Preliminary Results

(Not counting the 161 "Challenge" Votes)


Position.......Candidate.Votes...%
Vice President..Musumeci...149...3.7%
...............Davenport...328...8.2%
.................DiLacio...498..12.5%
...................Sheil..2923..73.3%
..............(Withheld).........2.3%

President.........Todman...431..10.8%
...............Thomassen..3326..83.4%
..............(Withheld).........5.8%

EST................Forde..3573..89.6%
..............(Withheld)........10.4%

BREAKDOWN BY LOCAL

Local...........Walk-..Mail-.............%
Union.Eligible.....In.....In..Total..Voted
...20 .....659.....73.....27....100..15.2%
...45.....1898....293.....61....354..18.7%
..157.....3746....492.....70....562..15.0%
..608.....6835....912....169...1081..15.8%
..740......359.....90.....38....128..35.7%
..926.....1870....248.....54....302..16.1%
.1456.....1778....393....256....649..36.5%
.1536.....1118....343.....42....385..34.4%
.2090.....1668....134....106....240..14.4%
.2287.....1119.....90.....50....140..12.5%
.2780.....1544.....35.....12.....47...3.0%

Total....22594...3103....885...3988..17.7%

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Quotable

Quotable

“The district council must demonstrate that the union’s efforts to combat corruption have reduced the frequency and scope of corrupt practices to the extent that this court is convinced that the union and its constituent locals can adequately police themselves, without further government involvement and court supervision, At the present time, the District Council has not made that showing.”--Hon. Charles S. Haight Jr. Federal District Judge Manhattan August 11, 2008

“It was disgraceful — thugs took over the meeting, the group yelled insults at Mr. Davenport and threw a roll of toilet paper at him when he was on the stage, while members of the Unity Team Administration did nothing to stop them.” --Local 608 member Eugene Clarke August 8, 2008

"There seems to be a perception that if you give your name when voicing your opinion that there will be some kind of retribution.”--District Council EST Mike Forde Summer 2007

“The assault last week on the dissident union candidate, William Davenport, undermined the union’s assertions of a change in its internal culture.”--Hon. Charles S. Haight Jr. Federal District Judge Manhattan August 8, 2008

"I urge union leaders to ensure that there would be no more beatings at candidates’ forums."--Hon. Charles S. Haight Jr. Federal District Judge Manhattan August 11, 2008

"The employers wanted the ability to hire whom they want and when they want without restriction.”--District Council Attorney Gary Rothman September 15, 2005

"This new job request system is horrible, It's among the worst things that ever happened to us. They can get guys who work for cash. They can get guys to work for less than the regular rate."--Local 608 member Gregory Butler September 15, 2008

“This internal corruption contributed to the long delay in the discovery of Tri-Built's wrongdoing. At the current stage of the investigation, it is impossible to know how many other contractors were able to cheat the District Council and the Benefit Funds with this crude but effective methodology, but I am certain that others exist.”--Independent Investigator Walter Mack June 3, 2005

“If the system remains as it currently is, I believe that it should be explained clearly to the membership so that they do not operate under the misapprehension that the out-of-work list operates to dispatch people on the basis of how long they have been on the list. The union membership deserves to have this information. I regret that I was not permitted to provide it."--Independent Investigator Walter Mack June 3, 2005

“Yes, your Honor, with the associations, it used to be that if an employee was going to be requested, he had to show that he worked for the contractor in the past six months. We took that away and said you could request a carpenter. He didn't have to work for you in the last six months.”--District Council President Pete Thomassen April 12, 2005

Thomassen testifying before judge Haight about the 2001 contract negotiations ,"We enhanced the request system for the contractors of the association, We gave them what they wanted—the unfettered right to request anyone they want from the out-of-work list.”--District Council President Pete Thomassen April 12, 2005

"The average carpenter earn's $100,000 or more per year."--District Council EST Mike Forde Spring 2007

“The membership was kept in the dark, Thomassen sold-out the carpenters in the 2001 contract negotiations. He fails to realize then and now what every carpenter in this union realizes—by changing the contract and allowing the contractor to request the entire workforce he has transformed the out-of-work list from being a major source of job opportunities for carpenters into a graveyard, where carpenters languish on a meaningless out-of-work list .”--Anonymous UBC member on Local157.blogspot June 12, 2008

"The District Council has not made the fundamental shift it needs to make in order to become an effective anti-corruption force: to change the organizational culture to one that insists on integrity and diligently pursues wrongdoers. This is an issue of leadership, plain and simple."--Independent Investigator Walter Mack October 26, 2005

“We gave ice in the winter to the contractors.” --District Council President Pete Thomassen April 12, 2005

“We find that the district court erred in concluding that the District Council was not in contempt. We remand for the entry of the Order of Contempt, and leave to the district court’s discretion the proper remedy.”--Unites States Court Of Appeals February 20, 2007

