UBC PULLS BACKDOOR ATTACK ON CONSENT DECREE NLRB RULES FEDERAL JUDGES APPROVAL OF CBAS ILLEGAL AND HAS ORDERED THE FEDERAL JUDGE TO FIX THEM AND THEY ARE NOT BINDING AS THEY ARE.WILL THEY DARE FILE AN APPEAL IN FEDERAL COURT
NORTHEAST COUNCIL GETS NLRB TO ENFORCE 100% MOBILITY IN NYC. NEW YOUR CITY CARPENTERS THE SAME VICTIMS AS THE REST OF THE UBC
As you know Ballantyne is the New est for New Jersey or Northeast Council. The EST of any council does not do a thing unless the District vp it. Capelli is now in Spencer district VP spot. When this case started Spencer was directing Capelli who was still Council EST.
Mike Capelli and Northeast Council vs NYC Council.
The NYC Carpenters are under attack and the consent decree is being chopped away by the back door. GET THE Back door by the UBC. NYC was one of the only places left in the UBC not a victim of 100% mobility. In NYC they had full mobility with a 67/33 matching. The Cement League has permitted employers to select up to one
half of their work force for any given project, but required them, after the hiring of a foreman and a shop steward, to obtain the other half from the NYC Council out-of-work list; this being a nonexclusive referral system which was not limited to members of the affiliated local unions of the NYC Council. The General Counsel and the Charging Party argue that articles VI and VII encourage employees to become members of the NYC Council and to drop their membership in the Northeast Council because those provisions state that when an employer wants to hire employees of its own choosing, the employees that it hires for a New York City project, who are not members of the District Council, must be matched, essentially on a 50-50 basis, from the NYC Council’s job referral list.Other parts included
Article VII, Section 2:
For jobs only requiring one (1) or two (2) employees, the Employer will be
permitted to work without a certified shop steward without a time limitation. Any
employee who is not a member of the District Council will be matched 1:1 from
the District Council’s Job Referral List.
Article VII, Section 5:
Notwithstanding any other provisions of this Agreement, the Employer shall be
permitted to hire any and all Carpenters, except for the Shop Steward and except
as otherwise provided in Article VII, Section 2,
Article VII, Section 5(b):
The arbitrator shall be empowered as a remedy to reinstate the 50:50 hiring ratio
provisions for the duration of this Agreement for any Employer found to have
acted willfully and with the bad intent to violate the staffing and payrolling
requirements of this Agreement. Such a remedy would mean that the individual
Employer would be required to hire at least fifty percent (50%) of Carpenters
from the District Council’s Job Referral List
Article XIX, Section 35:
… if at any time during the term of this Agreement the United States District
Court for the Southern District of New York or any other court of competent
jurisdiction voids the provisions of Article VII, Section 2 and Article VII, Section 5
(i.e., the so-called full mobility hiring provisions), this Agreement shall become a
nullity and the Parties shall return to the terms and conditions under their
collective bargaining agreement that expired on its terms on June 30, 2011.
The consent decree forced anybody wanting to work in NYC to hire a % of NYC Carpenters while the rest of the UBC had forced 100% mobility . With 100% mobility a contractor could bring its entire crew and not hire a single local Carpenter as they have done in Malta NY.
Not only did PCI they bring them in from out of state but they paid them more in direct violation of the CBA. The CBA which said if you pay a carpenter the rate out of his out of state local and it is a higher rate you will pay all UBC Carpenters on the job the higher rate. When we tried to get them to pay per the CBA they refused just as they refused to hire locals workers as they promised to bet a PLA and to get 3 billion in funding and tax breaks for the project. They refused to do this and when the new CBA was negotiated the following year that section was eliminated.
