UBC
International, Northeast Council Reps Haines and Banfield and Local UBC Officers
Sowalski and Blacklock refused to pursue the wages. We found out they actually told the
employer not to worry about it and they would not have to pay which they never did.
When the new 100% Mobility language was written into the new CBA negotiated in July
2011 the equal wage rule was removed and written out of the CBA because as we were
told it interfered with the Full Mobility clause.

Another negative affect to full mobility is that it stifles or impedes the growth of
the Local Unions, which despite some rather foolish man declaring that the Locals have
outlived their usefulness are indeed the life blood of any Union Organization. I truly
77
believe that when the rank and file has had enough with dictatorships and undemocratic
Unions run by greedy men trying to fill their pockets at the expense of the membership it
will be the Locals that are left standing. They will once more be the gathering places of
good Union men and women and their families seeking a democratic Union and a means
to make a living for them and their families. In Albany NY we were watching the steady
decline in membership and market share. When the GlobalFoundries project was
announced along with many other projects it meant a wealth of man-hours for a long
period of time. It was a chance to rebuild the Local and increase the membership. The
time periods leading up to these jobs should have been spent recruiting and training so
that Albany could meet the call for any workers needed probably trained and ready. It
never happened. No major recruitment .No flurry of training .It was decided that with
Full Mobility the workers could be brought in from around the UBC and New Jersey
according to McCarron appointed President Mark Sowalski . There was no need to build
up the local or training workers whose hours would stay in our fund accounts and not be
reciprocated to Illinois and Texas .You see not only can the Association or contractors
man Local jobs without hiring a single Local UBC member so can the UBC under full
mobility. Where as before Full Mobility and the forced mergers Local UBC Officers had
to make sure all Local members who could work were employed before they put the call
out to other UBC Locals for workers. Since under full mobility there is no accountability
to the Out Of Work List now the Local Officer can make sure his family and friends are
working and to hell with everybody else. Here is the proof that this concern raised in
NYC about nepotism and corruption with Full Mobility is fact not speculation. Instead of
our membership bursting at the seams with skilled members we recruited and trained to
meet any call for jobs we allow Full Mobility,Mike Capelli from New Jersey and the
MIX 20/20 system to send in the UBC workers. Once Local Officers Sowalski, Terry
Middleton and Mike Sahanhan have sent out all there aunts Uncles and Cousins then the
shortage is not filed by a revitalized local it is filled by Full Mobility and a dispatcher in
New Jersey.. Our Local which should be moving forward with increased membership has
again in 2012 lost another 65 members. Rather small numbers compared to NYC but the
results of the mandate are clear. You can also rest assured that when the NYCDCC gets
rid of your court and the RO the NYC Members will be the same victims we are
Another negative aspect of Full Mobility is the potential for abuse by the very
people who created the mandate. The UBC International. As was expected due to
the arrogance and corrupt nature of the UBC they have already provided us
with an example of the potential for abuse if Full Mobility granted in NYC as it was
FORCED on us upstate.. At GlobalFoundres there were three important issues affecting
the membership. One was that Local McCarron appointee Mark Sowalski attempted to
seize control of the site. One was full Mobility and out of state and out of area workers
being brought in while Local UBC members remained unemployed and the last was the
UBC hiring and putting onsite what they called Pre Apprentices and you may know as
Carpenters Helpers. Non-Union workers with no benefits and paid $11 an hour well
under the areas standards the Unions claimed to be fighting for
On Issue one President Mark Sowalski appointed a friend as shop steward who
despite our right to shape or solicit our work in the CBA told employers they could not
hire anybody without Sowalskis approval and him sending them. This was so Sowalski
78
could send out his friends and family and bypass every body else. Any possibility of
accountability or to file an Unfair Labor Practice charge with the NLRB was killed by
Full Mobility. Any possibility for NYC members to hold the UBC accountable with the
NLRB because of the new 9a exclusive hiring hall designation has now been killed by
Full Mobility.
On Issue two the project took 3 Billion NY Tax Dollars and promised local tax payers
jobs and negotiated a PLA under the premise of Local jobs. In fact under Full Mobility it
was the Unions that brought in out of state and out of area workers as a part of their deal
which the contractors paid for.
On Issue three these Non Union workers paid substandard wages with no benefits were
placed on the job site for a German Company Roth Rau BY THE UBC.
