Author: Jim Tessier

Another E-Board meeting and more lies from Bobby O Jr.

Yesterdays meeting was getting quite lively and Bobby was complaining about the internet and our little website, until someone asked him about Khuzy’s quitting his Day BA job. Bobby claimed that all he knew was that Andy quit for personal reasons, and that’s all he knows.

Like Bobby did not know about the charge that Frank Ponce filled out (without signing) going after Khuzy for putting his wife on some of the “in lieu of” claims he was harvesting. A charge that was never filed, because Khuzy quit.

Meanwhile, the procedure for processing “in lieu of” payments was formally returned to Ray Parsons office like it used to be, before Frank Ponce changed it years ago. The change was agreed to despite several members complaining that the Employer payments were used to pay the “volunteers” on several Local 13 Committees, like the Registration Committee.

Right about the time the discussions were getting interesting, the lawyers whispered in Bobby’s ear that it might be a good idea to discuss the matter in executive session. Bobby immediately moved that the non-Executive Board members be excused so they could continue the discussions in executive session.

Who is running the Union, the elected officials or Local 13’s Million Dollar/year lawyers?

Harry Bridges hated lawyers, which is why lawyers are forbidden from participating in the grievance procedure. Now lawyers are running Local 13.

The reason Local 13’s rank-and-file know nothing about what is happening in their Union is because the lawyers don’t want them to, why is that? The lawyers are not members, how dare they keep information from members?

The reason the lawyers are there, is to report on the status of the litigation the Local is involved in, but they did not report on any pending legal matters. They were there to tell Bobby O Jr. how to run the Local and keep the rank-and-file in the dark, or so it seems.

Bobby is now sending his lawyer dog and pony show on the road, to all the other Locals.  Bobby and the lawyers are so proud of the labor relations class they gave last quarter, they are going to take it on the road. What a fucking joke.

Everyone knows that PMA’s lawyers do all the heavy lifting with the real litigation. All Local 13’s lawyers do is watch and collect $1,000,000/year in retainer fees.

Bobby O went on to appoint Mo Medina to fill out the remainder of Khuzy’s term. Mo Medina is not eligible to run for office because he has termed out and is required by the Constitution to take a year off, but Bobby O appointed him anyway, because Bobby O Jr. can do anything he wants to.

Just ask him, or his lawyers………

 

Local 13 Day Business Agent, Andy “Khuzy” Kustich, quit his job yesterday in response to alleged payroll violations filed against him for using his position to put his wife, and others, on PMA member companies payrolls for “in lieu of” payments related to settlement of contract violations.

Looks like the lies that Khuzy told to get Bobby O Jr. off the hook related to charges that Bobby had friends placed on ghost payrolls at PMA member companies like Pasha, did not pay off like he thought they would.

Khuzy flat out lied about what happened the day Bobby O Jr. had Pasha put the Greek and Scary Jerry on the payroll as lashers in return for watching his mom at a luncheon thrown by Mayor Garcetti to celebrate both their successful elections.

The ongoing investigation is now focused on Khuzy and his buddy Bobby O Jr. did not make it go away, so rather than answer questions related to the “in lieu of” payrolls his wife showed up on, he quit.

Is Bobby O Jr. empire beginning to crumble?

That’d be nice.

Chug, chug, chug……

 

Congratulations to Dean McGrath and Local 23 for leading the way in registration of new B-men.

On June 23, 2015 in CLRC-15-2015, the Coast agreed to register a bunch of longshoremen is a bunch of Ports on the west Coast.

Tacoma was authorized to take 100 new b-men in increments of 50, 25, and 25 per month over 3 consecutive months.

According to ilwulocal23.org Local 23 starts this Friday, July 17, 2015, with their first 50.

Congratulations.

Local 13 has not been having LRC meetings, because PMA refuses to produce some minutes, so nothing is happening.

Local 13 put in a request for 1500 new B-men and were authorized to take 600 at a rate of 125 per month for 4 months and 100 in the 5th month. Nothing about consecutive months and no start date.

Local 13 also agreed to add 2,400 new ID casuals, the details of which have yet to be seen. I’d ask the LRC Reps if I was wanting to be on the list, and ask to see it in writing.

Interesting how Local13-bulletin-28-15 says nothing about the new casuals. Do they think that no one is interested in the casuals, or is it just another example of the leadership hiding information from the rank-and-file?

Maybe Local 13’s President could take time from his luncheon tour and get the LRC in gear and start registering like Dean’s Local?

Just say’n ………..

p.s. if you are interested in CLRC_10_98 here it is.

 

 

Frank Ponce de Leon has never won an election where he actually had to run against someone.

Frank wants to be the shot caller on the Coast Committee and to do that he has to get rid of Leal.

Frank recruited Cam Williams from Local 19 to run against Leal and plans to use his Local 13 influence to get him elected to replace Leal.

Cam Williams has never argued an a case before an Arbitrator, has very little experience, and will be easy for Frank to control when he gets elected.

Frank thinks that because he successfully threatened his way on to the ballot unopposed, he will automatically win.

Frank can’t stop members from writing in another choice.

Harry Bridges said: If the membership gets all the information they will almost always do the right thing.

