MIKE MCCARRON CASE MOVES FORWARD.
THE UBC TRIAL SYSTEM ON TRIAL .SECTION 52 AND SECTION 14D
WILL BE JUDGED.
An attempt to get the Mike McCarron case tossed on a technicality
has failed. A federal judge TODAY DECIDED HE WILL hear the counter claim and allegations
against Doug McCarron and his fellow UBC defendants. The Judge struck an early
version of the counter claim and accepted a newer version with more ass to it.
The Judge also declared his intent to allow the Bloom firm to amend if a dismissal
request is filed. anderson decisons3_.pdf
MANDATORY SKILLS FORMS & ONE YEAR "IRREVOCABLE ASSIGNMENT" of:
ReplyDeleteI________________(print name) assign to the __________________(fill in Council) from my earn-ings, a sum equal to the Unions Membership Dues. Assessments, and Initiation Fee (the Union will notify my Employer of the current amount). I authorize & direct my Employer to deduct such sum and to remit the Money to the Union Monthly.
This Assignment is irrevocable for One (1) Year from this date or until Termination of the Labor Agreement, whichever occurs first. This Assignment shall be renewed Automatically, for successive 12-month periods, unless the Union and my Employer receive my written Notice of Termination of this Assignment not more than twenty (20) days and not less than ten (10) days prior to renewal of the Assignment.
This Authorization is effective regardless of my status as a Member, Non-Member, or "Financial Core" payer and applies regardless of any Future Resignation of Membership on my part.
I hereby authorize the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA to act as my collective bargaining agent in dealing with my employer in regards to wages, hours, and other conditions of employment. All previous authorizations made by me are revoked.
Name:_______________________________________Date:__________________________
e: member response to the UBCJA's May 26, 2011 Restructuring Plan dated June 26, 2011; pg. 9 submitted to the Review Officer & Judge Berman (via permission granted during the June 29, 2011 Court Conference; ref. Transcript).
ReplyDeleteThe aforementioned goes to the "Member of" vs. "Affiliated with" ruling from other courts wherein the head of the Mob that Could't Shoot Straight, Don McCarron & Don's Conboy, DeCarlo and Shanley falsely claim that they are a separate entity and that there is no direct or indirect Agency formed by & between the UBCJA International and it subordinate District Councils and Local Unions.
The Skill's Form shown above is a mandatory form which was then & is now currently being used by the Pacific Northwest Regional Council of Carpenters. It is an illegal assignment in perpetuity made directly payable to the United Brotherhood of Carpenters & Joiners of America (the International) wherein the International is the direct agent and whereby it collects monies in perpetuity from a member's paycheck.
Quite obviously the line :This Authorization is effective regardless of my status as a Member, Non-Member, or "Financial Core" payer and applies regardless of any Future Resignation of Membership on my part." is illegal on many fronts in that it voids the members Section 47 right to resign from the UBCJA notwithstanding the fact that it negates, shreds & eviscerates decades of NLRB case law and Appellate Court & U.S. Sup. Ct. landmark and precedent case which have yet to be over-turned via stare decisis.
UNITED BROTHERHOOD of CARPENTERS & JOINERS of AMERICA, INTERNATIONAL
ReplyDeleteSKILL FORM:
Movants note that the SKILL FORM presented in PNWRCC and the newly established Northeast Regional Council of Carpenters (NRCC) encompassing the former Empire Regional Council of Carpenters (ESRCC) for upstate New York and the former New Jersey Regional Council of Carpenters has been intentionally with-held from this Court via non-inclusion in the Proposed NYCDCC Restructuring Plan so as to fraudulently induce the Court to accept the motives and actions of the UBCJA International as pure.
