Franco Deemed Ineligible on Technicality

I apologize for the delay. However...

After having challenged the NYCDCC Election Committee’s ruling and the Election Monitor's initial ruling, as of last week it was ruled final by the Election Monitor that I have been deemed ineligible as a candidate for the NYCDCC 2008 Election.

The only reason for my ineligibility was that I had not given at least six months notice prior to the upcoming election that I had ceased contracting as is required by UBC Constitution, Section 31D.

UBC Constitution, Section 31D states, “A member cannot hold office or the position of Delegate or a Committee position, or be nominated for office, Delegate or a Committee position, if receiving a pension under the United Brotherhood of Carpenters Pension Plan, or unless present at the time of nomination, except that the member is in the anteroom on authorized business or out on official business, or prevented by accident, sickness, or other substantial reason accepted by the Local Union or Council from being present; nor shall the member be eligible unless working for a livelihood in a classification within the trade autonomy of the United Brotherhood as defined in Section 7 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time officer or representative; provided, further, that members who are life members, apprentices, trainees or probationary employees shall not be eligible. A member must have been twelve (12) consecutive months a member in good standing immediately prior to nomination in the Local Union and a member of the United Brotherhood of Carpenters and Joiners of America for two consecutive years immediately prior to nomination, unless the Local Union has not been in existence the time herein required, and must remain a member in good standing at all times in order to remain in the position to which he is elected or appointed. A member who retires after being elected may complete the term for which elected unless receiving a pension under the United Brotherhood of Carpenters Pension Plan. Contracting members are not eligible to hold office, nor shall a member who has been a contracting member until six months have elapsed following notification by the member to his or her Local Union in writing that he or she has ceased contracting.” [Emphasis is mine] See http://franco1.info/UBCJA/UBC_Con_2006.pdf

As many of you know, I had a company - Franco Woodwork, Inc. It was a legal (on-the-books, insured, and licensed) one-person S-corporation business whereby I fabricated, finished, and installed custom architectural and artisan woodwork, and installed mouldings, directly for homeowners. My shop was/is in my basement and the office was/is in a room on the first floor of my house.

I attempted to unionize my one-person business in (if I remember correctly) 2004. Local Union 2090 Business Manager/Financial Secretary Joe Ventura and Business Agent Hermann Foullois obliged me a visit at my basement. They were very cordial and we had a pleasant conversation. Though I don’t recall at this time them saying directly that they were unwilling to allow me to become a signatory, Joe Ventura did state that my shop “wouldn’t pass an OSHA inspection” and to give them a call when I got another shop, which referred to my “garage”. (I was working upon a 24’ wide by 20’/16’ deep L-shaped detached garage/workshop at the back of my property at that time.) Additionally, I asked the NYCDCC many times about a Residential Agreement to cover the residential one and two family home market. What was eventually produced was the Market Recovery Addendum (http://danieljfranco.info/NYCDCC/CBAADD_2006_NYCDCC_MRA.pdf) to the Independent Building Construction Agreement. However, the MRA was untenable for the work I was doing.

I argued to the NYCDCC Election Committee and the Election Monitor that I should not have been considered a “contractor” since I wasn’t allowed to become a shop agreement signatory and there are no other NYCDCC CBA’s that cover the work I was doing and therefore I wasn’t within the jurisdiction of the UBC. Since you now know that I have been deemed ineligible as a candidate, you therefore know the results of my protests.

I stopped contracting in the spring of 2007. However, I didn’t give notice to my Local Union, Local Union 157, that I stopped contracting as is required by the 2006 UBC Constitution, Section 31D. However, I have since sent my notice in writing to Local Union 157 and verified that it was received.

Initially, I had no intention to run in the NYCDCC 2008 Election until I realized in early September that an opposition slate against the incumbents wasn’t going to occur.

However, I would not have run at all if I didn’t know that I could run the DC better than the incumbent. I would not recklessly risk the livelihoods and retirements of over 26,000 carpenters and employees just for the sake of choice.

Nonetheless, though I am "out", I am not "down". I will continue to do what I can.

What the FAIR DEAL slate did, we did in less than two months.

I’ll be more attentive for, at the very least, the next three years. If I know there will not be better candidates within the year before the next election, I will run again.