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2010-11-30

Information for Members; NYCDCC Website

To "Frank G. Spencer" via email
CC "Terrence Mooney" via email
CC "Dennis M. Walsh" via email
CC "Walter Mack" via email
CC "John Ballantyne" via email
CC "Torrance, Benjamin (USANYS)" via email
CC "LaMorte, Tara (USANYS)" via email
CC "Zornberg, Lisa (USANYS)" via email
CC "Gibbs, Ryan - OIG" via email


Dear Supervisor Spencer:


Democracy is the most expensive form of government. Democracy is largely enabled by the provisioning of information to and by the people. Dictatorship is the least expensive form of government, at least monetarily. Dictatorship is largely enabled by the withholding of information to and by the people. However, the structure of the UBCJA, in theory, is that of a bottom-up republic, i.e. a representative democracy, but in practice it is more likened to a top-down oligarchy, whereby approximately 2000 'delegates' control the affairs of the nearly 500,000 local union members.

Crime prevention is more prudent than crime punishment/penalty. It takes far less time, materials and money to prevent most crimes than it does to prosecute for them. It is patently obvious, at least to me and many other carpenter union members, that if a person who wishes to steal, take bribes, embezzle, or extort knows that he/she will be noticed, and noticed sooner rather than later, then that person is far less likely to commit a crime or be pressured to participate in a crime.

I know that the provisioning of information may require the expenditure of additional time, materials and money. However, a large majority of the provisioning can be done automatically, such as by computers, but where needed to be done by humans can be done by vetted volunteers. Ultimately, the expenditure of a relatively small amount of resources can reduce the number and severity of large crimes, that have recently been in the tens of millions to hundreds of millions of dollars. Therefore, again, at least to me and many others, it is an obviously prudent expense.

