Important InformationFull Text of UBC’s complaint against the BCTD
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 Brothers and Sisters,
We place the highest importance on making sure you are getting the latest news about dispatch, training programs and all opportunities that are available to you. Each week I use this e-letter to tell you about the work our team is doing to grow and expand your work opportunities. But this week, I’d like to talk about the great work our members are doing out in their communities. In Putnam County, NY, several members of Local 279 facilitated the donation of tools and materials from several local businesses, coordinated fund raising activities with other local build trades and spent a year of Saturdays donating thousands of hours of their time to rebuild the steeple of the Whipple-Feely Putnam County Veterans Memorial Chapel. The ringing of the chapel bell housed within its newly completed steeple was the realization of the Whipple Foundation’s dream to preserve a historic structure and create a place to honor local veterans. In Lakehurst, NJ, when a Local 253 member was contacted by a member of our armed services to find a way to construct a memorial at Joint Base McGuire-Dix-Lakehurst, N.J, honoring nine fallen members of the NATO Air Training Command Afghanistan (NATC-A), who were killed on April 27, 2011, she did not hesitate to call on her fellow brothers and sisters. It was not difficult to find members willing and able to donate their time and skills to coordinate the donation of materials and lay the foundation for the Air Advisor’s Memorial. Our members’ strong commitment to upholding Carpenter values runs deep. We go to work every day, building our schools, roadways, police and fire stations, libraries and more. And when the workday ends, our members continue to contribute to the communities in which we live – whether it’s reconstructing a chapel, erecting monuments to fallen soldiers – or by being a volunteer coach or firefighter – our members are involved. That’s union citizenship.
______________________________________ Brothers and Sisters, Tomorrow is April 28th when we observe Workers’ Memorial Day. It’s a day to honor all of the workers who have been injured or lost their lives on the jobsite. It’s also an opportunity for us to renew our commitment to ensuring workplace safety for all of our brothers and sisters throughout the region. In the early 1900s, labor unions pushed strongly for worker safety protections; many of these gains were made in the railroad, mining, and manufacturing industries. In 1910, New York became the first state to pass laws which automatically compensated workers at a fixed rate for job related injuries. By 1921, forty three other states had followed suit. In 1970, Congress passed the Occupational Safety and Health Act which provided protections from hazardous materials and guaranteed safe conditions for workers. The creation of the Occupational Safety and Health Administration (OHSA) soon followed to enforce the legislation. Even with strong legislation and enforcement, job safety is something we can never take for granted. Every year, over 4,500 workers are killed on the jobsite. Economic factors continue play a part in work related injuries; as budgets get tighter, safety rules can often fall by the wayside. Your union understands that it’s more important than ever to remain vigilant in our efforts to uphold worker safety conditions. As a part of that commitment we offer all OSHA certification training courses at our training centers. As our industry changes, we will make sure our safety rules change with it. This union was formed to bring carpenters together for mutual aid and protection. I can think of no more fitting way to honor those fallen workers than to continue to fight for stronger job safety protections.
Fraternally, Mike Capelli, EST ______________________________________ Brothers and Sisters, At the last meeting of my home Local 255, Brother John Robinson read an open letter to our fellow members. He spoke passionately about how being a union carpenter has made him the person he is today, how the changes we’ve all experienced have affected him personally, and the importance of standing together in solidarity. John’s letter reminded me that we all have the same goals; we want to perform an honest day’s work; and we want to provide for our families now and in the future. I was sincerely moved by his words and it brought me back to the reasons why I joined this union. I wanted to share his message with you, so rather than speaking on his behalf, I’ll let Brother Robinson speak for himself. Fraternally, Mike Capelli, EST Please click on the link below to read the letter: Carpenters Claim BCTD, Labor Officials Are Waging ‘Unlawful Extortionate Campaign’ By Elliott T. Dube The AFL-CIO’s Building & Construction Trades Department, its president, and four other high-profile labor officials have violated the Racketeer Influenced and Corrupt Organizations Act and Washington state law by engaging in an “unlawful extortionate campaign” to force the Carpenters and Joiners of America to make monthly payments to BCTD and to be governed by its rules, according to a complaint filed Feb. 21 in a federal district court in Washington state (Carpenters and Joiners of Am. v. Building and Constr. Trades Dep’t, E.D. Wash., No. 12-109, 2/21/12). The 246-page complaint was brought by the Carpenters, a number of its affiliated councils, and 19 individual plaintiffs in U.S. District Court for the Eastern District of Washington. In addition to BCTD and its President Mark Ayers, the plaintiffs are suing: Ed Hill, president of the International Brotherhood of Electrical Workers; Jimmy Williams, president of the Painters and Allied Trades; Ron Ault, president of the Metal Trades Department; and David Molnaa, president of the Hanford Atomic Metal Trades Council. The defendants have been conspiring to carry out a “campaign of intimidation, threats, violence and other unlawful extortionate conduct” to compel the Carpenters’ entry into multiple “involuntary agreements,” according to the complaint. Specifically, it alleges, the defendants have been trying to extort the Carpenters to make monthly payments to BCTD in perpetuity, to let BCTD exercise the Carpenters’ rights to recruit, accept, and train dues-paying members, to enter into BCTD-negotiated project and other agreements, to be bound to BCTD’s Plan for the Settlement of Jurisdictional Disputes, and to allow BCTD to control