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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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.
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.
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