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

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...

Proposed Amendment to the 2006 UBCJA Constitution

To All UBCJA Members:


I, Daniel J. Franco, propose an amendment to the 2006 UBCJA Constitution whereby the existing Section 31D is to be replaced with the following:

31D. A member cannot hold office or the position of Delegate or a Committee position, or be nominated for office, Delegate or a Committee position, if receiving a pension under the United Brotherhood of Carpenters Pension Plan, a council pension plan, a local union pension plan, or any pension plan of any organization or body associated with or affiliated to the United Brotherhood of Carpenters and Joiners of America, or unless present at the time of nomination, except that the member is in the anteroom on authorized business or out on official business, or prevented by accident, sickness, or other substantial reason accepted by the Local Union or Council from being present; nor shall the member be eligible unless working for a livelihood in a classification within the trade autonomy of the United Brotherhood as defined in Section 7 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time officer or representative; provided, further, that members who are life members, apprentices, trainees or probationary employees shall not be eligible. A member must have been twelve (12) consecutive months a member in good standing immediately prior to nomination in the Local Union and a member of the United Brotherhood of Carpenters and Joiners of America for two consecutive years immediately prior to nomination, unless the Local Union has not been in existence the time herein required, and must remain a member in good standing at all times in order to remain in the position to which he is elected or appointed. A member who retires, i.e. receiving pension benefits, after being elected may complete the term for which elected. However, if unless receiving a pension under the United Brotherhood of Carpenters Pension Plan the member must relinquish his/her position(s) immediately upon commencement of said pension. Contracting members are not eligible to hold office, nor shall a member who has been a contracting member until six months have elapsed following notification by the member to his or her Local Union in writing that he or she has ceased contracting.


                                                                  Daniel J. Franco
                                                                  Local Union 157, UBCJA
                                                                  May 17, 2010