Piecework Allowed ! Union Denies All !

December 10, 2009


Hello Carpenter Union members and anyone else. As I said, I would try to post something new each week along with the supporting documents to show everyone this is not just my story, but actual FACTS.

To start, we have to go back to 1998 and before. Remember when all you had to do to become a journeyman carpenter in the union was to pay $500.00 to the local B.A.? This practice had been going on forever. Nobody ever really cared or said anything because it didn’t matter, especially to the specialty trades; roofing, siding, drywall, insulation and overhead doors. It didn’t matter because all of these trades and more were paying piecework. The union apparently knew about this and allowed it to happen, the reason WHY the union allowed all of us to violate the written contract was never shared with us.

I believe the reason they allowed piece work was that it gave the UNION the perfect opportunity to EXTORT from us as contractors. I would, as many other signatory contractors, get audited by the union. I always had an amount that the UNION claimed was due, through the TRUST FUNDS. This amount due, they said was due to NOT paying in proper benefits per hour, per the contract. If we didn’t pay the amount they claimed due on the audit, the TRUST FUNDS would sue us in Federal Court. We argued and paid attorneys and then ended up settling with the union and trust funds for an amount we felt wasn’t right or fair but we had no choice! They then wrote up a “confidential settlement” agreement where NO ONE was to ever find out about this.

In 1998, I was asked to attend an R.C.E.C. (Residential Contractors Employment Council) meeting by other signatory contractors that were being treated the same as myself with the union. I was made a director at that meeting. I made it clear to R.C.E.C.’s Board, with the new contract due in June, I was going to fight to get piece work as part of the contract. A group of 16 roofing contractors then withdrew our bargaining rights from RCEC. The siders, dry wallers and insulators followed and did the same, hoping to get the Union to recognize piece work. Needless to say, the union never did allow the ENTIRE group a piece work contract.

What happened next was an interim agreement for one year. The union admitted they sold union cards and acknowledged they allowed piece work, but swore with the new contract, hourly only pay would be strictly enforced! Earl Oliver even swore that if he had to put 100 new men on the street to enforce the hourly pay provisions of the contract, that is what he would do. Again, needless to say, Earl never kept his promise.

In the 1998 contract negotiations with the union, at the Drake Hotel in Oakbrook, Earl Oliver started the opening morning of negotiations with a speech about going forward, without admitting guilt on either side, in a new direction, per contract, strictly hourly. When Earl was finished, I stood up with some papers in my hand, and Earl Oliver exploded! He swore, knocked the lectern over and stomped out of the meeting. What I had in my hand was a contract with the overhead door industry for PIECE WORK!

Now, two critical issues that I believe affect your pensions and show the lack of credibility of your union.

First, Section 20.9 of the Carpenters union contract: In the current contract, in 1998 and all contracts before that it says very specifically “employees covered by this Agreement shall not perform work on a piece work basis.” Tell me HOW IN THE WORLD CAN THE UNION JUSTIFY A PIECE WORK CONTRACT with one segment of the work force when it claims in its own contract piece work is prohibited? When members join they are sworn to NOT work piece work in “By Laws and working rules” rule #1.g

I believe you men have been cheated out of pension dollars because the union clearly states to all of us and federal judges that piece work is illegal and cheats the pension funds out of contributions which would go to the men! Talk about unclean hands, I believe this union is as dirty as they come.

I have posted a copy of the piecework contracts from 1996 thru 2008. Notice how they allow having benefits paid. Divide gross earnings by scale, that will give you the hours to pay benefits in on, NOT ACTUAL HOURS WORKED!!! Your pension funds are getting cheated!

Second, to further this deceptive practice, I believe the presidents of the union in the past, along with their law firm, lied about this to members and even federal Judges. See the attached letter from Frank Libby to one of the union’s members.

Documents Posted are:

• Piece work contract. Highlighted in areas that are very important but read the entire thing, you’ll be amazed.

• Letters from Earl Oliver stating “hourly pay only” and they will accept nothing less.

• Unions letter rescinding the piecework contract, note the date, two weeks after my hearings ended. You’d think they would at least have been smart enough to just let it run out rather than admit it was a mistake and cancel it!

• Letter from Frank Libby denying the union has or even EVER had a piecework contract.

How can you entrust running your union and Pension to someone that would blatantly deceive you? That’s enough from me this time, I will add again soon.

What I would recommend that YOU do is send a certified letter to Frank Libby asking how his unions’ breach of fiduciary, by allowing piece work, has cheated your pension. Let me know his responses. You can write him at:

Frank Libby

Chicago Regional Council of Carpenters

12 East Erie Street

Chicago, IL 60611-2796

Click here for the Documents  http://home.comcast.net/~carpenterwatch/BLOG121809.pdf

Respectfully,



Michael. A. Prate