To raise awareness to the general Public and to our own UBC Local members we
decided to place an informational sign up at the gate of the site on public property. We
wanted to raise awareness of the Project taking NY Taxpayers dollars and promising local
jobs but bringing in out of state workers .We need to provide information to our own
members who had been lied to and misinformed by the Local UBC Officers and had no
idea of these things going on. After Local Officer Sowalski and Blacklock learned of our
intent they made threats of the dismissal and taking names of any member who even so
much as stopped to get information from us
We received a call from the project manger MW Zander Representative Werner
Greyling for a meeting he advised me that Zander and the UBC Council had a verbal
agreement to exhaust all local hiring halls workers first before manning from out of area
and asked to be given a chance to enforce that agreement. On December 7, 2011 we were
informed that the company would be meeting with the Local Officers to find out why
Local workers were being bypassed the agreement not honored.
From:
"Greyling, Werner" <Werner.Greyling@mwgroup.net>
To:
"Richard Dorrough" <richarddorrough@yahoo.com>
Tuesday, December 7, 2010 8:08 AM
Richard
We are meeting with the carpenter union business agents today.
Will let you know how the outcome
Best regards,
Werner Greyling
FAB 8 Project Manager
M+W U.S., Inc. A Company of the M+W Group
400 Stone Break Rd Ext , Malta , NY, 12020
Direct 518 899 2204, Fax 518 899 0156, Mobile 518 951 4104
79
The next day UBC International Representative Tom Garrison showed up in Malta to
inform MW Zander and Werner Greyling that the company had agreed in the PLA to
abide by the Unions rules and that Full Mobility was part of those rules and that the UBC
must be allowed to bring in workers according to the Full Mobility terms
From:
"Greyling, Werner" <Werner.Greyling@mwgroup.net>
To:
"Richard Dorrough" richarddorrough@yahoo.com
Mr. Dorrough
We had a meeting with Mr. Sowalski and Mr. Blacklock yesterday to discuss the current
work list and allegations made regarding carpenters working on our project. Today we had a visit
from Mr. Garrison of the international office in Washington to reconfirm the discussion we had
yesterday with the local union.
As a third party we do not have any legal grounds to dispute the information they shared
with us and as a party to the PLA we have to uphold our end of the agreement and rely on the
union to enforce their own rules and regulations.
Mr. Sowalski and Mr. Blacklock did however confirm they will be more than happy to meet with
you to go thru the work list for the GLOBALFOUNDRIES project.
I sincerely hope you can meet with them to resolve the issues related to our project.
Best regards,
Werner Greyling
FAB 8 Project Manager
M+ W U.S. , Inc. A Company of the M+W Group
400 Stone Break Rd Ext , Malta , NY, 12020
Direct 518 899 2204, Fax 518 899 0156, Mobile 518 951 4104
Despite taking 3 Billion in NY tax dollars. Despite demanding a PLA on the promise of
jobs for local workers and despite a verbal agreement to hire Local workers the UBC
FORCED MW Zander to accept and allow Full Mobility. It is my true belief that these
actions will jeopardize future PLA negotiations and future attempt to secure NY Tax
Dollars. and for what purpose. What did the UBC get in return for Full Mobility. Which
brings us to what they paid for full Mobility with.
Mr. Murphy has declared in your court that the WCC Association had paid for Full
Mobility which as we can see has nothing to do with mobility and is clearly a 100%
manning ratio. There has been an indication that in return for Full Mobility which your
honor has been erroneously told was unique to NYC and was something the contactors
were demanding, the Association was giving something as payment. The fact is this a
UBC Mandate which the contractor were offered in exchange for some type of payment.
Why would the UBC put such a thing that will have such a devastating effect on its
memberships? Why would the UBC suddenly after the associations and contractors were
forced to chip away at the manning ratio Haight 67/33% just suddenly give into a 100%
manning ratio and call it Full Mobility in a blatant attempt to mask its true identity. Your
80
honor has been told and led to believe it is in exchange for the compliance program. It
has been presented to your court as a quid pro quo deal and the Council is willing to give
a 100% manning ratio (which clearly ONLY benefits the contractors) allegedly
DEMANDED by the contractors in exchange for the compliance program. Only one
problem with that fallacy. The RO and your court have the power to order and install the
compliance program whether the contractors or associations like it or want it. Neither the
RO, your court or the UBC have to give anything in return. Further there is no
compliance program upstate or in any other part of the UBC but NYC. A sweet deal such
as Full Mobility was given throughout the rest of the UBC and not a word about a
compliance program so WHAT did the UBC get paid in return for Full or 100% mobility.
Are they such bad negotiators that they just gave it away for nothing? Are they such bad
negotiators in NYC that they gave it away for the price of a few Ipads. I think not. So
