Author: Jim Tessier

Check out this nice little article in the JOC regarding the September 24, 2015, NLRB Decision regarding the Port of Portland refer plug/unplug jobs that Leal and Local 8 tried to take from the IBEW.

NLRB deals another blow to the ILWU in Portland | JOC.com

If you want to read about the threats that Leal and Jeff Smith made to the companies involved read the Board Decision.

Board Decision 19-CC-082533

Little by little, the ILWU is getting the message that bullying will no longer work.

Chug, chug, chug….

 

Mark Galardo, Mike Dimon, Larry Toledo, and Steve Cannone have been trying to get Eric kicked off the Grievance Committee from the day he was elected.

First they tried to flat out kick him off the Committee because he recused himself after the Committee refused to stop processing chiseling complaints, but the Local’s lawyers told them that they could not do that. Mark Williams told them that the only way he would remove an elected official was if he had a letter of resignation.

After Eric challenged the Grievance Committee’s authority to adjudicate chiseling complaints by offering to help Steven Black and by filing a Section 13.3 discrimination complaint against the Committee; Steve Cannone along Mark, Mike, and Larry decided to up their efforts to remove him.

Los Angeles Technical College student/labor expert Larry Toledo decided to file “conduct unbecoming” charges against Eric related to something that happened at the Caucus in San Francisco, and because of what is posted on this alleged “anti-union” website.

Larry is claiming that a flier that Eric put out during the negotiations cost the Union 100 million dollars.

Super duper labor expert Larry Toledo somehow figures that Eric’s flier cost the Union 50 cents per hour, because Big Bob was asking for $7/hour and he only got $6.50/hour. Using his math skills Larry figured that the 50 cents/hour over the term of the contract comes to $100 million.

Larry, who was not a Delegate, produced “some” Caucus transcripts which are not even available to the elected Delegates to “prove” his claim.

Larry produced half of the transcripts related to the Caucus discussions about Eric’s flier, but forgot to include the part where Big Bob explained that PMA was offering $5.50/hour when Jim McKenna slid Eric’s flier across the table.  Bob told the Caucus that he used the flier to get another $1/hour, and Eric got a standing ovation and handshakes from Big Bob, Ray Familathe, and Ray Ortiz after he spoke.

Using Larry’s math Eric made the Union $200 million.

Student/labor expert Larry needs to learn to tell the whole story, and that half truths and outright fabrications are not the way to become a successful labor negotiator.

Student/labor expert Larry also needs to learn that the NLRB is a Federal Government Agency whose rules and decisions apply in all states.

Larry seems to think that the NLRB vs ILWU Local 23 decision, to find merit to a charge that fining or threatening to fine members for posting union information on the internet is a violation of Section 7 of the ACT, does not apply to Local 13, just because he says so.

Corrected NLRB Consolidated Charges 19-CB-107522 et al

NLRB Internet posting rule

The Minutes of the last Committee Meeting show it was agreed to have Larry write a letter to Bobby claiming that Eric recused himself from the Grievance Committee all together, even though Eric left before Larry had even arrived. Apparently, they decided not to write the letter.

At the Grievance Committee Meeting yesterday, the Larry, Mike, Mark and Steve braintrust decided that if they can’t resign for him, and they are to lazy to try and recall him, they will just vote at each meeting to exclude him from the meeting.

Yes, that’s right, these geniuses think they can just rig a vote at every meeting to exclude an elected official, Eric, without going through all those pesky recall procedures.

Who taught them that?  Was it student/labor expert Larry?

The best part is that last night Eric’s “friends”, “Mr. Harvard”, Josh “Youngblood” Flores, and Fernando Herrera, showed up to the meeting. Josh is on the Committee, and Fernando was sworn in as a temporary member even though there was a quorum of regular members.

When Mike Dimon, wanabe LRC Representative, made a motion to exclude Eric from the meeting, both Josh and Fernando decided not to vote. Eric was expelled by a vote of 3 to 1.

With “friends” like that, who needs enemies?

This is far from over, and I can’t help but wonder; what are these bullies going to do when the JPLRC takes back all the chiseling complaints, just like the contract mandates?

We are not anti-union, just anti-bully.

