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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
90 CIV 5722 -against- (CSH)
DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et.al.,
Defendants.
x
Independent Investigator Deposition
December 15, 2004 5:00 o'clock p.m.
DEPOSITION of ANTHONY ARGUELLES, taken by the Independent Investigator, Walter Mack, Esq., pursuant to letter subpoena, at the offices of Doar, Rieck & Mack, Esqs., 217
Broadway, 7th Floor, New York, New York
10007-2911, before Stewart Nissenbaum, a Shorthand Reporter and Notary Public of the State bf New York.
ORIGINAL
TANKOOS REPORTING COMPANY, INC.
305 Madison Avenue 142 Willis Avenue
Suite 449 P.O. Box 347
New York, N.Y. 10165 Mineola, N.Y. 11501
(212)349-9692 (516)741-5235
APPEARANCES:
DOAR, RIECK & MACK, ESQS.
217 Broadway, 7th Floor
New York, New York 10007-2911
BY: WALTER MACK, ESQ. Independent Investigator
O'DWYER & BERNSTEIN, ESQS. Attorneys for District Council 52 Duane Street
New York, New York 10007
BY: GARY ROTHMAN, ESQ.
U.S. DEPARTMENT OF JUSTICE U.S. Attorney's Office
Southern District of New York
86 Chambers Street
New York, New York 10007
BY: LISA ZORNBERG, ESQ. Assistant U.S. Attorney
DINO J. LOMBARDI, ESQ.
Attorney for Witness
52 Duane Street
New York, New York 10007
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Arguelles |
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that's the only way you can get a job in a |
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decent amount of time to work. |
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Even if I'm a good carpenter, which I |
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am, you can ask any employer I work for, it |
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doesn't matter what your skills are, it's |
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basically these companies do what they want as |
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far as manning the job. |
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Q. That's because of the request system? |
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A. Of course it's the request. |
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Q. Have you read my referred to Judge |
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Haight? |
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A. And I believe that, it's a good point |
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you made that. When I heard it I said maybe we |
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got somebody who is going to make a change. |
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Good carpenters can't get a job because |
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they don't have an in with a company or they |
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stood up to a company on an issue. |
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Once you get that -- you get burnt by a |
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company because you stand up for your rights, |
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they don't want to know you no more. They |
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really don't want to know you. |
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Q. They don't request you. |
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A. They don't request, they don't put you |
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on. You're red-flagged with the company and |
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that's itself.
That's why a lot of guys ride there list, you can not get a job with the company.
The company hand picks their guys and that is it.
Have you to go begging to a company for a job.
A lot of good local union guys got burnt by this list, that's why guys ride the list and do what they do, because they can't get work.
Look at Local 3, everybody gets a fair shake. If you had some kind of fair shake where everybody gets the same amount of work you
wouldn't have half this stuff. You wouldn't have half of it.
Q. What if the 50 percent of the 50/50 was determined by the union or the District Council, would that go some way to solve the problem, in other words they were the ones who put the 50 percent, the union people on.
Do you have an opinion on that topic? A. Yes, that's the way it should be.
That's the way it should be. The company
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shouldn't have this request where you count the guy as a union guy. Basically he's a company
guy.
Which there's nothing wrong, we are all union men. But as far as everybody getting a
fair amount of work, it's not happening. It's
not happening.
Q. I appreciate your comments.
Was there anything about my report -- did you read my third report or were you just told about it?
A. I think I did read some of it.
Q. Was there anything about the report you took issue with or anything about it that you thought I was wrong about or you felt I did not --
A. I just remember the part with the 50/50, where the companies took advantage of that.
Q. You agree with my view on that?
A. Of course.
If everybody got a fair shake, it would be a beautiful thing. It would be a beautiful
thing.
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jealousy or that enviness that this guy is working all the time and I'm not working at all.
So if everybody had a fair shake on the system, you would root out all types every people trying to get over on the list, trying to get work. It would be a fair shake for everybody.
Nobody has anything to say.
Local 3, everybody gets a fair shake and I tell you, they are united, they're strong, because they are all in it together.
With the carpenters, you got the
companies, the guys they work all the time.
And then the good union guy who is just as capable of doing the work but doesn't have a hook with a company or doesn't know a foreman or doesn't get along with a foreman, he's getting shut out.
That's why people try to ride the list. They're just trying to get the work. That is their own way of obtaining it.
Q. I appreciate your thoughts and
suggestions and there are difficulties in dealing with some of those problems. But
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