ATTACK ON NYC JOBS AND BENEFIT HOURS APPEALED TO 2ND CIRCUIT

  THE NORTHEAST COUNCIL AND CAPELLIS ATTACK ON NYC JOBS AND BENEFIT HOURS APPEALED TO THE 2ND CIRCUIT COURT OF APPEALS

Using the NLRB Board Rules and regulations found here https://www.nlrb.gov/reports-guidance/rules-regulations Under Section Sec. 101.14 Judicial review of Board decision and order If the respondent does not comply with the Board’s order, or the Board deems it desirable to implement the order with a court judgment, the Board may petition the appropriate Federal court for enforcement. Or, the respondent or any person aggrieved by a final order of the Board may petition the circuit court of appeals to review and set aside the Board’s order. If a petition for review is filed, the respondent or aggrieved person must ensure that the Board  receives, by service upon its Deputy Associate General Counsel of the Appellate Court  Branch, a court -stamped copy of the petition with the date of filing. Upon such review or  enforcement proceedings, the court reviews the record and the Board’s findings and order  and sustains them if they are in accordance with the requirements of law. The court may  enforce, modify, or set aside in whole or in part the Board’s findings and order, or it may  remand the case to the Board for further proceedings as directed by the court. Following  the court’s judgment, either the Government or the private party may petition the  Supreme Court for review upon writ of certiorari. Such applications for review to the  Supreme Court are handled by the Board through the Solicitor General of the United  States Seems odd without Bermans pre approval or notice to Berman they have already passed a new Cement League Contract with the same illegal wording on Feb 17th. Capelli wants NYC jobs and McCarron wants  NYC benefit hours into the Northeast Funds he and Spencer control but is this also an attack on Berman and the consent decree. Why did McGorty do NOTHING    TIMELINE   MAY 2015 Judge Green rules in favor of Capelli AND THE NORTHEAST COUNCIL who was ordered to attack NYC JOBS AND BENEFITS HOURS   FEB 12,2015 NYC DISTRICT COUNCIL AND CEMENT LEAGUE LOSE APPEAL TO WASHINGTON   FEB 17,2016  NYC DELEGATES VOTE 73-L1 TO APPROVE A NEW CEMENT LEAGUE CONTRACT DRAFT WITH EXACT SAME ILLEGAL WORDING AND NLRA VIOLATIONS FEB 19,2016  NYC COUNCIL FILES APPEAL OF  RULING TO 2N CRICUIT OCURT OF APPEALS FEB 24,2016  BERMAN SENT FEB 12,2016 NOTICE OF LOSS TO NLRB IN WASHINGTON AND FEB 19,2016 NOTICE OF APPEAL FILED TO THE 2ND CIRCUIT

SEC OF LABOR TOMAS PEREZ ASKED TO APPEAR IN MIKE MCCARRON CASE

JUDGE SELNA ASKED SECRETARY OF LABOR PEREZ TO APPEAR  AMICUS CURAE IN THE MIKE MCCARRON .PEREZ HAS BEEN ASKED TO ANSWER TWO SIMPLE QUESTIONS

(1) “Does ERISA preempt a claim based on a transaction between two ERISA-regulated parties–the Union and the Training Fund–with respect to rent payments?”

IN REGARDS TO QUESTION 1. SORRY YOUR HONOR  BUT THIS QUESTION CANNOT BE ANSWERED AS ASKED BECAUSE THESE ARE NOT TWO ERISA REGULATED PARTIES. THE TRAINING FUND IS REGULATED BY ERISA (NO MATTER HOW ABSURD THAT FACT IS) BUT THE UNION IS NOT AN ERISA REGULATED PARTY. IT IS AN LMRDA REGULATED PARTY. THE UNION OVERSIGHT IS NOT THE OFFICE OF THE EBSA BUT THE DOL AND ANY VIOLATION OF THE LMRDA WHICH REGULATES IT ARE PURSUED BY AN AGENCY THAT IS NOT THE EBSA. THE JOB OF THE EBSA IS TO ENFORCE ERISA LAW. THE EBSA IS ONLY LEGALLY ALLOWED TO INVOLVE ITSELF IN ENFORCEMENT OF ERISA LAW.. A POINT IT APPEARS SEC BORZI HAS FORGOTTEN

IN REGARDS TO THE SECOND QUESTION 

(2) “Does federal law permit a party who has sustained a judgment for
violation of the LMRDA to seek contribution or indemnity?” THE ANSWER IS YES FOR MULTIPLE REASONS ONE BEING AS LONG AS THE LMRDA WILL NOT BE USED TO DECIDE THE OUTCOME OF THE CASE. SINCE THE TRAINING FUND IS AN ERISA REGULATED PARTY (REGARDLESS OF HOW ABSURD THAT IS) THE ACTIONS OF THE TRAINING FUND BOARD,DIRECTOR AND TRUSTEES ARE REGULATED BY ERISA AND NOT THE LMRDA.

OPPOSING COUNSEL CRAIG SINGER THE UBC ATTORNEY"THAT IN MY OPINION GOT LAUGHED OUT OF THE 9TH CIRCUIT APPEALS COURT" IN THE UBC FAILED RICO CASE  AND "TRIED TO DECLARE UBC MEMBERS SLAVES OF THE UBC" AT WHICH TIME THE APPEALS JUDGE REMINDED MR SINGER OF THE 13TH AMENDMENT

HEARD ON AUDIO HERE http://www.ca9.uscourts.gov/media/view.php?pk_id=0000012731

WENT  BEHIND THE COURTS BACK AND SENT INFORMATION AND DOCUMENTATION TO SEC PEREZ.  IN A BLATANT ATTEMPT TO CIRCUMVENT JUDGE SELNAS COURT AND INFLUENCE SEC PEREZ WITH WHAT APPEARS TO BE BLATANTLY FALSE AND MISLEADING INFORMATION

SINGER TOLD SEC PEREZ 

LIE (1)

"The extensive investigation, which lasted almost three years, addressed the question whether these leases were prohibited transactions under ERISA."

FIRST THERE WAS NO EXTENSIVE INVESTIGATION BUT PER TESTIMONY AT THE 14D TRIAL OF MIKE MCCARRON BY PETER AWYLWARD AND OTHERS  THE TRAINING FUND RECEIVED NOTICE OF AN UPCOMING ROUTINE AUDIT.