“The bribery of shop stewards and off-the-books compensation of Carpenter journeymen are made possible because the District Council has allowed the out-of-work list to be rendered meaningless."--Independent Investigator Walter Mack May 2, 2005

"We have the greatest anti-corruption program there ever was.”--District Council EST Mike Forde August, 2003

"The union’s anti-corruption program is nearly worthless.” --Independent Investigator Walter Mack June 3, 2004

"The anti-corruption committee is composed of members of the district council who do not have any formal investigative training or experience; do not have a handbook of investigative procedures or written guidelines and cannot on its own do much more than inquire into allegations of improper conduct."--Independent Investigator William Callahan December 2007

“The anti-corruption committee is also hampered by its limited resources and a lack of training which restricts its effectiveness, it has increasingly relied on my office to establish and take investigative initiatives.”--Independent Investigator William Callahan December 2007

“Massive fraud was able to continue for many years due to the union's “culture of corruption”--Independent Investigator William Callahan December 2007

“Union officers played vital roles in facilitating, enabling, or abetting the employer's frauds, by failing to supervise the job sites”--Hon. Charles S. Haight Jr. Federal District Judge Manhattan August 8, 2008

“The District Council leadership and the Anti-Corruption Committee have yet to develop fully the will, competence and dedicated perseverance to discover and root out wrongdoing on Carpenter job sites.”--Independent Investigator Walter Mack June 3, 2005

"For 1500 hours, at the new 1% formula, YOU WILL GAIN A BENEFIT."--The Unity Team Summer 2006

“This reallocation of $1 per hour from the welfare fund to the Supplemental Pension Fund is seamless to the membership and only a temporary.”--The Unity Team June 2003

“The $1.00 will be put into a "Supplemental Pension Fund" and "the trustees will monitor the funds closely and move the $1 per hour back to the welfare fund should it become necessary."--The Unity Team June 2003

"Callahan's tenure has been marked by incomplete and slow-moving investigations and virtually no new evidence of corruption.''--United States Attorney Manhattan David N. Kelley September 15, 2007

“If a member has corruption to report he should leave his name.” --District Council President Pete Thomassen May 2005

"Union representatives and officials need to understand that they will go to prison if they show no respect for the law or their duties under the Consent Decree.”--Hon. Barbara S. Jones United States District Judge May 8, 2008

“If The Unity Team can't be trusted to tell the truth about the 2001 contract, how in the world can they be trusted the our Benefit funds?--Independent Candidate for Vice President John Musumeci November 3, 2008

"UBC lawyer Brian Quinn, is drafting an answer to the questions and I should have them in a few days."--UBC Eastern District Vice President Frank Spencer April 11, 2008

“We are doing our best to cut administrative cost.”--District Council President Pete Thomassen Spring 2005

“Our pension fund is doing okay and the fund had double digits returns on its investments.”(really then why was the pension benefit cut by 30 percent in July 2006?)--District Council President Pete Thomassen Spring 2005

"The dreaded request letter which has destroyed the 50/50 provision and led to much malpractice in our industry."--Local 608 President Mike Forde December 1999

“If the members want to fight for 50/50 rights on the job, then we have to convince the contractor that all of the members coming from the out-of-work-list are qualified.”--District Council President Pete Thomassen Spring 2006

“Mr. Forde's conduct was dishonorable and revealed his personal contempt for the job-referral system and the union's agreement with the government”--Hon. Charles S. Haight Jr. Federal District Judge Manhattan September 17, 2007

“The fact that District Council auditors are assigned to determine both wage and benefit deficiencies is yet another indication that the purported distinction between the District Council and the Benefit Funds is an artificial one. It has been invoked, I believe, in order to hinder my ability to determine how and to what extent Tri-Built and possibly other contractors were able to avoid detection of their routine CBA violations for such a long time.”--Independent Investigator Walter Mack June 3, 2005

“Time and time again, when District Council representatives were confronted with their failures to detect, investigate or eradicate job site wrongdoing, their explanations were based on assumptions and investigative methods that are shallow, sloppy and ineffectual.”--Independent Investigator Walter Mack June 3, 2005

"The District Council engaged in, at least, willful ignorance of the corrupt conduct by companies like Tri-Built and On Par, which were notorious among Carpenters as "cash" companies, yet were permitted to work corruptly for years."--Independent Investigator Walter Mack October 26, 2005

You're Either a Supporter of
Reform and Members Rights
or You're a Defender of
The Status Quo!


Welcome union brothers and sisters and thanks for stopping by my official John Musumeci for Vice President of The New York City District Council of Carpenters campaign blog.
If you have never participated in a union election before and are fed up with business as usual and tired of the good ol’ boy network, I urge you to join me and elect a Independent Candidate with real rank-and-file values who understands your issues, will fight for your rights, be held accountable and WORK FOR YOU!

