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.
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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.
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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 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)
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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 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.
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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.
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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
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