So in NYC UBC members who wanted to work in NYC were faced with the matching agreements passed, illegally I might add by, the Federal Court and consent Judge Berman. So instead the members changed their books to NYC as the constitution allows. Capelli was pissed because the Northeast Council lost 275 members last year. For the past several years, those upstate or suburban carpenters have been transferring their local union membership from locals affiliated with the Northeast Council to locals affiliated with the New York City Council. Capelli and the Northeast Council filed an NLRB charge against his own fellow Union members partnering up with the cement league who the NYC Council had been in battle with for 5 years” "Thursday, October 3, 2013 Carpenters declare strike against Cement League "Wednesday, July 13, 2011 Construction strike postponed 1 week "Tuesday, August 16, 2011Builders will risk strike to cut wages" "Friday, October 4, 2013 The Cement League Strike Is Over! "
Capelli partners up with them to get the NLRB to force 100% mobility on NYC at least in regards to the Cement Leaque CBA. Will he stop there or will he continue to file for all the CBAs and the illegal wording in the new bylaws.
.” The Charging Party is the Northeast Regional Council of Carpenters (the Northeast
Council). This Council is made up of various local carpenter unions and its geographic
jurisdiction covers northern New Jersey, upstate New York and Long Island.”
The new review officer McGorty failed miserably. First he went in like Chicken Little demanding Berman and Walsh were gods and above the law. The NLRB ripped him a new ass. In this case, the Board was not a party to the New York State Court proceedings. Accordingly, we decline to give them a preclusive effect.”” collective-bargaining agreement unduly encourage membership in local unions affiliated with the
NYC Council and tend to unduly discourage membership in the locals affiliated with the
Northeast Council.”” As noted above, there is no indication that these particular
20 provisions of the collective-bargaining agreement that was submitted for review and approval were considered in light of the statutory obligations set forth in the National Labor Relations Act.”
The NYC Council, as the Party in Interest, did file a Brief. But its arguments did not question the illegality of the contract provisions as such. Rather, its defense is that the contract was approved by United States District Court Judge Richard M. Berman in the context of a settlement of a civil RICO.Never did they claim Berman did not break the law which he did and he did so with papers full of challenges and objections
So the NLRB ruled in favor of Capelli No MORE MATCHINg IN NYC at least for this CBA and Berman and Walsh are not gods and cannot break or ignore Federal or state laws.
Then he claimed it was like and oversight but they need NYC Carpenters on the job because they had a vested interest and that they would re[port wrong doings.
In asserting that the Board should defer to the District Court’s approval of the collective bargaining agreement and the provisions in issue here, the NYC Council asserts: The anticorruption benefit of this provision is obvious. The District Council and
the government benefit from having local New York City District Council
members present on any job. If there is any misreporting, underreporting,
“working off the books,” or any other corruption whatsoever on the job, it is
believed that District Council members would have a sound interest in policing
those matters and reporting them. The NLRB answered :
Are you kidding me.. The merits of the argument, depend on acceptance of
the dubious assumption that NYC District Council members are less
corruptible than other carpenters, an assumption which seems to be more
dubious in light of the history of corruption which resulted in the District Court’s
intervention over the administration of the NYC District Council’s collective
bargaining agreements. . . .
Never did they claim Berman did not break the law which he did and he did so with papers full of challenges and objections. We used to have a saying for Walsh and attorney Bridget Jones. “You lie and Ill swear to it.” This was no oversight. This was Berman and Walsh saying F.. you we are the law and we don’t need no stinking badges.
They warned them they MUST take the CBA back to Berman to be fixed and McGorty did nothing. The NLRB asked why he has not done so.. On Friday Feb 12,2016 the NYCDC and the NYC Carpenters lost .McGorty and The Council lost its appeal to Washington. NYC is now a victim like the rest of the UBC and do you think Capelli will stop at this CBA?? First Local 491 to Jersey to shut them up. Next the Metro Philly Council . Then the Albany/Adirondack Pension fund to McCarron and Spencers controlled Empire Pension fund which lost 10.7 million last year and is feeding the First Trade Union )Radius Bancorp $25 million. The only two even considered for the New 2nd VP post were Spencer and Capelli the Jersey Crew. One UBC Council attacked the work and members of another Council. How low will they go.
No comments:
Post a Comment