As per the conversation Mr. Mooney and I had on Monday, November 15, 2010, from approximately 8:30 AM to 12:00 PM, during which I stated that much more information should be available to the NYC local union members, at the very least on the NYCDCC website, Mr. Mooney requested that I send to him a list of such informational items. With the creation of this letter, I think it to be more appropriate to direct such a request to you. Therefore, I emphatically request that at least the following information be additionally available via the NYCDCC website and in print upon demand:
  1. 2006 UBC Constitution (and every available previous edition). Updated within 30 days of the issuance of new/amended editions.
  2. Current NYCDCC By-Laws (and every available previous edition). Updated within 30 days of the issuance of new/amended editions.
  3. All the Collective Bargaining Agreements (CBA's). Updated within 30 days of the issuance of new/amended editions.
  4. All the Project Labor Agreements (PLA's). Updated within 30 days of the issuance of a new edition/as amended.
  5. Employee Directory of all NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College and NYC Carpenters Labor Management Trust Fund officers, trustees and employees, with face-photo and stating name, position/title, duties summary and direct contact information for all Officers, Directors, Managers, Agents, and Organizers, inclusive of email address, street address, mobile telephone, and land-line telephone. Updated/revised weekly.
  6. Notice of all NYCDCC employee hirings, dismissals, suspensions, resignations, and retirements answering who, from where, for what, why, and when. Updated/revised at least weekly.
  7. Current NYCDCC Personnel Manual (and every available previous edition). Updated within 30 days of the issuance of new/amended editions.
  8. All Union Charges and Trials, stating parties, dates, outcome, and related entries and exhibits and documents. Updated/revised at least weekly.
  9. All Grievances, stating parties, dates, outcome, and related entries and exhibits and documents. Updated/revised at least weekly.
  10. All Arbitrations, stating parties, dates, outcome, and related entries and exhibits and documents. Updated/revised at least weekly.
  11. All complete federal, NYS, and NYC lawsuit information, inclusive of dockets, entries, and exhibits, involving, by and/or against the NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College, NYC Carpenters Labor Management Fund, affiliated NYC carpenters local unions, and NYC carpenters local union members. Updated/revised at least weekly.
  12. FMI Report.
  13. Murray Hill Survey Results.
  14. All OWL dispatch/referral to contractors reports. Updated/revised at least daily.
  15. All Business Agent/Manager Reports. Updated/revised at least weekly.
  16. All Steward Reports. Updated/revised at least weekly.
  17. Duties/Responsibilities of Business Agents/Managers. Updated within 30 days of the issuance of new/amended editions.
  18. Duties/Responsibilities of Organizers. Updated within 30 days of the issuance of new/amended editions.
  19. Duties/Responsibilities of Delegates. Updated within 30 days of the issuance of new/amended editions.
  20. Duties/Responsibilities of Stewards. Updated within 30 days of the issuance of new/amended editions.
  21. Steward manuals. Updated within 30 days of the issuance of new/amended editions.
  22. Union/Request/Company Ratio Chart. Updated within 30 days of the issuance of new/amended editions.
  23. Reporting of PAC Expenditures. Updated/revised at least weekly.
  24. Reporting of loans to NYCDCC officers and employees. Updated/revised at least weekly.
  25. Reporting of all expenditures charge/credit card expenses by NYCDCC officers, representatives, and employees. Updated/revised at least weekly.
  26. Reporting of repayment of expenses by NYCDCC officers, representatives, and employees. Updated/revised at least weekly.
  27. Reporting of "Disbursements for Official Business". Updated/revised at least weekly.
  28. LM-2/3/4, 10, 15, 16, 20, and 30 reports. Provided/updated within one week of filing.
  29. Companies organized: name, date organized, number of new members. Updated/revised at least weekly.
  30. Work sites/Projects: address, GC, carpenter contractors, zoning, square footage, project cost. Updated/revised at least weekly.
  31. Notification of contractors that are in arrears with wages and or benefit payments and/or on payment plans. Updated/revised at least weekly.
  32. Notification, typically not less than 30 days, of upcoming major functions/events, such as, but not limited to, golf outings, fund raisers, and softball tournaments, holiday parties and the union and company representatives expected to attend.
  33. Notification, within one week, of completed major functions/events, such as, but not limited to, golf outings, fund raisers, softball tournaments, and holiday parties and the union and company representatives that attended.
  34. List of closely affiliated organizations. Updated/revised at least monthly.
  35. Awards and honors bestowed upon members, with name of member, date bestowed. Updated/revised at least monthly.
  36. List of 50-year members. Updated/revise at least monthly.
  37. List of retirees ("in honor"). Updated/revise at least monthly.
  38. List of NYCDCC ("On-the-Tools") pensioners. Updated/revise at least monthly.
  39. List of NYCDCC Officers and Employees pensioners. Updated/revise at least monthly.
  40. List of NYC local union member UBC pensioners. Updated/revise at least monthly.
  41. List of deceased ("in memoriam"). Updated/revise at least monthly.
  42. Instruction/classes, at least online, for: General labor history; UBC History; LMRDA; NLRA; OSHA 1910, 1926, 1904; UCB Constitution; NYCDCC By-Laws; Parliamentary Procedure/Robert's Rules of Order; and more. Updated/revised at least quarterly.
  43. Any and all other information that directly affects the majority of the members, as long as it does not violate any privacy or confidentiality laws. Updated/revise at least monthly.
  44. Notification of any and all starts and endings and payments for services, including but not limited to, spokespersons, attorneys, advertising, and surveys, paid by the NYCDCC, NYCDCC Benefit Funds, NYCDCC Labor Technical College and NYC Carpenters Labor Management Trust Fun, as long as it does not violate any privacy or confidentiality laws. Updated/revised at least weekly.
  45. Have the website design be revised to be more logically organized. (I can provide several design suggestions.)
There are many more points of information I think should be made available to the membership but I feel the aforementioned items listed above are a sufficient start.

I thank you for your time and attention to these matters.