As an Independent Candidate for Vice President you will be joining me in an historic campaign as we go up against a very formidable opponent, The Unity Team.

The Unity Team has more money, more lawyers (we have none), more resources and more paid employees in their arsenal ready to use against us.

But you know what…We are going to Win!

You know why? Superior ideas, superior issues and thousands of like minded brothers and sisters like you who are ready for change, fed up with the status quo and unafraid to speak out.

There are of course those who do not want us to speak. I suspect even now, orders are being shouted into telephones, and men armed with virtual clubs will soon be on their way hired to hack into this site in an attempt to silence you.

Why? Because words offer the means to meaning, and for those who will listen, the enunciation of truth.

And the truth is, there is something terribly wrong with this Union, isn't there?

The membership has been deceived, corrupted, mislead and denied fundamental democratic rights. And where once you had the freedom to object, to think and speak as you saw fit, you now have systems coercing your conformity and soliciting your submission.

So if you've seen nothing, if the crimes of The Unity Team as I have outlined below, remain unknown to you, then I would suggest you allow this Election Day to pass unmarked.

But if you see what I see, if you feel as I feel, and if you would seek as I seek, as we spread our message of reform to every member of every local of every background, then I ask you to stand beside me on December 12 and 13, outside the New York City District Council, and together we shall give The Unity Team an Election Day that shall never, ever be forgotten!

Fraternally,

John Musumeci


PS: Help spread the word! Email your friends and co-workers and invite them to visit this site. Explore the links above and below, read my official mail out, campaign speech and check out my videos below. Blogs like this have given union members a voice and the ability to share ideas and make change possible. Check back everyday, comment on the issues and meet with other supporters just like you that are leading the way to an Independent Victory!
Supplemental Pension Fund



Unity Team Jaws




Unity Team Contempt Charge






Blue Card - Truth and Lies





Election Message




Fair Deal - Who Are You




Musumeci Gains National Exposure

***The Choice is Clear!***

If you want change in our union,
if you are tired of the status quo,
if you hope for a better District Council,
then I am asking for your VOTE.


*****ELECT*****

INDEPENDENT CANDIDATE

****JOHN MUSUMECI****

***DISTRICT COUNCIL***

***VICE PRESIDENT***


A Union is only as Strong as its Members!

Dear Brothers and Sisters:

I want to take this opportunity to let you know why your vote in the 2008 District Council election is crucial to both your future and the future of the NYCDC. It is clear from the Unity Team's actions over the past eight years that they have not told the truth about the 2001 contract negotiations and have not represented the best interest of the hard working carpenters who make up the majority of this union.

The Unity Team sold-out the carpenters in the 2001 contract negotiations when they "bargained away" the job referral rules and gave the contractor what they wanted—The unfettered right to "request" anyone they want from the out-of-work list! The Unity Team negotiated this shocking contract change without notifying or seeking the approval of the 15-member negotiating team, the 88-member elected delegate body, the rank-and-file who were expressly opposed to the "contractor request" and the federal government who has oversight supervision.

The Unity Team clearly violated their oath of office and more importantly the trust of the membership they claim to represent. The NYCDC Bylaws plainly state, the "delegate body" has final approval on all contracts. Yet The Unity Team failed to seek consent and failed to disclose this disastrous contract change, to the elected delegates.

The theft of decision-making power from the elected delegate body that is charged with approving all contracts is unconscionable!

This contract change has rendered the 50/50 rule meaningless and has turned the out-of-work list into an absurd paperwork dance, where "non requested" carpenters languish on a phony out-of-work-list!

The Unity Team's violation of office didn't stop with our contracts. They permitted—even after being informed, the exploitation of carpenters by corrupt contractors, which were notoriously known as "cash" companies to defraud our welfare and pension funds out of tens of millions of dollars for years!

In November of 2004 the Unity Team obstructed an investigation of corrupt district council employees who were destroying shop stewards reports for cash payoffs by corrupt contractors in an effort to defraud our benefit funds. Former Independent Investigator, Walter Mack was hindered (and later fired) in his ability to determine how and to what extent these contractors were able to avoid detection of their routine CBA violations for such a long time. To date the full extent of this corruption is unknown!

More recently, on February 20, 2007 after years of costly ligation, The Unity Team was found GUILTY OF CONTEMPT by the United States Court Of Appeals for violating provisions of the Consent Decree when they eviscerated the job referral rules with the 2001 contract change, which has encouraged job site corruption by "cash" contractors!

Even more recently, on August 11, 2008 citing continued corruption, Judge Charles S. Haight Jr. of Federal District Court in Manhattan wrote, The Unity Team "has not demonstrated they can combat corruption and adequately police themselves without further government involvement and court supervision."

