3-27-13 Desi Bravo Memo to RMB Document 1287

7/29/2019 3-27-13 Desi Bravo Memo to RMB Document 1287

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Case 1:90-cv-05722-RMB-THK Document 1287 Filed 03/27/13 Page 1 of 6

United States CourthouseSouthern District ofNew York

United States ofAmerica,

District Council ofNew York anVicinity of the United BrotherhJoiners ofAmerica, et al,

State ofNew York )) .ssCounty ofQueens )

PlaintiffPetition Honorable Ju geRichard M. Bermand efCtlfl'ettters 8ll8 9Q Ci>t': ~ J : l l J? ~ ~Compliance and Full Mo ility

SO O R 2 ' m ~ l - ~ 1D a t e : ~ , : ; : ~ . , ~ ~ ~ ~ ~ = = = ~ F = = = = = = = = = = = = ] ]- - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ h a r d

D o l IIu u:DATE FiLED: l/-z.z/t3

I Desi Bravo UBC 44696381, deposes and says that1) I am a Certified Carpenter Steward with Local Union 157 of the NYC District Council of

Carpenters and the United Brotherhood ofCarpenters and Joiners ofAmerica.

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, ifthe Full Mobility is approved.

4) Most carpenters are dispatched from the out-of-work list (hereinafter owl) unless they arepermanently hired by a signatory contractor or have steady work for a period of time.

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This full mobility will inhibit carpenters ability to enhance and continue practice of theircarpentry skills.We are currently without contract and working under the old contract with the agreementof 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 aboutMarch 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 Schoolof the District Council of Carpenters and graduate to Journeyman. Carpenters waiting foran unspecified amount of time to go back to work their skills may diminish. Of course askill not being practiced will diminish within time. If a carpenter is out of work for aperiod of 1 year waiting on the owl to go back to work, wouldn't that diminish theircarpentry skills? Of course it does.A dispatch waiting period increase by the hour. If a carpenter is laid-off for whateverreason, that carpenter will call the owl to insert his or her name to the Job ReferralSystem 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 tobe dispatched to a job. It's a lot of time to be out of work. Carpenters do try to shape ajob but to no avail. Companies are reluctant to hire a carpenter from the owl. Contractorsrather have their own crew on alljobsites without the means of hiring a carpenter fromthe owl.

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A contractor will not render ample time for the carpenter to unwind their skills on the job.A dispatched carpenter coming of f the owl are quite skilled but out of practice because ofthe length of time waiting to be called. Owl carpenters should be given a chance.Ifa carpenter has been working with the contractor for a period of time their skills wouldbe up to par. Anyone with steady employment will not undermine the integrity of thecompany. This is why contractor are seeking Full Mobility.

6) Full Mobility will render a contractor sufficient power to elude to the rules and hirewhoever they want and not even utilize the owl for carpenters, yet carpenters exist on theowl waiting to go back to work. The Request System allow contractors to bypasscarpenters on the owl to the carpenters they choose that has worked for the contractor inthe past whether is under the six-month rule or not. This has become an abusive practiceby the contractors under the agreement. Contractors are hiring carpenters not on the owlbut off the owl as requested from the owl.This goes back to Judge Haight Consent Degree of2006 CBA when the Request Systemwas 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 thecarpenters at a job site. (90-cv-05722-CSH-THK, Memorandum Opinion and Order)Currently the 50/50 Rule stands until remedy of he Full Mobility ascend. At this junction

the contractors are still seeking the 100 percent unfettered right to select carpenters whothey choose in the Full Mobility assent. (Wall Ceiling Agreement, Article Vll, Section4(a), 2006-2011)

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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 nextjob.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. Ibelieve carpenters invested practically their entire life in the industry to be left out due tothe Full Mobility and should be allowed continuance employment and given the chanceto 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 jo bshould alert the company and union that a carpenter is incompetent.The company and the union should provide an opportunity for the carpenter to upgradetheir skills as a requirement for continued employment with the company. (Wall CeilingAgreement, Article VII, Section 5, 2006-2011)

9) The only personnel to be hired from the owl under the Full Mobility are the CertifiedCarpenter Steward. The Full Mobility also states that if the job is a two-carpenter jobthere is no need to have a Certified Shop Steward on that job. Under the new agreementsubmitted to Judge Berman for approval, on or about March 18, 2013.

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10) The contractor may start off a job with two carpenters the first being the foreman and thesecond a Shop Steward. In Full Mobility contractors want to eliminate the need of a ShopSteward, Two-Carpenter/ No Certified Shop Steward.Certified Shop Steward are trained in all aspect of the construction industry, we arefamiliar with hazards and corruption on jobsites that we would stop on an instant andenforce union rules upon contractors that may derail.Soon in the future contractors would no longer want to have a Certified Shop Steward onany 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 andcompanies will violate all rules and regulations of the labor and employment laws andbreach the contract between the company and the District Council of Carpenters.Full Mobility will render contractor associations full power over the District Council ofCarpenters. Full Mobility is a good way to start corruption in the system we fought sohard to eradicate.

In Conclusion, giving a chance to the system to work is to allow carpenterspractice their skills with companies in the construction field.How can we push away carpenters with family not hire them for steady employment, thatis 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.

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W h e r e f o r e ~ I beseech this court to consider all written request not to approve andimplement the Full Mobility which will only serve to inhibit carpenters skills and lose anopportunity for full retirement.

Dated: March 27, 2013

Yours, etc.

D e s ~Local Union 157, NYCDCC, UBCCertified Carpenter Steward

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Documents

3-27-13 Desi Bravo Memo to RMB Document 1287