Chug, chug. chug……

 

Check out the latest JOC article where Jim McKenna blames the “bargaining model” because he does not know how to negotiate.

PMA’s McKenna: West Coast port bargaining needs changes | JOC.com

West Coast bargaining has been working fine since 1934. Just because Jim McKenna does not know how to negotiate, does not mean the bargaining needs to change.

Granted, dealing with a guy that ties his women and children to the railroad tracks, like Big Bob did during the Grain Negotiations, and a guy that throws tantrums and major rants on a regular basis, is not the easiest thing to do, but it is what needs to be done and Jim McKenna does not know how to do it.

Making under the table side agreements to pay crane drivers in LA crane pay when they work other than crane jobs, and making those payments in dollars without reporting hours, so as to avoid benefits assessments, is not how to do it.

Allowing Big Bob to pursue his personal vendetta to get rid of David Miller, for absolutely no good reason, and agreeing to gut the Arbitration system that has served the Industry since 1934, is not how it is done.

Agreeing to a chassis safety inspection procedure that forbids mechanics from actually visually inspecting brake components, before sending those chassis on to public highways, is not how it is done.

Big Bob will be gone before the next contract is negotiated, and hopefully so will Jim McKenna, so who really cares what he thinks?

If it ain’t broke, don’t fix it.

 

Check out the latest article about chassis M&R on the East Coast. Long-delayed NY-NJ chassis pool ‘making progress’ | JOC.com

Check out Local 13 Bulletin #39-15.

Local 13’s Officers have decided that B-men are not entitled to come backs, EXCEPT on CL and HL jobs.

Why?

So the B-men will have to come to the Hall every day, and be available to cover the CL/HL jobs, thus allowing the A-men (Union Members) on the HL Board the ability to work other than HL jobs, and cherry pick early finishes or work the 2nd Dispatch.

If the B-men are not used to cover the HL jobs, the A-men will have to cover the work or risk getting a 9.41 complaint.

Way to go, let the B-men know they are not members; they are just fancy casuals with benefits.

Solidarity, ILWU style.

Nice job Bobby, Mondo, and Mark.

Wonder if PMA even knows about this?

No matter, they would not do anything any way.

 

Here are the Local 13 Trial Committee minutes 5-20-15, and the Larry Toledo’s investigation report Greek vs Bobby, and the Larry Toledo’s payroll evidence re Greek vs Bobby, from the Trail Committee held as a result of the complaint filed by the Greek related to Bobby O putting the Greek and Scary Jerry on the payroll, for babysitting his mother at Mayor Garcetti’s luncheon.

In his April 10, 2015 report, Tiolet claims he found the allegation to be unwarranted for lack of evidence and he included his investigation notes and “evidence” that was used to formulate his decision.

Toilet makes the claim that he “fairly represented” Angelo, and acted with honest good faith judgment and made a sufficient investigation to the “knowledge of the facts” and then made a “good faith decision based on those facts”; without ever talking to Angelo. How do you do that?

Toilet claims the “major deciding factor in my decision” were his 3 telephone calls with then, Business Agent, Andy Kustich, who he stated is a very credible witness.

Former Business Agent, Andy Kustich has been caught 2 times using his position to put his wife in for Time in Lieu payments on multiple occasions, and resigned after being threatened with a complaint if he did not do so. He was allowed to resign and no complaint was filed, so he can run again next year, unlike Angelo who was told he cannot run for Union Office for 13 years for doing what both the Business Agent and President were doing.

Former Business Agent, Andy Kustich, would have said anything that Bobby O wanted him to say, in order to not have to pay back the money he got his wife paid and be allowed to resign with no complaint being filed.

Former Business Agent, Andy Kustich claims he put Jerry and Angelo on the payroll for a “Time in Lieu” violation, yet he does not have a copy of the Time in Lieu complaint, nor does he explain why he put them on for 8 hours when “in lieu of” claims have a 4 hour minimum. Check out pages 186 – 189 of the PCLCD. Did Andy claim the crew cleaned the hatch for 8 hours? Don’t think so.