The Unity Team has spent millions of YOUR hard earned dollars on lawyer fees, sucking the lifeblood from our treasury defending their corrupt actions. On their watch, council spending soared some 163 percent, from $19 million in '99 to almost $50 million this year! Outrageous, It’s time we march on the council in protest!

To pay for this massive overspending the Unity Team has TRIPLED our assessments and supports plans to take even more of YOUR hard earn money after the election. Of course denying you a membership vote!

The Unity Team has cut YOUR pension benefit by an astounding 26% as they increased their pension benefit!

In 2003 The Unity Team DECEIVED you and took $1 dollar an hour out of YOUR pocket and put it into a creation they call "a supplement pension fund" that has cost you over $11 thousand in lost wages, money that could have been better used to assist your families as you struggle to pay for rising fuel, food and educational expenses!

Carpenters are working harder and producing more. What did we get for it? Sold-out, zero accountability, less jobs, a phony out-of-work list, more corruption, smaller health care and pension benefits, higher council spending, higher council salaries and the BIGGEST DUES INCREASE in the history of the carpenters union!

Clearly, The Unity Team has abused their office with moral failings, corrupt acts and is out of touch with the middle class working membership they claim to represent.

The Unity Team has forgotten who they work for! They are more in touch with the views of the contractor bosses that they cozy up to at lavish golf outings and expensive dinner parties then the views of the hard working brothers and sisters who strap on the tools every day and make up this union.

The Unity Team thinks they can continue to deceive and pull the wool over our eyes because they thought you wouldn't have a choice in this election cycle… They were wrong!

I am proud to say that you now have a choice. As a UBC member for over twenty years and an elected delegate to the District Council for eight years, I have decided to challenge the Unity Team as an Independent Candidate for the office of Vice President of The NYC District Council of Carpenters.

I, of course, will need your help. Your vote for me on December 12th and 13th, 2008 will send a clear and loud message to the Unity Team that this union belongs to the rank-and-file and,—We will not just pay our dues, be fooled into following their empty campaign promises, back-room deals, dishonesty and just SHUT UP!

You will have the opportunity in the 2008 December election to elect an Independent Candidate with real rank-and-file values who will ensure that your issues are in the forefront of the halls of union policies, including real democratic union reforms (see my official blog for details) that offer an opportunity to all.

If you have never participated in a union election before and you are fed up with "business as usual" and tired of the good ol' boy network, I urge you to join my campaign and come out and vote for an Independent Candidate who understands the issues and will fight for your rights, be held accountable and WORK FOR YOU!

Abraham Lincoln said, "You can fool all of the people some of the time, and some of the people all of the time, but you cannot fool all of the people all of the time."

My Fellow UBC members our mission is clear. We are going to take our campaign message of reform to every member of every local of every background. If you want change in our union, if you are tired of the status quo, if you hope for a better District Council, then I am asking for your VOTE.

Come join our cause and help elect an Independent Candidate the next Vice President of the District Council. This time, your vote can and will make a real difference. This time don't allow yourself to be intimidated and fooled again. This time do not reward your vote with leaders who violated your trust.

God bless you, and God bless our Union,


John Musumeci

PS: Visit my Official Interactive blog at nycdistrictcouncil.blogspot.com and join the Internet Brigade. It’s time...We The People, Stand up and Fight, you have the power of the vote, USE IT!

Supplement Pension Fund

Brothers and Sisters the truth is we are really being misled and not being told the truth about our pension fund. We should demand a Full Independent Investigation and a Full Independent Accounting reported to the membership.

In 2003 The Unity Team DECEIVED you and took $1 dollar an hour out of YOUR pocket and put it into a creation they call "a supplement pension fund" that has cost you over $11 thousand dollars in lost wages, money that could have been better used to assist your families as you struggle to pay for rising fuel and food prices!

The supplemental pension fund should be eliminated and either the $1 dollar an hour is credited to the real “pension fund” or returned back to the membership's pocket!

History Lesson 101

In June of 2003, Unity Team President Peter Thomassen addressed the delegate body on the status of our benefit funds. He told the delegates “our welfare fund was doing so well that the trustees have decided beginning July 1, 2003 to reduced the hourly contributions in the welfare fund by $1 per hour and reallocate the $1 per hour into the pension fund."

Thomassen also stated “this reallocation of $1 per hour from the welfare fund to the pension fund is seamless to the membership and only a temporary measure as a way to infuse some extra money into the pension fund to help build up the pension fund assets.”

He also stated that the $1 per hour increase into the pension fund “will not increase the pension fund pay-out to members."

The $1.00 will be put into a "Supplemental Pension Fund" and "the trustees will monitor the funds closely and move the $1 per hour back to the welfare fund should it become necessary."

Fast Forward to July 2004:

The Unity Team now informs the delegate body the welfare fund surplus is all gone (because $1 was taken out in June 2003). The Unity Team recommends putting $1.00 per hour out of a $2.82 per hour carpenter raise received on July 1, 2004 into the welfare fund to increase funding.

