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Entries in Judge Berman (2)

Tuesday
Aug202013

Special Election Notice for Executive Secretary-Treasurer

In response to Review Officer Dennis Walsh’s (“R0”) August 14, 2013 letter application ("Application”) noting that it is “in the best interests of the Union to seek to fill the [Executive Secretary-Treasurer] vacancy as soon as possible," the Court hereby approves the request for a special election suspending certain election rules required by the District Council Bylaws as outlined in the Application and in conformance with the schedule set forth in the Application.

Dated: New York, New York August 15, 2013

RICHARD M. HERMAN, U.S.D.J.

Click Here for Court Order Calling for a special election to fill the vacancy of EST

Saturday
Jul202013

MWA Injunction Request Denied

Federal District Judge Richard M. Berman on Thursday denied an injunction request made by the Manufacturing Woodworkers Association of Greater New York (MWA) against the New York City District Council of Carpenters. Judge Berman had held a hearing on July 8 on the MWA's injunction motion.
 
The July 18, 2013 opinion and order ruled in favor of the District Council, denying the MWA’s application for an injunction that would require council representatives and members to “cease and desist from engaging in any job action or any other activity that interferes in the business activities of the Plaintiff (MWA).” Another federal district Judge had rejected on June 28 an application by the MWA for a temporary restraining order to prevent a Union strike for a new contract.

Judge Berman denied the request on the grounds that the federal courts did not have jurisdiction to intervene in a strike over the union’s efforts to come to a new collective bargaining agreement. Judge Berman also found that the no-strike language in the expired collective bargaining agreement didn't continue after June 30 when the contract expired.
 
The District Council has been on strike since July 1, 2013 after months of stalled negotiations with the MWA, which employs some 350 union members from various District Council locals.  The previous six-year agreement between the MWA and the District Council was effective from July 1, 2007 to June 30, 2012 and extended for an additional year to June 30, 2013.  

Click to view ruling