ORGANIZE to FIGHT to WIN

Frequently Asked Questions

 

Q: Why does Ronnie Sullivan answer the Phone at Local 229 if Local 229 does not exist any more as required by Law. What happens  if I work in the old Local 229 jurisdictional area?? What happened to Local 229? What is the status of their Pension Fund

Fiduciary Responsibility of Officers of Labor Organizations
(29 U.S.C. 501)

SEC. 501. (a) The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, the duty of each such person, taking into account the special problems and functions of a labor organization, to hold its money and property solely for the benefit of the organization and its members and to manage, invest, and expend the same in accordance with its constitution and bylaws and any resolutions of the governing bodies adopted thereunder, to refrain from dealing with such organization as an adverse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by him in whatever capacity in connection with transactions conducted by him or under his direction on behalf of the organization

  A:   COMING:  229 The Rape of A Local

  DOL March 2003 Terminal Report LM 2 for 229 (pdf)

LM2 filed by International for 229. Page 14 gives statement that Local 229 was under put under Trusteeship due to Litigation. The only Litigation I found began July 10,2002 and is filed with Saratoga County Index#2002115 and was filed on July 10,2002 one month after McCarron took over Local 229 in Trusteeship. The letter of trusteeship was dated June 10,2002 and gives the reasons for the action. NONE are litigation. The LM2 also states" The trusteeship is now expired and continued viability was in serious doubt so the Local was dissolved as of December 1,2003" Read it for yourself at the above link. So as you can see Local 229 NO LONGER EXISTS.

Q:Why would the Empire Council have a Executive Board Meeting at Marco Island at a cost of $14,255

A: SEE "Story of the Day"

 

Q: Do our Council Employees Play Golf on our Dime?

A: After seeing the $37,000 donated to the Golf Association one can only wonder when these the times are used. We know not all the money went for tee times. I think. I am speculating that the "Tickets" referred to in the LM2 means Tickets to Events which included Tee times. So when do they use these "Tickets" I was once told that they just buy them and do not use them. That came from Doug Blacklock who I consider to be the only blameless officer of Local 370. Doug has always been honest and what I consider to be on the "Up and Up". His position in the food chain limits his power to do anything but go with the flow and I must say he has never lied to me. His raise was a modest $2000 and the only thing I have seen he has ever taken is a $27 lunch with the accountant which is on his 2004 LM30. That is the only listing for Weir and Shanahan as well. For those of you that don't know a LM 30 is a filing required by the Federal Government for Union Officers if they receive any benefits from their membership in the Union. For instance. On Patrick Morin's LM 30 for 2004 he had to list the fact that his Family benefit was $105,079 because his Spouse Kathleen Morin is Manager of the Pension and Annuity Funds and that is her salary for 2004. Jack Simmons promoted the International Foundation of Employee Benefit Plans to the Council for which he received $10,733 in 2004. The Empire Council in return now sends Council members to conferences with this foundation which we pay for. So in lay mans terms Simmons schilled for them and they gave him ten grand. These are the types of things that must be listed on an LM30. Now we get to Kevin Kicks and Golf.

Kevin Hicks filed an LM30 in 2004. It is listed under Hick instead of Hicks an error which makes a big difference when you are searching for it on the list. Now before we get started lets understand that Oppenheimer Capital was paid $177,000 from our funds accounts in 2004.NWQ Investments was paid $145,000 in 2004.Wright Investors is there as well.  The Association of Wall Ceiling and Carpentry Industries can be found here. You can also take a look the sweetheart collective Bargaining agreement they got with the Empire Council here. But you ask. What do they have top do with Kevin Hicks. Golf. Dinner. Lunch and more Golf. Lets start with Wright Investors. They bought Kevin Hicks rounds of Golf on 5/27/2004(60) and 12/1/2004($210) . Oppenheimer Capital bought Kevin Hicks rounds of Golf on 2/19/04 Golf and Lunch ($118) and 7/19/04 Golf ($63). They also bought him on 2/17/04 Dinner for 2 ($168 ) 1/21/04 Dinner($64) 7/19/04 Dinner ($87) and 12/16/04 Dinner ($280) NWG Investors bought Kevin Hicks 2/16/04 dinner($ 88) 2/17/04 Golf ($80) 6/21/04 Golf ($125) 12/21/04 Golf ($160) 12/22/04 lunch($ 42)Assoc of Wall Ceiling and Carpentry Industries bought Kevin Hicks 1/23/04 Golf ($150) Dinner ($125) 10/2/04 Entertainment ($125)