what are they paying for full mobility? I would think your honor would demand a
definitive answer before being asked to give it away. What did the UBC recently get that
they could not force compliance with by either the RO or your honorable court. What did
the UBC recently get that no contractor or association would agree to and has not agreed
to for, in the case of the Wall and Ceiling Association, the life of their relationship with
the UBC and NYCDCC.. In my humble opinion it is 9(a) contracts and voluntary
recognition. Something no good business man or woman in their right mind would agree
and has never agreed to because of the restrictions it places on their business and the
unfair advantage it gives to the Unions. I believe you honor that your court is being asked
to give away a 100% manning ratio in return for contracts that force members to stay
with the UBC and force members to continue to suffer the abuse that is the UBC and
NYCDCC.
Another UBC mandate that is being implemented throughout the entire UBC is a
switch from 8(f) contracts to 9(a) contracts. The UBC is experiencing something else that
is not unique to NYC. A revolt of its membership who are sick and tired of the abusive
nature of the UBC Dictatorship and the financial ruin of the membership by the UBC
hierarchy. You have been made aware of one of them as the Amalgamated group who was
portrayed to your court as a group of mob connected people trying to escape the consent
decree. While they did indeed knowingly involve questionable characters in the
Amalgamated Group I truly believe that the core group involved were just looking for a
democratic Union free of the corruption of the UBC. But of course the questionable
people were put front and center and your honor was never allowed to understand that the
reason the group was formed was due to the UBC and NYCDCC abuses.
What they also kept from you court that they were not alone. There were others who
at the same time as the Amalgamated group were seeking to create new democratic
Unions free of the UBC abuse and corruption. A group in Buffalo, Concerned Carpenters
was started and moving forward and a Group in Albany, Independent Local #1 was
started and moving forward of which I was a part of. We had a pile of authorization cards
to show our support and the mood of the rank and file to escape the dictatorship of the
UBC.We certainly had no mob connections and we certainly were not seeking our
freedom to avoid a consent decree. Both groups had turned to the AFL-CIO for help in
seeking our Freedom under what was called Resolution 70. The same was true for
Amalgamated. The ONLY difference was that Angelo Biscgle sought an affiliation with
the IUPAT something we had no interest in. As we were moving forward we found out
81
that the Resolution 70 initiative had been hijacked by the IUPAT and was nothing more
than a means to wage a vendetta against the UBC and to break the carpentry trade. Once
we discovered this information WE and not the UBC put an end to our efforts.
Despite the misinformation, and in many cases blatant lies, being told the UBC or its
Councils are not responsible for the demise of Amalgamated. Other dock builders who
came out to vote against it put an end to it. In our Local #1 case our core group shut it
down when we found out there was no AFL-CIO support or financing. Resolution 70
was a sham and we were to be the patsy.. Like the UBC these people made the mistake to
believe they were smarter than we were and needed to think for us. If the Resolution 70
Initiative had not been a fraud the UBC would not be dispatching Carpenters in Upstate
NY and there would not be a thing the UBC could do about it.
The point of this is for your honor to understand that this is why the UBC is moving to
all 9(a) contracts and this is were your court comes in. To Force these dissenting
members, who still exist and with the financing and legitimate backing would renew their
efforts tomorrow, to remain in the UBC. The same move was made in Labor by the
IUPAT who after the raiding attempts by the UBC changed to 9a Contracts to stop
anymore representation votes by the UBC. The UBC wants all 9(a) contracts as these new
NYC before you are designated as.
To get the NLRB to recognize the NYCDCC contracts as 9(a) one of two events must
take place. A vote at the NLRB or voluntary recognition by the Associations and
contractors. Voluntary recognition that no association or contractor with any business
sense would give without just reward .So what has the UBC and NYCDCC given as
reward for voluntary Recognition and 9(a) contracts to help the UBC and the NCYDCC
with their member revolt problem. In my opinion a 100% manning ratio or Full Mobility.
To further complicate your decision, and in my opinion may be a reason your honor
cannot approve or sign this contract, is the lack of proof of majority support that the
NYCDCC must show the Associations or contractors before voluntary recognition can be
offered. In the case of the NYCDCC and the UBC this proof is signed authorization cards
which it is being alleged the NYCDCC does not have and the ones they do have signed
were obtained by fraud. Mr. Murphy has been careful to word the contract to say that
Union membership constitutes majority support in an attempt to circumvent the