Sincerely,
Daniel J. Franco
LU157, UBCJA

'Blue Card'

To "Frank G. Spencer" via email
CC "John Ballantyne" via email
CC "Dennis M. Walsh" via email


Dear Supervisor Spencer:


With this letter I am requesting that a list of all the NYCDCC, NYCDCC
Benefit Funds, NYCDCC Technical Labor College, NYC Carpenter Labor
Management Trust Fund and NYC carpenter local union current and former
officers, directors, business managers, business agents, organizers
and all other employees that are or were members of the affiliated NYC
local unions since the issuance of the September 2008 Vacation
Assessment Authorization Card, aka "Blue Card", be compiled and send
to me and the many other NYC carpenter local union members that have
also requested such information.

Specifically, did the following persons sign the 'Blue Card'? If so,
were any assessments ever levied upon and collected from the following
persons?
Michael J. Forde, former NYCDCC EST
Peter Thomassen, former NYCDCC President
Denis Sheil, former NYCDCC Vice President
Maurice Leary, former Director of Operations, NYCDCC
Edward McWilliams, Director of Organizing, NYCDCC
Steve McInnis, Political Director, NYCDCC
Audra O'Donovan, Director of Communications, NYCDCC
Martin Daly, Director of the NYCDCC TLC
Scott Danielson, Inspector General/Director of the OWL, NYCDCC
Dan Mazziotta, Director of the NYCCLM
Stuart GraBois, Director of NYCDCC Benefit Funds
Anthony Agridiano
Paul Capurso, Regional Manager
George DiLacio
Danny DeMorato
Lawrence D'Errico, BM, LU157
Ramadan Ibric
Fred Kennedy
Joseph Lauer
Anthony Pugliese
Byron Schuler
Richard Tuccillo
Joe DiNapoli, BM, LU926
Danny Dunbar
John Holt
Sal Zarzana
Chris Wallace, BM, LU20
Eric Anderson
William O'Neill, Jr.
Anthony Rugolo
Sam Bailey, BM, LU1536
John Cavelli
John Greaney, former BM, LU608
Joseph Calciano
John Daly
Martin Devereaux
Joe Firth
Brian Hayes
William Lacey, Civil Service Director
Martin Lydon
Ed Maudsley
Maurice McGrath
Thomas McKeon
Mike Murphy
Jame O'Reilly
Ron Rawald
Frank Schiavone
Elly Spicer
Vincent Taddeo
Joseph Wing
Robert Seeger, BM, LU740
Michael Cavanaugh
John Lesica
Dan Walcott
Charles Harkin, BM, LU1456
Richard Dwyer
John A. Harkin
Michael V. Koballa
Olaf J. Olsen
Gary Shelton
John Thomassen
Louis Rioux
John Early, BM, LU45
Sal Antonucci
James Brennan
Steve Kizis
Carlisle Paul
Paul Pietropaolo
Martin Szabunio
Paul Tyznar, Regional Manager
Joe Ventura, former BM, LU 2090
Walter Clayton
Hermann Foullois
Michael Zemski, former BM, LU2287
Scott Bedford
Jeffery Passante
Tommy Costello
Aaron Gholston
Joseph Geiger
Frank Marino
John Olsen
William Peters
Andres Puerta
Tamara Rivera
Maria Sabater
Maryann June
John Sheehy
Marina Vranich
Bodhwattie Bodha

Thank you for your time and attention to this matter.


Sincerely,
Daniel J. Franco
LU157, UBCJA

NYCDCC By-Laws; UBC Constitution; Union Charges; Fines

From: Daniel J. Franco
Date: Mon, Nov 29, 2010 at 12:01
Subject: NYCDCC By-Laws; UBC Constitution; Union Charges; Fines
To: Walter Mack , "Dennis M. Walsh"


Dear Sirs:


It has recently come to my attention that members of the New York City
carpenter local unions are being brought up on charges for allegedly
violating the By-Laws of the New York City and Vicinity District
Council of Carpenters (NYCDCC) and that verdicts of guilt for NYCDCC
By-Law and UBC Constitution violations, in certain instances, are
being issued in excess of $300 per violation.