Now here are the questions. Beyond the obvious questions as to if  it is ethical to take Golf, Dinner and Lunch perks from the companies that receive payments from our funds. Did these "Outings" result in these companies getting our Fund business or were they just thanks to a Trustee on the funds. I wonder if Dykeman or any of the other Trustees got any "Outings". Now lets ask Mr. Hicks if he played these rounds of Golf while we were paying his salary. Look at the dates. Were these his days off. Were these holidays. I don't recognize them. Most important are the rounds of Golf played in January, Febuary and December. Just exactly WHERE was Mr.Hicks during those times to play rounds of Golf in the Winter.

Q: What is the NYS Labor Management Council?

A:  I don't know. Perhaps someone out there can help a brother out with some information. What do we know. We do know that the Empire Council made a donation of $25,000 dollars to them. We know it appears that on Jan.10 they gave $12,000 of the money back. We know that on Kevin Hicks LM 30 he is listed as a Trustee and received a Trustee Stipend of $1500. We know on John Fuchs LM30 he lists them as a Non Profit Organization that works to better Management-Labor Relations for the sake of the worker. We know that their address is a PO Box. It is PO Box 153 Oswego NY 13126. We know Jack Simmons lives in Oswego NY 13126.

     What do we not know. This Council is invisible. At least to my meager talents. I cannot find them listed with the non profits. I cannot find any telephone listings. I cannot find them in the Oswego County land search or Business search. I cannot find a sinlge listing on the internet with the exception of the $25,000 donated by the Empire Council and the $1500 taken by Kevin Hicks in 2004. We did not donate to a PO Box did we??? Can someone out there set me straight.

 

Q: Is the UBC Raiding other trades

A: Yes. Last year we all were told another one of the UBC- Empire Council bullshit stories about how the UBC had done a good deed by helping out a Painters and Tapers Local down in NYC that was going under. We were led to believe that we were HELPING this Local out of a jam by taking over their Local and becoming Carpenter Tapers. Although it was a great bullshit story there were those of us who wondered WHY Carpenters were STEALING the work of our fellow tradesman. For the record we had also decided that McCarron could kiss our ass before we would pick up taping tools and steal work from the tapers. This as it turns out is another one of the typical BOLD FACED LIES. The Officers of our Local and the Empire Council Employees who perpetuated this LIE deserve nothing less than a bitch slap for having the audacity to stand there and lie to our faces. We can only hope than one day the Painters and Tapers who's work they are stealing introduce them to the old concept of Tar and Feathers.

  When Cash McCarron took us out of the AFL-CIO behind our backs he got up on his soap box and started his BS propaganda campaign as to the evils of the AFL-CIO. He claimed that he pulled us out due to the fact that the AFL-CIO was not organizing and not giving the UBC its moneys worth. Despite repeated concessions by the AFL-CIO it was quite clear that old Cash was not going back into the fold. It was awfully nice of McCarron to make that choice on his own with no input from those of us who's money he steals every day. Despite Cash's propaganda there were those who speculated that McCarron had other reasons for the pullout. McCarron's integrity had already been proven when he got caught in the ULLICO fiasco. For those of you that are not aware old Dougy boy got caught doing a little inside trading which resulted in him lining his pockets with about $350,000 from Union Life Insurance Company. When they all got caught McCarron played dumb and gave back the money. If they had out him in jail at the time perhaps he would not have gone on to Rape and Fleece the UBC as he has done. The speculation was that McCarron pulled the Carpenters out of the AFL-CIO to avoid AFL-CIO bylaws which would prevent the UBC from raiding the work of other trades. Article XX prohibits raiding the work of other trades and provides remedy for such offenses. McCarron was also avoiding other bylaws that would have limited his ability to FORCE us into councils. Of course at the time McCarron acted indignant and had little hissy fits because people suspected that he was a crook. His actions since then has proven the speculation correct.

