LU608 dissolution/ LU157 merger

From: Daniel J. Franco
Date: Thu, Dec 16, 2010 at 14:08
Subject: LU608 dissolution/ LU157 merger
To: "Torrance, Benjamin (AUSA, SDNY, USDOJ)" , "Dennis M. Walsh"
Cc: "Dennis M. Walsh" , Mark Fitzmaurice , Jack Mitchell , Walter Mack , "LaMorte, Tara (AUSA, SDNY, USDOJ)" , "Zornberg, Lisa R. (AUSA, SDNY, USDOJ)" , "Lanpher, Mark D. (AUSA, SDNY, USDOJ)" , "Gibbs, Ryan (OLRFI-NY, OIG, USDOL)" , "Garcia, Cheryl (OLRFI-NY, OIG, USDOL)"


Dear Sirs:


1) Are you actively questioning and resisting the wrongful LU608
dissolution/ LU157 merger? If not, why not? In particular, are you
seeking to determine:
   a) What the reasons were for the dissolution/merger?
   b) Why McWilliams was required to travel to Las Vegas the very
next day after the election? What service he was performing for the
UBC, NYCDCC or LU608? What organization paid for his travel and
accommodations?
   c) Why the dissolution/merger was enacted just seven days after a
'rank-and-file' member is elected president? Why the local was not put
under supervision or dissolved/merged sooner while the local union was
being operated by former exceptionally questionable presidents?
2) Is there an effort to obtain a court injunction or some type of
stay/reversal against the dissolution/merger?
3) Is there an effort to determine whether there were UBC Constitution
violations?
4) Is there an effort to determine whether there were Consent Decree
violations, e.g. not giving the Government and/or you prior notice?
5) Is there an effort to determine whether there were US
DOL/LMRDA/labor law violations?
6) Is there an effort to determine whether there were RICO violations?
7) If you weren't already, are you now fully aware that McCarron is a
sociopath? Are you aware that he is an egotistical, double-talking,
megalomaniac who has been operating the UBCJA as if he were a
dictatorial CEO whereby his abusive overbearing actions and methods
against the general membership have been destroying our labor union
since at least his inception as General President?
8) Have you obtained Newkirk's report regarding this matter? If so, I
would greatly appreciate if you would forward me a copy.
9) Mr. Walsh, will you be attending the forthcoming LU157 meeting next
Monday, December 20? I and many other members would greatly appreciate
your presence.

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


Sincerely,
Daniel J. Franco
LU157, UBCJA


DJF's Blogspot
http://danieljfranco1.blogspot.com/
To the Dissolution of Local Union 608 - Say NO!, Part 1
http://danieljfranco1.blogspot.com/2010/10/dissolution-of-lu608.html
To the Dissolution of Local Union 608 - Say NO!, Part 2
http://danieljfranco1.blogspot.com/2010/10/dissolution-of-lu608-2.html
To the Dissolution of Local Union 608 - Say NO!, Part 3
http://danieljfranco1.blogspot.com/2010/10/dissolution-of-lu608-3.html

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