ANATOMY OF A LIE

           THE PHIL NEWKIRK LETTER     

  
   IS THE RUMOR TRUE THAT PHIL NEWKIRK HAS A HOLE IN HIS BACK SO DOUGY CAN MAKE HIM MOVE AND SPEAK..

     WHAT LENGTHS WILL THE UBC GO TO SLANDER AND DISCREDIT A MEMBER IT PERCEIVES TO BE A THREAT
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newkirkdocument_13_.pdf

MIKE MCCARRON HAS JOINED THE RANK OF THE "DERANGED LONERS AND COMMIES". A TERM DOUG MCCARRON HAS GIVEN TO ANYBODY WHO OPPOSES AND/OR EXPOSES HIS AGENDA JUDGE FOR YOURSELF AS WE EXAMINE AND REVEAL THE INFORMATION BEING USED TO RAILROAD YET ANOTHER UBC MEMBER. 



IN APRIL 2013 PHIL NEWKIRK SENT A LETTER OUT TO MEMBERS.IN IT HE BLATANTLY LIED AND DECLARED

 

               “After an extensive investigation that included a review of all the

 evidence, including the transcripts from the Supervision Hearing, and interviews with a number of key UBC individuals”

Some of the DOL's most serious findings against Mike McCarron include that:

Mike McCarron:

(1)spent "over a hundred thousand dollars of undocumented charges on SWRCC credit cards"

(2)"pledged assets worth three million dollars as collateral for SWRCC's employers' lines of credit without providing legal protection of the assets."

(3)"charged the Southwest Training Fund above-market rents" which constituted a "prohibited transaction" under federal law. The amount over-charged exceeded $5,000,000 (five million dollars).

These were serious financial violations.

 The problem as VERIFIED by the very letter Mr Newkirk gave to the court with this letter is that numbers 1-4 are blatant lies. The DOL did NOT find that Mike McCarron did any such thing.

MR. NEWKIRK ALSO LIED IN REGARDS TO MIKE MCCARRONS ACTION FOR AN INJUNCTION .OLD FORKED TONGUED PHIL  STATED 
 "The Federal Court saw the overwhelming evidence of his misconduct and refused to stop the Supervision"

HERE IS A FACT AND NOT A PHIL NEWKIRK LIE (McCarron v. Carpenters, C.D. Cal., 8:13-cv-01559-JVS-AN, complaint H/ed 10/4/ 13) . The request for an Emergency Temporary Restraining Order was denied without any statement of reasons or determination of merit.

  The DOL letter said and I quote “The evidence presented at the hearing and reviewed during ·the Department's investigation establishes that the trusteeship is supported by purposes consistent with the statutory standards,  Meaning that the UBC International and SWRCC trusteeship followed the rules it needed to meet the standards to keep the trusteeship going.

      What the DOL investigation did say was that it did NOT rule on any of the allegations against Mike Mccarron that made up the reasons for seizing the council and removing Mike McCarron in the first place..

Whether or not the original stated reasons for the trusteeship were sufficient to impose the emergency trusteeship, the evidence presented at the hearing provided a sufficient basis for the continuation ·of the trusteeship.

  What the DOL letter really says compared to the Newkirk lies.

(1) Among other things, the hearing found that there. were over a hundred

thousand· dollars of undocumented charges on SWRCC credit cards;

(2) That SWRCC pledged assets worth three million dollars as collateral for SWRCC employers' lines of credit without providing for legal protection of the assets;

(3)That SWRCC Executive Secretary Treasurer  McCarron directed that employers who had failed to make benefit contributions to SWRCC funds be removed from the funds' delinquency list, leaving the funds with no legal recourse to recoup the missed payments.

              Lets break Down Newkirks Lies

Number 1:

Mike

McCarron:

spent "over a hundred thousand dollars of undocumented charges on SWRCC credit

cards"

Actually the DOL findings said no such thing . It said:

Among other things, the hearing found that there. were over a hundred

thousand· dollars of undocumented charges on SWRCC credit cards.

It did not name Mike McCarron AT ALL . It named the entire SWRCC. It said the entire Southwest Regional Council of Carpenters was missing over a hundred thousand in receipts for credit cards. Beyond the actuall wording in the DOL statement we have further proof at Mikes 14D Trial. Notice the DOL report says credit cards as in plural. Mike was not accused of missing receipts for cards as in plural .He was accused for a “card”. As in ONE

                           Mike Draper 14d:

                        “This summarizes the number of Mike McCarron's

                          charges to his Regional Council credit card; is that

                                                           correct?  CARD NOT CARDS

 Number 2:

 Mike McCarron:

"pledged assets worth three million dollars as collateral for SWRCC's employers'lines of credit without providing legal protection of the assets."

Actually the DOL findings said no such thing . It said that:

 the SWRCC pledged assets worth three million dollars. It did NOT name Mike McCarron. AT ALL. But for the sake of the SWRCC Trustees who are responsible and liable by law the Unprotected loans and lines of credit and Loans are common practice and are ongoing . In New York they are part of the Market Recovery Program. On the SWRCC LM2 they are listed as "Work Preservation" payouts.In This program the contractors are given unprotected and non recoverable loans as part of a plan put in place by the UBC International to supplement the difference between a Union companies bid and a non Union companies wages. In California it is called the

Number 3:

Mike

McCarron:

"charged the Southwest Training Fund above-market rents" which constituted a"prohibited transaction" under federal law. The amount over-charged exceeded $5,000,000 (five million dollars).

Actually the DOL findings said no such thing .

IT NOT ONLY NEVER ACCUSED MIKE MCCARRON IT NEVER MENTIONED THESE LEASES AT ALL.

The ONLY SINGLE THING the report accused Mike McCarron of doing was

SWRCC Executive Secretary Treasurer. McCarron directed that employers who had failed to make benefit contributions to SWRCC funds be removed from the funds' delinquency list, If this is true it is STILL THE Trustees who are guilty of these so called “serious financial violations ”NOT MIKE MCCARRON.. Regardless if one trustee or 3 trustees commit an act it is all trustees who are liable under the law of breach of due diligence and breach of fiduciary duty. But have they committed a serious financial violation??

However .Allowing contractors to be taken off the delinquency list is common practice throughout the UBC. Many contractors are right now 5-6 months behind on benefit contributions. Some justified do to poor business situations and some not justified. Regardless it is common practice and therefore not an ERISA violation if the funds allow it to be common place. The EBSA is already on record REFUSING to enforce the collection of members benefits in violation of fund rules and so called requirements for fund trustees to act in the best interest of the fund participants so how can Mike McCarron or any other trustee have committed any violation.

  What we have seen here is Phil Newkirk sending out a letter on April 10,2014 that is blatantly false  in an attempt to discredit and slander Mike McCarron. Mr. Newkirk had a duty to know if what he was saying was true or not and since it is clear Mr Newkirk had the DOL reply dated March 27,2014 Mr Newkirk did willfully slander Mike McCarron and did willfully lie to the membership.He  should be brought up on Internal Union charges to go with his legal problems..

    This is only the start of exposing the Anatomy of Lies that is the Mike McCarron case.