So now lets take a look at Local 52. This Local was chartered by the UBC in March of 2005 with the sole purpose of STEALING work from the Painters and Tapers Locals 1974 and Local 530. The IUPAT issued a statement "We are now forced to adjust our wages down four dollars per hour on 100 percent of our jobs. This is because the UBC has chartered a local with dual jurisdiction in New York. Local 52 is masquerading as a drywall finishing local to circumvent the rightful jurisdiction of the IUPAT.From NLRB case 29RC11238."On March 17, 2005, U.S. District Judge John Gleeson issued a permanent injunction against Local 530, its officers, agents, servants, employees, attorneys and “all others in active concert or participation with any of them,” from asserting jurisdiction over any drywall finishing work in New York City, regardless of whether “skim coating” is requested or performed.  Seven days later, on March 25, 2005, Local 52 (the Petitioner in the instant case) was chartered by the United Brotherhood of Carpenters and Joiners of America.  It is not a member of the Trades Council, and therefore apparently not bound by the New York Plan.  There seems to be no dispute that a number of the contractors who previously had contracts with Local 530 began assigning drywall finishing work to Local 52.  The Employer in this case, Nastasi & Associates, Inc., voluntarily recognized Local 52 on April 28, 2005 (Bd. Ex. 2).  Local 52 now seeks certification from the NLRB. The UBC went out and hired Tapers and Painters and then proceeded to sign contractors. This was no Local that McCarron was giving a helping hand. This was a Local created by the UBC with the sole intent of RAIDING the work of the Tapers and Painters. The UBC naturally ended up before the NLRB and has been spending YOUR hard earned money to finance a campaign of Lawsuits with the sole purpose of STEALING work from your fellow tradesmen. The Tapers and Painters have a message for those in the building trades "Who's Next". The UBC has engaged in raiding on Tapers, Pipefitters, Ironworkers, Bricklayers , Plumbers and others. How much longer will the UBC be allowed to use our money to finance court cases to STEAL work from our Brother Tradesmen. Case at R&J  Case at McKenzie .These are actions filed by the UBC Local 52 to force elections at these companies to install members of Local 52 as tapers and steal the work from Local 1974.If you have any doubt of the UBCs intent on Raiding than have a look at the job description section of the New Jersey Regional Council of Carpenters. It reads:

Tapers
Literally finishing the drywall other carpenters have installed, Carpenter tapers work in commercial and residential construction completing drywall surfaces with the smooth, paintable finish of drywall compound and paper tape.

true artisans, quality tapers minimize callbacks. And being part of the Carpenters' crew, UBC tapers can offer or request a helping hand from fellow members in order to keep the workflow moving ahead. For this and other reasons, and while carpenters have long been the choice of contractors to hang drywall, more and more contractors are now selecting carpenter tapers for finishing drywall.

Lathers

Far from outmoded lath-and-plaster walls, today's lathers (rhymes with "math-ers") use new techniques, tools, plus materials such as wire mesh to create shapes otherwise impossible to build. From curves and decorative details, lathers sculpt the faux landscapes of theme park rides and casinos.

For decades, interior walls used lath-thin, flat wooden strips--nailed to the studs or structural members, onto which a plasterer would smooth the paintable surface.

While the advent of drywall decades ago signaled the end of these solid and soundproof walls, the art of lathing remains alive and perhaps more vital than ever.

