Unity Team Opposition

oneguy, the following is in response to your 2008-12-07 12:07 PM Cbox post, “When was the last time there was a viable opposition effort. In all practical sense they're running UNOPOSSED. This is what they take to bed.”

As uncertainly as Todman and Davenport are, and I was, to be elected, the Unity Team hasn’t ever had as strong and large of an opposition as we have presented in less than two months. Even though I was deemed ineligible as a candidate for the NYCDCC 2008 Election on a technicality doesn’t mean I have stopped working to address the problems that need to be corrected. I was working for correction before the election and I will continue to work after the election. Running in the NYCDCC 2008 election has allowed us to discover information more quickly and deeply, to show openly and directly that there is discontentment amongst the members, to address many of our union’s issues, and to force corrective action sooner.

The only time we will have a union that works strongly toward the interests of the members is when the members are strongly interested in our union. A few strongly interest members will accomplish only so much change that will last for only for so long. Government or court control or oversight will never achieve a lasting affect without strong member interest. Asking the government or the court to remedy a union ailment is akin to asking our parents to remedy problems amongst our (literal) siblings, even though we are supposedly adults.

We must not be naïve, fearful, or apathetic. The only way we can achieve lasting correction is for us the members to reduce, if not eliminate, naïvety, fear, and apathy. For us to work continuously together to supply to all members plentiful accurate information, to marginalize bullies, to expose criminals, and to inspire rather than penalize members to act. We must work together continuously to create a culture whereby all members want and are enabled to better our union.

Again, though I am “out”, I am not “down” and even though it is the EST who delegates responsibilities to the President and Vice President, the EST alone is incapable of running the NYCDCC. Having Todman and Davenport elected will nevertheless achieve considerable progress toward reviving and strengthening our union and implementing the members’ interests.

Furthermore, when Forde is deemed ineligible to hold his position, so too will Thomassen and Sheil. The contested election should default to the remaining eligible candidates with the most votes. With Todman will become President, being the only remaining candidate for President, along with Davenport being the far most likely to be Vice President. With the EST position vacant, according to UBC Constitution, Section 32B, the President may appoint an EST pro-tem until an election is held to fill the vacancy, which would be December 2011. http://franco1.info/UBCJA/UBC_Con_2006.pdf

VACANCIES IN LOCAL AND COUNCIL OFFICES
Section 32 B When vacancies occur in any elective office of a Local Union, the President of the Local Union may appoint a qualified member to fill the vacancy pro tem, until such time as an election is held to fill the vacancy. When a vacancy occurs in any elective office of a Council, the Executive Secretary-Treasurer of the Council may appoint a qualified member to fill the vacancy pro tem, until such time as an election is held to fill the vacancy. If no Executive Secretary-Treasurer position exists or such position is vacant, the President of the Council may make such pro-tem appointment

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.

FAIR DEAL 2008 Slate Introduction

Hello Fellow Carpenters,

In the upcoming NYCDCC 2008 Election, Daniel J. Franco is running for Executive Secretary-Treasurer, Ulric Todman for President and William Davenport for Vice President. Together, we are the FAIR DEAL 2008 Slate.

What we will do is provide true representation to the membership of the NYC carpenters' local unions by providing honest leadership, greater financial and activities transparency and openness. We will be accountable and responsive to the membership. We will be working for the members as members.

We want to hear from you about your concerns and interests. We want to know how you want our union to be.