Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 1 of 6
United States Courthouse
Southern District of New York United States of America, District Council of New York an Vicinity of the United Brotherh Joiners of America, et al, State of New York ) ) .ss County of Queens ) Plaintiff Petition Honorable Ju ge Richard M. Berman d ef Ctlfl'ettters 8ll8 9Q Ci>t': J? Compliance and Full Mo ility SO 1
II u u: DATE FiLED: l/-z.z/t3 I Desi Bravo UBC 44696381, deposes and says that 1) I am a Certified Carpenter Steward with Local Union 157 of the NYC District Council of Carpenters and the United Brotherhood of Carpenters and Joiners of America. 2) I am cognizant of the issues being presented before Honorable Justice Richard M. Berman in regards to the Full Mobility. 3) My view is significant of the aforementioned. It will be detrimental to the rank and file, if the Full Mobility is approved. 4) Most carpenters are dispatched from the out-of-work list (hereinafter owl) unless they are permanently hired by a signatory contractor or have steady work for a period of time. Page 1 of6 Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 2 of 6 This full mobility will inhibit carpenters ability to enhance and continue practice of their carpentry skills. We are currently without contract and working under the old contract with the agreement of the Wall Ceiling and District Council July 1, 2006 June 30, 2011. Now the Wall Ceiling is seeking Full Mobility approval before this court. A new agreement contract dated March 12, 2013 and Docketed to this court on or about March 18,2013, by James Murphy ofSpivaKlipton, LLC Attorneys at Law. 5) The carpenters are the rank and file with required training provided by the Labor School of the District Council of Carpenters and graduate to Journeyman. Carpenters waiting for an unspecified amount of time to go back to work their skills may diminish. Of course a skill not being practiced will diminish within time. If a carpenter is out of work for a period of 1 year waiting on the owl to go back to work, wouldn't that diminish their carpentry skills? Of course it does. A dispatch waiting period increase by the hour. If a carpenter is laid-off for whatever reason, that carpenter will call the owl to insert his or her name to the Job Referral System and a list number shall be given, i.e. (example List Number 4500). Being in that fashion a carpenter would have to wait for duration of 8-12 months prior to be dispatched to a job. It's a lot of time to be out of work. Carpenters do try to shape a job but to no avail. Companies are reluctant to hire a carpenter from the owl. Contractors rather have their own crew on alljobsites without the means of hiring a carpenter from the owl. Page 2 of6 Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 3 of 6 A contractor will not render ample time for the carpenter to unwind their skills on the job. A dispatched carpenter coming off the owl are quite skilled but out of practice because of the length of time waiting to be called. Owl carpenters should be given a chance. If a carpenter has been working with the contractor for a period of time their skills would be up to par. Anyone with steady employment will not undermine the integrity of the company. This is why contractor are seeking Full Mobility. 6) Full Mobility will render a contractor sufficient power to elude to the rules and hire whoever they want and not even utilize the owl for carpenters, yet carpenters exist on the owl waiting to go back to work. The Request System allow contractors to bypass carpenters on the owl to the carpenters they choose that has worked for the contractor in the past whether is under the six-month rule or not. This has become an abusive practice by the contractors under the agreement. Contractors are hiring carpenters not on the owl but off the owl as requested from the owl. This goes back to Judge Haight Consent Degree of2006 CBA when the Request System was created and abused therein, effectuated as Rule S(B) Job Referral Rule. Further in discussion the contractors wanted unfettered right to select 100 percent of the carpenters at a job site. (90-cv-05722-CSH-THK, Memorandum Opinion and Order) Currently the 50/50 Rule stands until remedy of the Full Mobility ascend. At this junction the contractors are still seeking the 100 percent unfettered right to select carpenters who they choose in the Full Mobility assent. (Wall Ceiling Agreement, Article Vll, Section 4(a), 2006-2011) Page 3 of6 Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 4 of 6 7) What would occur to the carpenters on the owl if the Full Mobility is approved? These carpenters will stay without work cannot feed their family, because the contractor will not hire them in permanent status or have them work steady from one job to the next job. Carpenter is then placed on the owl and their skills may weaken because of the period of time it may take to be dispatched back to work. Some of the carpenters will be forced into new careers or the unemployment line. I believe carpenters invested practically their entire life in the industry to be left out due to the Full Mobility and should be allowed continuance employment and given the chance to upgrade their skills and continue working with the company until they retire. Full Mobility should not stand. Compliance is upon fairness of the constituents of every local on the owL 8) If there is a carpenter with insufficient skills then I believe that the foreman on the job should alert the company and union that a carpenter is incompetent. The company and the union should provide an opportunity for the carpenter to upgrade their skills as a requirement for continued employment with the company. (Wall Ceiling Agreement, Article VII, Section 5, 2006-2011) 9) The only personnel to be hired from the owl under the Full Mobility are the Certified Carpenter Steward. The Full Mobility also states that if the job is a two-carpenter job there is no need to have a Certified Shop Steward on that job. Under the new agreement submitted to Judge Berman for approval, on or about March 18, 2013. Page 4 of6 Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 5 of 6 1 0) The contractor may start off a job with two carpenters the first being the foreman and the second a Shop Steward. In Full Mobility contractors want to eliminate the need of a Shop Steward, Two-Carpenter/ No Certified Shop Steward. Certified Shop Steward are trained in all aspect of the construction industry, we are familiar with hazards and corruption on jobsites that we would stop on an instant and enforce union rules upon contractors that may derail. Soon in the future contractors would no longer want to have a Certified Shop Steward on any jobsite will try to revamp the Full Mobility to eliminate Certified Shop Stewards. If we don't put a stop to this Full Mobility issue stewards will also stay without a job and companies will violate all rules and regulations of the labor and employment laws and breach the contract between the company and the District Council of Carpenters. Full Mobility will render contractor associations full power over the District Council of Carpenters. Full Mobility is a good way to start corruption in the system we fought so hard to eradicate. In Conclusion, giving a chance to the system to work is to allow carpenters practice their skills with companies in the construction field. How can we push away carpenters with family not hire them for steady employment, that is a contravention of the laws of this country. We need to look after our Brothers and Sisters in the United Brotherhood of Carpenters. Full Mobility is nothing more than power, greed and money. Page 5 of& Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 6 of 6 I beseech this court to consider all written request not to approve and implement the Full Mobility which will only serve to inhibit carpenters skills and lose an opportunity for full retirement. Dated: March 27, 2013 Yours, etc.
Local Union 157, NYCDCC, UBC Certified Carpenter Steward Page 6 of6