Most of the amusement parks in the United States, as well as most commercial buildings with rounded surfaces, decorative columns, and ornate ceilings and walls, have structures built by lathers

      Is there any doubt that the UBC under McCarron plans to steal the work of our fellow tradesmen. Is there any doubt that your LOCAL 370 Union Officials LIED to you about  Local 52 and the intentions of the UBC. When you are called upon by your Union Officials to STEAL the work of your fellow tradesmen will you comply?? Or will you do what is right and ride them off the job site on a rail. The choice is YOURS not theirs.

 

 

 

Q:Are we members of the Empire Council

A:Absolutely not. We are affiliated with but NOT members of the Empire Council. ELAINE L. CHAO, Secretary of Labor has determined the  councils are "Intermediates" which means they are "Between" Locals and the International. Therefore we are NOT members of the Empire Council. The UBC Constitution Section 25B clearly allows for Locals to create and abide by THEIR own bylaws as long as they are not in conflict with International bylaws. The UBC Constitution 26B also allows Councils to write bylaws to govern the Councils and NOT the Locals. Section 26B also states that Council by laws must be approved by the Council Delegates. When questioned by myself on Council delegate approval of the present Council bylaws Council delegate Edward Kartner responded as such. Quote:"There was no vote. We were brought into a room and told what they wanted approved and we approved them" End Quote. I am not sure but I think that might be in violation of the UBC Constitution. Mr. Weir and Mr. Hicks have been LYING  as to our status in the Council. We must be members of the Council to have Council bylaws imposed on our Local body. Mr. Weir and Mr. Hicks know that they have been illegally forcing us to abide by Council bylaws. In her decision to ignore the appeals Judges order to act in favor of Thomas Harrington(Harrington-vs-Chao) Elaine Chao issued her SSR( Supplemental Statement of Reasons). She holds the position that all Locals :" Are governed by their own bylaws and have the right to ratify their contracts." We have been repeatedly denied the right to do either by Mr. Hicks and Mr.Weir. It is our intention to bring suit against the Empire Council based on Mr. Weirs for the record statement at the June 2005 Local 370 Meeting that "We are MEMBERS of the Empire Council". I asked Mr.Weir 3 times to state FOR THE RECORD that we were members of the Empire Council and he complied quite nicely. I again challenge any EMPIRE COUNCIL OFFICER to state on record that we are members of the Empire Council. If they refuse to do so then they concede we are not and therefore NOT subject to Council Bylaws. Now what does Doug McCarron say our relationship is with the Empire Council. In a February 2006 letter to a Brother  Carpenter he states" You are a member of Local 370 and affiliated with the Empire Council. Does it get any clearer than that??

 


Q: Why did Phil Allen get fired?
A:Phil Allen refused to play ball with the council so Fuchs fired him. Phil Allen stood up for his men and would not lay down while his millwrights were moved to Syracuse. When Allen was fired he formed Local 1. Members of the Glens Falls Contractors Association signed with Local 1. The Empire Council sued them and FORCED them to honor an Empire Council contract. It put Phil Allen and the MANY 229 members that went with him out of business. The court states

"On May 7, in the midst of the 2002 negotiations, Fuchs removed Allen as Regional Council representative for Local 229, and ousted him from the negotiations. This was apparently the culmination of a long-standing disagreement between Allen and the Regional Council. Briefly stated, the dispute centered around the Regional Council’s formation of a new local, Local 1163, with jurisdiction over all millwright work. Allen testified that Local 229 had always been a mixed local of carpenters and millwrights, and the creation of Local 1163 would strip Local 229 of its millwright jurisdiction, something he vehemently opposed. "So as you can see Phil Allen went down fighting for the members of Local 229 and not for the OTHER reasons that the Empire Council has tried to BS us with. The real truth is that Phil Allen was fired and Local 229 was taken over in Trusteeship for the allotted 18 months. It was then dissolved as required by Law. This happened BECAUSE an elected Union Official fought for his men and would not play ball. How many other Locals have been a victim of McCarron and the Empire Councils concept of Democratic Brotherhood. Here is the link Builders, Woodworkers & Millwrights, Local 1 (Glen Falls contractors Assoc.);3-CB-7986;448 to the court case.