It is at that point, what was said to be "temporary and seamless" to the members in 2003 has now become permanent and seamed in 2004!

Remember the Unity Team said in July of 2003, "the $1 per hour welfare fund surplus that was moved out of the welfare fund and into the supplemental pension fund is temporary and seamless to the members, and we will move the $1 per hour back to the welfare fund should it become necessary."

The $1 dollar an hour supplemental pension benefit is now taken out of your pocket with the pay raise on July 1, 2004, and is costing you thousands of dollars per year in lost wages without any pension benefit!

Question: Why wasn't the $1 per hour moved back to the welfare fund "should it become necessary", as was promised in June of 2003?

Fast forward to April 2005:

Unity Team President Peter Thomassen says “that our pension fund is doing okay and the fund had double digits returns on its investments.”

He also said carpenters hours last year total about 16 million and that although the $1.00 per hour in the “supplemental pension fund” helps ($1 x 16M hours = $16M) it’s “really insignificant when you’re talking about a 1 billion dollar fund.”

Question: If the pension fund is doing “OKAY” in 2005, why was the pension benefit CUT 26 PERCENT in 2006?

Question: If the $1.00 per hour in the “supplemental pension fund” is "really insignificant when you’re talking about a 1 billion dollar fund," why is it still in the supplemental pension fund and not returned to the member's pocket, where it belongs?

This is why you cannot trust anything The Unity Team says!

Union Thugs Beat Member for Disagreeing With Party Line

August 5, 2008--Members of the carpenters union in New York City have ruined any chance that authorities there will take their union out of government oversight by beating unconscious William Davenport, a union brother running for District Council Delegate.

After an August 5 Local 608 candidates forum, the candidate was beaten by members of the audience outside a church. Outside a CHURCH!

This thuggery along with continued indictments, convictions and corruption convinced Judge Charles S. Haight, Jr. not to release the union from government oversight.

The assault last week on the dissident union candidate, William Davenport, undermined the union’s assertions of a change in its internal culture. Mr. Davenport, according to several accounts, was heckled when he spoke at the union meeting, which was attended by about 500 members. Despite the presence of two retired police detectives hired to maintain order, a group of men stood up in the front rows and screamed, while members of the Unity Teams Administration did nothing to stop them.

“It was disgraceful — thugs took over the meeting,” said the dissident, Eugene Clarke, a member for 49 years. Mr. Clarke, who did not see the assault, said the group yelled insults at Mr. Davenport and threw a roll of toilet paper at him when he was on the stage.

In any case, the carpenters are outta luck to get control of their union back. Judge Haight cited federal criminal cases brought against the construction contractors On Par, Boom Construction and Tri-Built, which prosecutors said had saved on wages and benefit payments by employing carpenters off the books, with shop stewards often being bribed to turn a blind eye to the practice.

Judge Haight wrote that the shop stewards and other union officials “played vital roles in facilitating, enabling or abetting the employers’ fraud” by failing to supervise job sites or keep track of hours worked.

In the meantime, the corrupt, mob infested, thug populated New York City District Council will stay under the control of government watchdogs. Good thing, too.

This is why you cannot trust anything The Unity Team says!

Judge Continues Oversight of the Carpenters’ Union

Judge Charles S. Haight Jr. of Federal District Court in Manhattan pointed to widespread off-the-books work and the bribery convictions of several shop stewards in ordering the extension in a decision issued on Friday. Under the government’s supervision, Judge Haight and an independent investigator oversee the union.

The union, the New York City District Council of Carpenters, which represents 25,000 carpenters, had asked Judge Haight to end the supervision, saying that the union was no longer under the influence of the Genovese crime family. The union signed a consent decree in 1994 agreeing to court-appointed supervision after federal prosecutors filed a civil racketeering lawsuit alleging that organized crime figures held sway over the union and assigned mob-linked workers to high-paying and no-show jobs at many sites, including the Jacob K. Javits Convention Center.

The carpenters’ request to end supervision was undercut last week when a dissident candidate in a union election was harassed and assaulted at a candidates’ forum that was held in the auditorium of a Catholic school in Manhattan.

According to witnesses and accounts provided to the union’s independent investigator, the candidate was beaten unconscious outside after the meeting on Aug. 5 by a group of men who had been yelling during the forum.

On Monday, in response to the assault, Judge Haight issued a memorandum urging union leaders to ensure that there would be no more beatings at candidates’ forums. He also directed the union and the United States attorney’s office in Manhattan to inform him of the results of a Labor Department investigation into the attack.

Judge Haight rejected the union’s assertion that the standard for ending court-ordered supervision should be whether mob control of the union had ended. The judge, accepting the arguments of the United States attorney’s office, instead concluded that the standard should be whether all forms of corruption and labor racketeering had been eradicated.