First, I question the legality of NYCDCC By-Law violation charges
since the By-Laws of an organization pertain only to its own
organization, its organization's members, and possibly to its
employees. Please be aware that the NYCDCC has no members. It only has
employees. The only carpenter union organizations that have persons as
members are the local unions. Though not often truly operated as such,
local unions are in fact distinct, separate organizations from the
councils. Local unions are affiliated to councils and are not
subordinate divisions. Please do not continue to wrongly apply the
By-Laws of the NYCDCC upon the members of its affiliated local unions.
If any of the NYCDCC By-Laws are desired to be applied upon the
members of the local unions then the local unions each must enact them
as their own local union By-Laws.

Second, I question the legality of fines in excess of three hundred
dollars ($300) since the 2006 UBC Constitution, OFFENSES AND
PENALTIES, Section 51 B states, "Any member charged with violating the
Bylaws and Trade Rules of the locality in which he or she is working
may be charged and tried in accordance with Section 52, and if found
guilty may be fined in an amount *NOT IN EXCESS OF THREE HUNDRED
DOLLARS ($300) by the Local Union, District Council, Regional Council,
or Industrial Council having jurisdiction, except that no Industrial
Local Union or Industrial Council may conduct a trial with respect to
charges filed against a member or impose a fine against a member
unless such member is an officer of a Local Union or Council."
[*Emphasis mine.] This also includes fines wrongfully disguised as
"Working Dues Assessments", such as fines imposed for the
non-compliance of NYCDCC By-Law 21G, which being a By-Law [of] the
NYCDCC does not rightfully apply to persons not of the NYCDCC.

Therefore, I insist that all instances of local union members having
been being fined are reviewed to determine whether those fines 1)
imposed per violation were in excess of the amount stated in the UBC
Constitution and if so the excess amounts are refunded, and 2) were
wrongfully applied to persons not of the NYCDCC and if so the charges
and fines wrongfully applied are retracted and entirely refunded.


Sincerely,
Daniel J. Franco
LU157, UBCJA


----------
From: Dennis Walsh
Date: Mon, Nov 29, 2010 at 14:30
Subject: RE: NYCDCC By-Laws; UBC Constitution; Union Charges; Fines
To: "Daniel J. Franco" , Walter Mack


Daniel:

Should they desire, any individual who is actually facing charges would be
free to pose any such argument.

Regards,
Dennis M. Walsh


----------
From: Walter Mack
Date: Wed, Dec 1, 2010 at 17:31
Subject: FW: Response to Daniel Franco
To: "Daniel J. Franco"
Cc: MackandTCstaff , Scott Danielson , Carla Page , josh[at]fjlassociates.com, srivera[at]nyccarpenter.com, bquinn[at]deconsel.com, acaprara[at]zzfn.com, lindacooper[at]zazzali-law.com, jzazzali[at]zazzali-law.com, Dennis Walsh


Hello, Mr. Franco,

For your information from the Inspector General’s Office. Thank you for your interest in the success of the Trial Committee.

Regards,
Walter Mack
Doar Rieck Kaley & Mack
Astor Building
217 Broadway, 7th Floor
New York, NY 10007-2911
212-619-3730 (Telephone)
212-962-5037 (Facsimile)


-----Original Message-----
From: Scott Danielson [mailto:sdanielson[at]nyccarpenter.com]
Sent: Tuesday, November 30, 2010 1:45 PM
To: Walter Mack; 'Walsh, Dennis'
Cc: 'Brian Quinn'; FRANKSPENCER[at]HOTMAIL.COM; 'Frank Spencer'; 'John Ballantyne'; jballantyne[at]nyccarpenter.com
Subject: Response to Daniel Franco


In response to Mr. Franco’s inquiry, the Inspector General’s Office responds as follows:


First, Mr. Franco states that,


“I question the legality of NYCDCC By-Law violation charges since the By-Laws of an organization pertain only to its own organization, its organization’s members, and possibly to its employees. Please be aware that the NYCDCC has no members. …..Please do not continue to wrongly apply the By-Laws of the NYCDCC upon the members of its affiliated local unions.”