authorization card proof required by the NLRB.An NLRB case has been filed. In the
same manner which the NYCDCC obtained by lies and extortion signed Blue Card
authorizations the NYCDCC has engaged in a campaign to get members to sign these
authorization cards of which they must have a majority of signed by the membership.
When asked what the authorization cards are for the NYCDCC reps have lied and told
members they are just to update their files. The very same lie told in the Blue Card scam.
Never have they told the member that the card is to be used to prove majority support for
a 9(a) contract. Never have they been told the card is required under NY State law 193b
to allow payroll deductions, which are mandated in this contract. Without these signed
cards FOR EACH AND EVERY member the payroll deductions mandated in the contract
cannot take place. The UBC and Northeast Regional Council are involved in the same
authorization card campaign in upstate New York. When asked by the membership what
the cards are for they repeat almost word for word the same lies told to members in New
York City. These cards are only to update our records and mean nothing. This common
wording and dictated answer came for the same source. It would seem that those who
82
claim the UBC International has no hand in the NYC CBA has lied to and mislead the
court.
In closing you honor I would like thank you for listening to my voice and thoughts
on full mobility. Your and your court are being asked to approve a policy that is
detrimental and damaging to each and every UBC member. Your are asked to approve it
not for the benefit of the UBC member but as in Mr. Murphys own words Payment to
the Association You are being asked to approve a policy which clearly benefits only the
Contractor and it seems in this case the UBCs desire to continue the abuse of its members
while forcing them to stay with the UBC under the yoke of a 9(a) contract. Nobody
believes this is a trade off of members future for the price of a couple of Ipads or a raise
the members should be receiving anyways.. During the right to work fight in Michigan I
heard one statement that rang true. If the Union has such a great deal workers should be
flocking to join and this right to work legislation should not affect the Unions at all. The
fact is the UBC is so bad nobody will sign or join and their membership and market share
is in a free fall. The answer to this by the UBC is not to make the UBC a better deal but
to fall back on their thug Unionism. They are Imposing 9(a) contracts forcing members
and contractors to stay. They have created programs like the Carpenters Reward
Program which your honor should be aware solicits NYC workers to steal workers
personal info and non Union company documents with the intent of extorting the
company into signing with the UBC. They persecute any member or delegate who stands
up or exposes this corrupt nature. They stand outside the work place and threaten,
intimidate, and harass workers calling them rats and scabs. Yet these very same workers
as if touched by some divine entity somehow transform into good quality people IF they
agree to give the Union a cut of their paycheck. The UBC answer in fact is to act in a
manner that emulates the organized crime it claims to removing. I would hope you will
not let your court be a tool for these actions.
I was a UBC member for 24 years. On June 16,2011 I resigned from the UBC
because I would not in good conscience be a part of or finance such an Undemocratic and
corrupt organization. I have paid attention to the NYC UBC members because they have
or had something we in the rest of the UBC never had. Your court,the consent decree and
a trail system free of the UBC Section 52 fraud..Only in NYC was there ever any chance
for the membership to get a tiny amount of justice and to seek the protection of your
court and the RO. Recently you have suffered a major set back by making the members
victims again of Section 52 of the UBC Constitution Trial Procedures or what we who
have been its victims call the UBC Kanagroo Trial system. Your court was asked to allow
those, whom Mr. Walsh himself has labeled unwilling or unable to comply with the
consent decree stipulations, to be given the chance to prove they could operate under
Section 52..In NYC you had a Trial system with Mr. Mack that gave the membership a
semblance of justice and cast a ray of hope for the rest of the UBC only to throw it away
to go back to a system that routinely denies members the right to an attorney, the right to
disclosure and the right to due process. A system that is routinely used to railroad UBC
members. All because the Mack system failed to Get the Harkins I was made a victim
of the Section 52 system as was so many other UBC members.. You can find a wealth of
information in the many cases filed against the UBC and their Councils with the
NLRB,DOL,EBSA and now the Federal District Court system as members become more
83
educated. I would hope that your court will not be used any further as a tool of the UBC
and NYCDCC injustice.
In Solidarity ,
Richard Dorrough
84

Letters To Judge Berman

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Letters To Judge Berman

Caricato da

Copyright:

Formati disponibili

n

Potrebbero piacerti anche