Judge Haight cited federal criminal cases brought against the construction contractors On Par, Boom Construction and Tri-Built, which prosecutors said had saved on wages and benefit payments by employing carpenters off the books, with shop stewards often being bribed to turn a blind eye to the practice. The contractors paid far less into the health and pension funds than they were supposed to, prosecutors said.

Judge Haight wrote that the shop stewards and other union officials “played vital roles in facilitating, enabling or abetting the employers’ fraud” by failing to supervise job sites or keep track of hours worked.

The judge also noted that rank-and-file carpenters had reported serious corruption earlier this decade. Investigators later found that out-of-work political supporters of union leaders were frequently allowed to jump the job-referral line and were assigned jobs before many carpenters who had been out of work longer.

In asking that supervision be continued, the United States attorney’s office cited a “culture of corruption that continues to impede efforts to fight that corruption.”

But Judge Haight accused federal prosecutors of “hyperventilation” about the extent of corruption. He wrote that the “outer and visible signs of organized crime influence have been significantly reduced” and that the union officials and Genovese family members involved in corruption in the early 1990s have “departed.”

He said he took the advice of William Callahan, the union’s independent investigator, who said an important test for ending the supervision was that the union “will be able to police itself without court and government supervision.”

Judge Haight concluded that this was not the case. “The record,” he wrote, “makes clear that massive job-site corruption was taking place from the 1990s through 2006.” He also pointed to a recent indictment alleging that the Genovese family had the ability to manipulate the district council, local unions and certain contractors through early 2004.

While praising the union’s reforms, including changes in the job-referral system, the judge wrote, “It is too early to tell whether recent reforms will achieve the purpose of showing whether the union can police itself without supervision.”

He also asked whether the union’s internal culture could change so that rank-and-file carpenters would no longer be scared to speak out about corruption.

“The district council (Unity Team) must demonstrate that the union’s efforts to combat corruption have reduced the frequency and scope of corrupt practices to the extent that this court is convinced that the union and its constituent locals can adequately police themselves, without further government involvement and court supervision,” Judge Haight concluded. “At the present time, the district council has not made that showing.”

The assault last week on the dissident union candidate, William Davenport, undermined the union’s assertions of a change in its internal culture. Mr. Davenport, according to several accounts, was heckled when he spoke at the union meeting, which was attended by about 500 members. Despite the presence of two retired police detectives hired to maintain order, a group of men stood up in the front rows and screamed, according to one longtime union dissident who was there.

“It was disgraceful — thugs took over the meeting,” said the dissident, Eugene Clarke, a member for 49 years. Mr. Clarke, who did not see the assault, said the group yelled insults at Mr. Davenport and threw a roll of toilet paper at him when he was on the stage.

When candidates running on the slate of an incumbent, John Greaney, spoke, the crowd was less raucous, Mr. Clarke said.

In a separate decision issued on Friday, Judge Haight rejected the United States attorney’s request to replace Mr. Callahan as the independent investigator.

The government said that Mr. Callahan had not been aggressive enough in unearthing corruption. But Judge Haight said he was satisfied with Mr. Callahan’s performance saying that Mr. Callahan, like his predecessor, Walter Mack, was working diligently to ferret out job-site corruption.

Judge Haight said corruption had declined, thanks in part to Mr. Callahan and Mr. Mack, but too much remained. For that reason, he chose to extend Mr. Callahan’s term for two years.

In a telephone interview on Tuesday, Mr. Callahan called it “an important decision that reaffirms our credibility.”

Click here to read the full court order.

This is why you cannot trust anything The Unity Team says!

Contractor Sues District Council For $100M

Here it is for your reading pleasure; members have been emailing me requesting that I post the On Par lawsuit. Click here for PDF file.

On Par Contracting has filed a $100 million dollar lawsuit against the NYC District Council of Carpenters on April 2, 2008 alleging among other things that the District Council has allowed its officers to utilize a corrupt scheme whereby preferential treatment was given to certain companies in exchange for secret payoffs and knowingly permitted its officers to participate in a conspiracy to manipulate and corrupt the job referral system.

Job Rules of Carpenters' Union Encourage Corruption, U.S. Charges

By STEVEN GREENHOUSE The New York Times
Published: September 15, 2005

Federal prosecutors have asked a judge to hold New York City's carpenters' union in contempt for changing the union's job referral system without government approval, arguing that the changes will encourage more corruption.

The United States attorney in Manhattan, David N. Kelley, said in a motion that in changing the job referral system, the New York City District Council of Carpenters violated a consent decree it signed in 1994 in response to a federal effort to eliminate corruption. Prosecutors said the union was dominated by the Genovese crime family, and it was widely criticized for letting mob bosses pick carpenters to put up and take down displays at the Jacob K. Javits Convention Center. The consent decree requires the district council, which represents nearly 25,000 carpenters, to obtain federal approval before changing its job referral system.