the Carpenters’ political activity, among other things. “The Carpenters are not part of the BCTD, they do not want to pay and continue paying the BCTD and Councils their bloated monthly payments in perpetuity for anti-competitive services, rules, regulations and membership restrictions unrequested, unwanted, and unnecessary, and they do not want to give over to the BCTD Defendants their dues-paying members as chattels or to surrender an interest in or control over the Carpenters,” the complaint states. Suit Says Campaign Has Been Ongoing Since 2008 The defendants and various “co-conspirators” began a nationwide “Push-Back-Carpenters Campaign” in October 2008, according to the complaint. It alleges that the campaign has included the vandalizing of property used by members of Carpenters Local 57 in St. Louis, “veiled death threats” against a Carpenters officer in St. Louis, the successful pressuring of the Metal Trades Department to kick out the Carpenters, the stealing of confidential Carpenters membership information, and “violence and vandalism” in Seattle. Additionally, at the September 2009 AFL-CIO convention, a resolution was passed that “authorized the BCTD Defendants to charter Carpenters unions should their extortionate conspiracy be unsuccessful,” the complaint asserts (55 CLR 953, 9/24/09). The campaign was announced publicly at a June 2010 rally in St. Louis, at which the BCTD defendants made a “formal declaration of war” against the Carpenters, the complaint alleges. It says those defendants also established a formal committee to do “whatever it takes” to get the Carpenters to submit to BCTD control (56 CLR 781, 8/26/10). Complaint Includes Nine Claims for Relief The complaint’s RICO claims charge each defendant with violating 18 U.S.C. § 1962(d) by conspiring to breach Section 1962(a), which makes it unlawful for any person to use income derived from a “pattern of racketeering activity” to acquire any interest in a covered enterprise, and Section 1962(b), which prohibits the acquisition of control of the Carpenters through a pattern of racketeering activity. The complaint also alleges violations of two analogous sections of the Revised Code of Washington. The five individual defendants each have violated and have conspired to violate 18 U.S.C. § 1962(c), which bars a person from using a pattern of racketeering activity to conduct a covered enterprise’s affairs, according to the complaint. The complaint also accuses Ault, Hill, Williams, and Molnaa with violating Section 411 of the Labor-Management Reporting and Disclosure Act by revoking the plaintiffs’ participation in the Metal Trades Department without providing the plaintiffs with required due process rights, taking adverse actions against the plaintiffs that were not taken against any other similarly situated members, and keeping the plaintiffs from attending department meetings. The complaint requests punitive damages and declaratory and equitable relief. Additionally, the plaintiffs seek injunctive relief enjoining the defendants from carrying out “any further extortionate conduct.” The complaint also requests court orders for the “dissolution of the BCTD enterprise and/or a reorganization of the BCTD prohibiting the BCTD Defendants and any co-conspirators” from having any control over the BCTD or the Metal Trades Department, for the restoration of all the plaintiffs’ rights and privileges as Metal Trades Department members, and for the defendants to “disgorge all ill-gotten income and gains received from their unlawful extortionate campaign and conspiracy.” The attorney for the Carpenters and a BCTD spokesman were unavailable for comment. ___________________State of the Union Address Highlights the Construction IndustryOn Tuesday night, President Obama gave his annual State of the Union address. Every year, we look to this address as a way to make sure our elected officials have working people in their hearts and minds as they tackle the business of governing. No matter what party you belong to, or what your thoughts are on individual issues, the President presented many ideas that highlight the construction industry as a cornerstone to economic growth and prosperity. We are already working towards many of the ideas put forth in the address in our own region. We’re creating opportunities in domestic energy production: natural gas exploration, wind power, and solar energy – all emerging industries where Carpenters are at the forefront of developing new skills and training. And we’re calling attention to much needed regional infrastructure improvements by educating community leaders and elected officials, and creating new opportunities through public-private partnerships. We want to see more incentives for business to build new facilities and make improvements to existing structures. There never has been a better time to build. And all of the construction programs mentioned have the potential to put our members to work. By leveraging the strength and skills of 30,000 members throughout our region, this Council will capitalize on new opportunities set forth in the address ____________________NLRB NewsYou may remember that several years ago, we were responsible for supplying evidence to the courts to bring a class action suit against national homebuilder DR Horton, for flagrant prevailing wages violations and exploiting workers’ rights. The evidence presented was the culmination of a 2 year investigation conducted by our Council Representatives. The litigation process is lengthy and some defendants hope that the individual plaintiffs will run out of resources and simply settle –class action levels the playing field between large corporation with unlimited resources and individuals. We were pleased to see that the NLRB recently made a decision to uphold workers’ rights and rule against DR Horton in their attempt to have all class action suits against them dismissed. The NLRB ruled that DR Horton violated section 7 of the NLRA by attempting to limit individual’s right to litigate collectively. Please follow this link to read the article that speaks to this issue: This Council is proud to have laid the foundation with our class action suit. This decision ensures our case against DR Horton will continue through the court system. It’s through hard work and a strong commitment to Carpenter values, that we can shed light on bad labor practices that pervade our industry throughout our region.
Continuing Assault on Unions
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