Former Business Agent, Andy Kustich, told another member that he did not know that Angelo and Jerry got put not he payroll at PASHA until he read it on this website on February 2, 2015. He said that he put 2 guys on the payroll at SSA that day for Bobby O but did not know anything about PASHA.

Toilet went to PMA’s website and printed out copies of the paycheck details for Angelo and Jerry and made a big deal of saying how he went to PASHA to try and track down the “Superintendent” who put them on the payroll, and explained how he found out the DOL was investigating and the “2nd in Command” told them “no forcefulness” was involved.

What Toilet did not do was produce a copy of the alleged Time in Lieu claim, which would be required if there really was a claim, and he did not ask to see time card 97 from job number 2014040222 which would show who put Angelo and Jerry on the payroll.

Why not? Because there is no Time in Lieu complaint and he did not want anyone to know, it was Bobby’s former neighbor who put Angelo and Jerry on the payroll.

Toilet claims Andy said “a Union brother” called him about the alleged violation, but does not say his name even though he uses everyone else’s names, and he does not say he verified Andy’s story. Why?

On May 15th, a month and a half after he started his “investigation”, Toilet claims he spoke to Jerry who said he did a good thing for the Union and was a bodyguard for Bobby Olvera Jr., and  he “kept saying he didn’t know what I was talking about and couldn’t help me.”

Right, Jerry did not know how he got on the payroll. It must have been a miracle. Cause longshoremen generally don’t know how they get on the payroll. Come on, every longshoreman keeps their hours in special books designed just to keep track of where they work and how many hours they get paid. But not Jerry?

Did Toilet ask Bobby O how his “bodyguards” got paid for protecting him at Mayor Garcetti’s luncheon at City Hall? Not according to his investigation notes. Why?

Why? Because Toilet’s entire investigation is a sham and a con, aimed at covering for the fact that Bobby Olvera Jr. bypassed the dispatch hall and called his Superintendent friend to have his bodyguards put on PASHA’s payroll, to impress his friend Mayor Garcetti at his City Hall luncheon victory celebration.

What is really disappointing is that the DOL fell for it, hook line and sinker.

Chug, chug, chug……

p.s. There are no secrets Larry. What you going to do now?

 

Larry “The Toilet” Toledo, one of the 3 stooges running Local 13’s Grievance Committee, has done it again.

On behalf of the other 2 stooges, Curley “Catfish” Dimon and Mo “Know It All” Gallardo, Larry filed another of his rambling nonsense claims that, you know who, violated the sacred “Oath.”

Check it out. Toilet claims to have been taking some law school classes, here is his latest effort:

Toilet Toledo’s – conduct unbecoming complaint

Toilet, this is not an anti-union website. What makes you say that?

This website is run by a member of SEIU 775NW. We are anti-bully, not anti-union.

If anyone is anti-union, it is you and the other 2 stooges that run the Grievance Committee.

The way you 3 bully members, and the way you come up with $6.000 fines to hold over members heads, so they can’t run for Union Office for 5 years, is about as anti-union as it gets.

Just think of all the good you 3 could do, if you put half as much energy into helping other members as you put into trying to beat Eric down.

Unions are not about beating people down, they are about empowering people.

Get with the program.

Chug, chug, chug…..

 

Don’t know what Bobby O Jr. was thinking when he decided to take the microphone at last nights Union Meeting to tell lies and talk trash about members who were not there, including the daughter of a deceased member who has been trying to get registered as a Child of Deceased for the last 7 years.

Read her statement and decide for yourself who is telling the truth:

“My name is Jennifer Risler, daughter of deceased member Thomas Risler #34072.

After my father’s death I submitted a timely request for registration under the permissive rule in September 2008, within 30 days of my father’s death.

The paperwork I submitted included my father’s death certificate, my birth certificate, and an affidavit of sole support, which I had filled out.

For the last 7 years, I have been working as casual and trying to find out why I was denied.

Harry Dong provided me redacted set of CLRC minutes from CLRC meeting #1-09, showing my request was denied, but the CLRC minutes do not say why I was denied.

I entitled to know why my request was denied. For the last 7 years, every Local 13 Official I spoke with gave me the run around and refused to tell me why my request had been denied.