In court papers made public this week, Mr. Kelley argued that the changes give construction contractors far more leeway to hire whichever carpenters they want, irrespective of length of unemployment. The old system generally required them first to hire the carpenters who had been unemployed the longest.

Prosecutors say corruption will be easier under the new system because contractors will have more power to pressure unemployed carpenters to do their bidding.

"Because contractors can handpick virtually 100 percent of the work force at a job site, carpenters are now beholden to contractors for job opportunities," Mr. Kelley wrote. "Carpenters who are at the mercy of employers for job assignments know that if they stand up for the enforcement of union rules or legal requirements or refuse to work off the books or for cash when asked by a contractor, they run the risk of being laid off."

Many contractors prefer paying workers off the books, he said, to avoid paying fringe benefits and to hide evidence that wages are below those required by the union contract.

Mr. Kelley filed the contempt motion last month with Judge Charles S. Haight Jr. of United States District Court in Manhattan, who oversees the consent decree. The government also wants the district council's president, Peter Thomassen, cited for contempt. The union has until October to file its response.

Gary Rothman, a lawyer for the council, defended the revamped system, saying it was part of a contract, signed in 2001, that is good for the city's carpenters.

"The employers wanted the ability to hire whom they want and when they want without restriction, and the union got a good deal out of it," Mr. Rothman said. "They got a 25¾ percent increase over five years. That was a magnificent contract. The journeyman carpenter makes over $70 an hour with benefits."

Mr. Rothman questioned why prosecutors filed their contempt motion four years after the contract was signed. He defended Mr. Thomassen, saying he was just one member of a 20-person negotiating team.

The United States attorney's office declined to elaborate on the motion.

Many rank-and-file carpenters say the current job referral system is unfair because it has left many of them unemployed for months at a time, while favored carpenters find steady work.

"This new job request system is horrible," said Gregory Butler, a Harlem resident who has been in the union for 13 years. "It's among the worst things that ever happened to us. They can get guys who work for cash. They can get guys to work for less than the regular rate."

Under union rules, companies must hire half of their carpenters from the union's out-of-work list. Before 2001 employers also had the right to give priority to unemployed workers who had worked for them in the previous six months.

But now employers can hire virtually anyone they want off the out-of-work list.

This is why you cannot trust anything The Unity Team says!

Tripled Your Assessment

To pay for their massive overspending The Unity Team has TRIPLED your assessments and supports plans to take even more of YOUR hard earn money after the election. Of course denying you a membership vote!

History Lesson 101:

In 1977 the membership of the New York City District Council VOTED on and passed a referendum which ask for a $0.15 assessment on hours worked to be payable to the District council.

In December of 1988 the membership of the New York City District Council again VOTED on and passed a referendum which ask for the elimination of the $0.15 assessment on hours worked to be replaced with a 1% assessment on hours you have worked.

A mail out was sent to all members explaining the need for the 1% assessment saying "this will allow us to enter the 21st century as a strong, viable District Council dedicated to improving your standard of living."

This 1% assessment served our District Council well for over twelve years and past administrations were fiscally responsible and held their spending budget to the 1% assessment.

As we all know the revenue the council receives from the 1% assessment, increases their budget each time we receive a wage increase or an increase in hours worked for the year.

In June of 2000 after being in office for only six months--The Unity Team called a special call meeting of the Delegate Body to consider a resolution for a proposed "NEW", $0.30 an hour "working dues" payable to the District Council. The new dues would be in addition to the 1% union assessment on hours worked the district council already collects.

The Unity Team DID NOT seek a VOTE of the membership for their proposed “working dues increase” like past administrations. Instead the Unity Team hires expensive smart lawyers to find loop holes with YOUR money to get around any membership VOTE.

The Unity Team always acting in less than honest ways and always denying the membership any democratic rights called this additional assessment a “working dues increase” which allowed them to bypass the membership VOTE and instead call for a delegate body VOTE, which the outcome can be controlled.

At the time of this new dues increase Unity Team President Peter Thomassen said “This is probably the best thing we have ever done as a membership because we are in a booming economy. Most members are working and we are planning for our future.”

Fast Forward to January 1, 2007:

The Unity Team again called a special call meeting of the Delegate Body to consider a resolution for a proposed $0.60 an hour “working dues” payable to the District Council, doubling the $0.30 per hour increase of 2000 that we were told was "planning for our future!"

Again the Unity Team denied any VOTE by the membership instead telling us that this additional dues money will make us "stronger."

On their watch, council spending soared some 163 percent, from $19 million in '99 to over $50 million this year! This is Outrageous and it’s time we march on the council in protest!

In the past eight years the Unity Team has TRIPLED our assessments with NO membership VOTE or ACCOUNTABILITY, this is not the way our council should be governed!