Nothing could be further from the truth. The UBCJA International, acting under the temporary suspension of Local Union and NYCDCC autonomy, seeks to impart said “Skill Form” after the fact, and to issue the order as a fait-accompli and unilateral contract change which, of course is an act of bad faith, fraud and artifice – which by design are to enforce an Individual Contract and execute a waiver of the CBA by individual workers and employees who would otherwise sign such a document under the directed threat of being terminated from their employment. As such, and as the United States Supreme Court noted in Virginia Power & Electric Co. 319 U.S. 533 (1939) under a separate issue, but under the same legal theory – “it is a patent attempt to achieve ends other than those which can be fairly said to effectuate policies of the act”.
pg. 19 cont. -
ReplyDeleteThe UBCJA International Union in seeking an illegal waiver, in an individual contract via fraud, coercion and direct and indirect threats and fear of economic reprisal has established a prima-facie violation of employee Rights. Given under 17 & 18 of the 1:90-cv-5722 Consent Decree, that this Court has exclusive jurisdiction to hear and resolve any and all matters under its terms and conditions; and, further noting the Supreme Courts admonishment in J.I. Case, wherein they stated: “The Board, of course, has no power to adjudicate the validity or effect of such contracts except as to their effect on matters within its jurisdiction. National Licorice Co. v. National Labor Relations Board, supra.”
Movants request that this Court take up this matter sua-sponte upon the facts presented. Movants further note, that the UBCJA, International has expressly violated 29 U.S.C. Sec. 158. The NYCDCC, BTEA & the Wall & Ceiling Contractors Association are engaged in Contract Negotiations for a new Collective Bargaining Agreement; and, said actions are a prima-facie violation of NLRA Section 8(a)(5) and a derivative violation of section 8(a)(1), as both parties are actively colluding to defraud the rank & file and the Court.
pg.19-20 TEXTILE WORKERS 400 U.S. 213 (1972) excerpt;
ReplyDeleteYet when a member lawfully resigns from the union, its power over him ends. We noted in Scofield v. NLRB, [409 U.S. 213, 216] 394 U.S. 423, 429 , that if a union rule "invades or frustrates an overriding policy of the labor laws the rule may not be enforced, even by fine or expulsion, without violating 8 (b) (1)." On the facts, we held that Scofield, where fines were imposed on members by the union, fell within the ambit of Allis-Chalmers. But we drew the line between permissible and impermissible union action against members as follows:
". . . 8 (b) (1) leaves a union free to enforce a properly adopted rule which reflects a legitimate union interest, impairs no policy Congress has imbedded in the labor laws, and is reasonably enforced against union members who are free to leave the union and escape the rule." Id., at
pg. 19-20 cont. - re: Textile Workers 400 U.S. 213 (1972)
ReplyDeleteUnder 7 of the Act the employees have "the right to refrain from any or all" concerted activities relating to collective bargaining or mutual aid and protection, as well as the right to join a union and participate in those concerted activities. We have here no problem of construing a union's constitution or bylaws defining or limiting the circumstances under which a member may resign from the union. 4 We have, therefore, only to apply the law which normally is reflected in our free institutions - the right of the individual to join or to resign from associations, as he sees fit "subject of course to any financial obligations due and owing" the group with which he was associated. Communications Workers v. NLRB, 215 F.2d 835, 838. [409 U.S. 213, 217]
The Scofield case indicates that the power of the union over the member is certainly no greater than the union-member contract. Where a member lawfully resigns from a union and thereafter engages in conduct which the union rule proscribes, the union commits an unfair labor practice when it seeks enforcement of fines for that conduct. That is to say, when there is a lawful dissolution of a union-member relation, the union has no more control over the former member than it has over the man in the street.
Hey Doug - YOUR FAVORITE SONG. love the closing tag lines. sounds just like ya Doug
ReplyDeletehttps://www.youtube.com/watch?v=8KT6RmzRTvw BADBOYS
Get while the getting is good a-sshole. Time to Pension out & resign,stat; as in effective immediately; as in Elvis has left the fcking building.
Note:
1. Quickly get those offshore accounts in order, transfer the funds and scram.
2. Fly commerical, No private flights w/ Ron, Richard or Diane, it may be your last one (when they toss you out over the Pacific). You think they''re going down for you - think again a-sshole!