Recently, a friend of my father’s told me I should contact Jim Tessier, the guy who runs the longshore-labor-relations.com website.

It was immediately obvious to him, when he saw that the affidavit of sole support had filled out by me, instead of my mother, that I had a problem and needed an affidavit of sole support from my mother.

He said he did not understand why the PMA and/or Local 13 did not point that out to me at the time.

He asked me to get a notarized affidavit of sole support from my mother, which I did within a couple of hours.

He then introduced me to Eric Aldape who took me to meet with Luke Hollingsworth, Local 13 LRC representative, and we gave him all my documents, including the proper affidavit of sole support from my mother, and asked him to help me correct the error and get me registered, or give me an answer for my denial, in writing.

Luke was in San Francisco last week and said he looked into my case.

On August 25, 2015, Luke Hollingsworth told Eric that he had taken the information to San Francisco, and that the reason I was denied had something to do with my mother being divorced from my father at the time of his death.

Luke also said, he was not going to give me anything in writing.

Luke said the best he could do would be to give me Ray’s phone number, and I could talk to him.

Attached are CLRC minutes showing a man who was denied in 1973, and again in 1979, because his claim was untimely, but he was registered in 1986.

Attached are 2 sets of CLRC minutes showing the “stepson” of a deceased longshoreman being registered under the permissive rule.

Attached is a recent set of CLRC minutes showing an error made in processing a Southern California son’s application for permissive registration, but it was corrected and he was registered.

Women (daughters) are not treated the same as the sons, including stepsons.

The Union wants to question my father’s marital status, which is not mentioned anywhere in item 7 Permissive Rule Application to Children of Deceased, and ignore the fact I provided a corrected affidavit from my mother stating that I am the sole support of my deceased father’s family; because I am a woman.

Men, including stepsons, are given every consideration under the sun, while women are denied and not even given a reason for the denial.

I am claiming the union’s actions are discriminatory based on gender.

I demand the error made related to my mother’s affidavit of sole support be corrected, in light of the affidavit of sole support from my mother dated July 27, 2015, in the same manor that has been be afforded to sons.

I have been told there are at least 10 cases where the son’s of longshoremen who were divorced at the time of their deaths, have been registered under the permissive rule.

The union made an error. They and/or the JPLRC need to to correct it, just like they would if I was one of their sons.

To not do so, is discrimination based on gender.

To not do so is also a violation of Section 13.3, as discriminatory application of a rule.

The clear and unambiguous language of Rule 7 Permissive Rule Application to Children of Deceased, says nothing about marital status; it only addresses the need for a notarized document of sole support, which I have provided.”

ILWU/PMA Arbitrator Jan Holmes denied Jennifer’s Section 13.2 claim and said that her grievance should be processed under Section 13.3.

Jennifer filed her Section 13.3 grievance yesterday.

Is the Union really going to fight this and open the Child of Deceased closet for everyone to see all the skeletons?

Ask Bobby O Jr., he is the one shooting his mouth off about Jennifer, and claiming Eric is trying to get rid of the Child of Deceased rule.

Chug, chug, chug…….

ps

Just so you know, the PMA can step up any time they want and fix this themselves, if they want to.

It is sad that the companies that Jennifer’s dad used to work for just sat on their thumbs, while Local 13’s Union Men beat down one of their Foreman’s (Rapid Fire’s) daughter.

The guys that ran PMA when I worked their, including me, would never have let this happen. But that is why I am not there.

Kind of funny that 30 years after Linda came to me and said Local 23 told her the permissive rule only applied to sons, Jennifer contacted me with a nearly identical situation.  Linda got registered, and so will Jennifer.

At this point, the PMA, Local 13, and Big Bob just need to decide whether they want to do it the easy way, or the hard way. Their choice.

Chug….

 

Read the ILWU/PMA Letter of Understanding regarding roadability safety inspections.

Letter of Understanding Chassis

The mechanics are not allowed to go under the chassis, which is the only way to visually inspect the brake components on the inside of the dual tires.

If the mechanic can not inspect the brakes, how can he certify the chassis as safe? He can not.

If anyone dies as a result of faulty brakes on a container chassis “inspected” and declared safe under the ILWU/PMA agreement, management should go to jail.