Balancing the budget and acting fiscally responsible with members money went from a core principle of past administrations to lip service of the tax and spend Unity Team. Its time to cut spending across the board and reduce our budget.

We should demand an end to the system by which Assessments and Dues are imposed on members without their review. We endorse the right of members to vote for or against any assessments or dues proposed. Before any such vote, we propose 1. That the full and accurate terms of any assessments or dues be reported to the membership far enough in advance of the vote to permit intelligent review, and 2. That provisions be made for democratic discussion of the proposed Assessments and Dues.

This is why you cannot trust anything The Unity Team says!

Obstructed An Investigation Of Corrupt Council Employees

In November of 2004 The Unity Team obstructed an investigation by former Independent Investigator, Walter Mack (pictured) of corrupt district council employees who were destroying shop stewards reports for cash payoffs by corrupt contractors in an effort to defraud our benefit funds.

Walter Mack was hindered (and later fired) in his ability to determine how and to what extent these contractors were able to avoid detection of their routine CBA violations for such a long time. To date the full extent of this corruption is unknown!

On June 3, 2005 Walter Mack filed a report on Tri-Built Construction, Inc. a corrupt drywall contractor that operated in New York City and Long Island. Because of Walter Mack's investigation Tri-Builts owners were each sentenced to five years in federal prison on July 10, 2008 for conspiring to defraud the Carpenters Union benefit funds of millions of dollars.

Patrick Noel McCaul and James Dermot McGonnel were indicted in December 2006 and pleaded guilty on Nov. 20, 2007.

McCaul and McConnel admitted that from 1993 through May 2004, they conspired to defraud the Carpenters Union and its benefit funds by paying workers cash, at non-union rates, without any benefits or tax withholdings. They also employed non-union carpenters in violation of their agreement with the union. These practices enabled McCaul and McGonnell to underbid jobs, knowing that Tri-Built never intended to comply with its collective bargaining and prevailing wage obligations. To avoid detection of their fraud, the defendants bribed Carpenters Union shop stewards to submit false reports, under-reporting the true number of carpenters and hours worked on several Tri-Built jobsites.

McCaul and McGonnell also paid a then-employee of the Carpenters Union benefit funds to destroy internal union records that might reveal the fraud if an audit of Tri-Built were conducted by the union. They diverted at least $6.5 million from the union benefit funds through their fraudulent conduct.

Below are exerts from the Walter Mack's June 5, 2005 report:

The following report to the Court, my fifth report as Independent Investigator ("II") for the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners ("the District Council"), summarizes the findings to date of my investigation into one contractor’s practice of paying cash, "off the books," to a large number of Carpenters it employed. It is critical to note that the findings discussed in this report are not complete and it is imperative, in my view, that an outside investigator pursue the subjects raised in this report with vigor and without further delay. I am hopeful that my successor can ascertain the full nature and extent of the corruption that permitted Tri-Built Construction, Inc. (“Tri-Built”) to pay many of its Carpenters off the books for years, evading detection despite a cash payment methodology that invited discovery.

Unlike Boom Construction, Inc., which I examined in a report originally submitted on April 15 Tri-Built did not always bribe Carpenter shop stewards in its employ to omit from the shop steward reports the names and/or hours of Carpenters working for the company. Although Tri-Built's owners did bribe at least three shop stewards to keep some Carpenters' names off shop steward reports, they also paid an estimated $150,000 to a person or persons associated with the District Council's Benefit Funds, to arrange for the removal or modification of shop steward reports from District Council files.

This internal corruption contributed to the long delay in the discovery of Tri-Built's wrongdoing. At the current stage of the investigation, it is impossible to know how many other contractors were able to cheat the District Council and the Benefit Funds with this crude but effective methodology, but I am certain that others exist.

Unfortunately, I have been stymied in my attempts to explore how and with whose assistance a corrupt employee would be able to remove shop steward reports from the District Council’s offices.

The union membership deserves to have this information. I regret that I was not permitted to provide it, and I hope that my successor accepts this responsibility.

To read Walter Mack's full Tri-Built Report click here.

This is why you cannot trust anything The Unity Team says!

Spent Millions Of Your Dollars On Lawyer Fees

The Unity Team has spent millions of YOUR hard earned dollars on lawyer fees, sucking the lifeblood from our treasury defending their corrupt action's!

On their watch, council spending soared some 163 percent, from $19 million in '99 to over $50 million this year! Outrageous, It’s time we march on the council in protest!

Its time to stop the madness!

The Unity Team has tripled our assessments over the past eight years, and supports plans to take even more of your hard earn money after the election to pay for their over spending. The District Council must learn to live on a budget just like every member in this union. Spending must be cut across the board and a large share of that revenue returned back to where it belongs-- directly to the membership of this union.

This is why you cannot trust anything The Unity Team says!