It is not improper for the District Council to process charges against members for violating the Bylaws of the District Council.

Members can be charged with violating the Bylaws. For example, the Bylaws of the District Council, by its terms, e.g. Section 3 “Powers”, provides, in part, that, “ (t)hese By-Laws, Trade Rules, and any other rules, resolutions and directives adopted by the Council shall govern and be binding on each Local Union affiliated with the Council.”

Furthermore, for example, the UBC Constitution provides, in the Obligation, at pp. 50-51, that, “I promise to abide by the Constitution and Laws- and the will of the majority- observe the Bylaws and Trade Rules- established by Local Unions and Councils-affiliated with the United Brotherhood-“. Please see also Section 26F of the UBC Constitution, which provides, in part, that, “A District or Regional Council shall have the power to conduct trials of members or Local Unions within its jurisdiction who have been charged with violating the Constitution and Laws, violating the District Council’s or Regional Council’s jurisdiction,…” Thus, the Inspector General believes the District Council can properly process charges against a member for violating the District Council’s Bylaws.


Second, Mr. Franco contends that fines in excess of $300 are being imposed for violations of the District Council’s Bylaws. However, he provides no specific examples. Fines for violation of District Council Bylaws are imposed according to Section 51B of the UBC Constitution.

Any member that believes that they have been fined in violation of the UBC Constitution can file a timely appeal with the UBC in accordance with Section 53 of the UBC Constitution.


Scott C. Danielson, Inspector General
Office of the Inspector General
NYC District Council of Carpenters
395 Hudson St., 9th Fl
Tel: 212-366-3361
Cell: 917-376-XXXX
Fax: 212-366-7363
Email: sdanielson[at]nyccarpenter.com


----------
From: Daniel J. Franco
Date: Thu, Dec 2, 2010 at 00:08
Subject: Re: FW: Response to Daniel Franco
To: Walter Mack


Dear Mr. Mack,

Thank you for forwarding Danielson's response.

Sincerely,
Daniel J. Franco


----------
To be continued...

2010-11-17

1:08-cr-00828 (USA v. Forde et al)

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-00828-VM All Defendants


Case title: USA v. Forde et al

Date Filed: 09/03/2008

For docket and entries go to http://franco1.info/1-08-cr-00828/1-08-cr-00828.html.
For a list of downloadable entries go to http://franco1.info/1-08-cr-00828/.

2010-11-11

1-10-cv-08120 (Sampson v NYCDCC et al)

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:10-cv-08120-UA


Sampson v. District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America et al
Assigned to: Judge Unassigned
Cause: 29:412 Labor Management Relations Act

Date Filed: 10/26/2010
Jury Demand: Plaintiff
Nature of Suit: 730 Labor: Reporting/Disclosure
Jurisdiction: Federal Question

For docket and entries go to http://franco1.info/1-10-cv-08120/1-10-cv-08120.html.

1-10-cv-03708 (Cavelli et al v NYCDCC et al)


U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:10-cv-03708-BMC


Cavelli et al v. New York City and Vicinity District Council of Carpenters and Joiners of America et al
Assigned to: Judge Brian M. Cogan
Cause: 28:1331 Fed. Question

Date Filed: 08/12/2010
Jury Demand: Plaintiff
Nature of Suit: 791 Labor: E.R.I.S.A.
Jurisdiction: Federal Question

For docket and entries go to http://franco1.info/1-10-cv-03708/1-10-cv-03708.html.