That belief is about to be put to the test, in the up coming Coast Committee elections.

Good luck ILWU. Please, do the right thing.

 

According to PMA 2013 Annual Report page 65, casuals worked 18.7% of the 4,905,219 hours paid to tractor drivers.

Casuals worked 917,277 hours or 114,659 jobs, but Local 10 claims none of those jobs were worked by their casuals, because they are not trained and therefore unsafe.

Funny how Bobby Olvera Jr. claims that when he was a B-man in Local 10 he got crane trained. Even though there are no JPLRC Minutes showing he was crane trained, he is certified by PMA as a crane driver.

Local 10 does what ever they want to do, as demonstrated by their refusal to fill jobs when they don’t feel like it.

PMA would rather let APL stop calling at Oakland than force Local 10 to provide longshoremen in accordance with the Contract.

In Tacoma, Local 23 has casuals (mostly genetically qualified) that drive Straddle Carriers, and San Francisco’s Local 10 claims their casuals can not drive tractors.

Time for PMA to step up and tell the ILWU to knock it off?

When does PMA grow some and tell Local 13 and Local 10; homey don’t play that, then smack them up side the head with a tennis ball in a sock?

 

Based on what is happening in San Francisco/Oakland right now it looks like the rumors about the deals that were cut at the Longshore Division Caucus are true.

Looks like Bobby O and Frank cut some political deals so as to let Frank Ponce run unopposed for the Coast Committee position made available by Ray Ortiz’s stepping down.

Thing is, Frank Ponce de Leon has never won an election where he did not run unopposed.

Local 63 was “threatened” into not against running against Frank.

Did Frank and/or Bobby threaten to turn them into Child Services for child abuse, so their kids could be interviewed, or maybe turn their wives in to their Employer for using company email for their husband, both of which he did to Eric?

Bobby O and Frank had, in hand, the secret crane training and crane guarantee pay agreement for LA/LB signed on February 20, 2015, by PMA’s Jim McKenna and Big Bob. A secret agreement that was signed on the same day as the MOU, but not included as part of the MOU.

Local 23’s Caucus Delegates heard about the secret LA/LB agreement in Hawaii but did not see it until last week, when they read it on this website.

Do you think the other Locals would have ratified an agreement giving all the money to Local 13 crane operators, both steady and hall, and nothing to everyone else?

Do you think that all the other Locals would have ratified an agreement giving 4 new crane simulators to Local 13 for their exclusive use, and nothing for anyone else? 

Do you think that all the other Locals would have ratified an agreement letting just Local 13 do 2nd shift training?

Just so you know, Local 13 has been training on nights for months.

Deception and bluff, and lying to members is what Bobby O and Frank do, and now they have run their con on the rest of the Coast.

Local 10 bought right in to the Bobby O and Frank con, then took it to the next level by refusing to dispatch casuals to tractor jobs unless they have been trained, for “safety” reasons.

Did Local 10 forget that they also represent the casuals that have been driving tractors (aka semi or hustler) for years, most of whom have Class I drivers licenses?

Why isn’t the ILWU trying to get benefits for casuals who work 800 or more hours a year, like other employers who use part-time workers?

All Class A and B registered longshoremen who make at least 800 hours are qualified for full benefits, both medical and contractual, with the exception of some vacation benefits that require 1300 hours.

PMA claims they are confused and are trying to meet with Local 10 to discuss the matter.

The new Arbitration system does not seem to be working the way it was presented. The MOU called for new Arbitrators to be in place 2 weeks after ratification. The PMA and ILWU have agreed to extend that deadline, just like they did last time they agreed to replace the Arbitrators in 2008. That extension lasted 6 years, the entire length of the contract. Are they going to do the same this time?

The fact that PMA would let the Union deny them workers that they have been using for years, and do nothing about it, is mind boggling.

But then that’s what it feels like to be the victim of a con. Eh Bobby? Eh Frank?

Chug, chug, chug…..

 

Safety and training are big words on the waterfront, since Bobby O Jr and Frank Ponce decided to stop providing qualified but not trained crane drivers during the recent PCLCD contract negotiations.

Cute, since Bobby Olvera Jr. was never trained himself. There are no JPLRC Minutes that show Bobby O was ever crane trained, yet he has been certified to drive cranes by PMA.

For years longshoremen have been training each other on the job, just like Bobby O was, and the Employers had absolutely no safety problem with those deemed qualified as a result.

OSHA has no training requirements. The OSHA requirements for equipment operators are simple. You must be 18 years old, know hand signals, and be acceptable to the Employer.

Funny how the ILWU is not mentioned, but yet they seem to be calling the shots related to who is safe to drive equipment.

The only reason Bobby O and his buddies are getting away with this bull shit is that PMA is letting them.

This is not a safety issue, it is a greed issue and the equally greedy PMA is letting the Union do what they are doing because they are making money.

Chug, chug, chug…….

 

When longshoremen worked 6 & 2 (6 hours ST & 2 hours OT) and time and a half for 2nd shift, they were reminded every day of what happened in San Francisco on July 5th 1934.

In 1934 the West Coast longshoremen negotiated a 6 hour work day, with overtime paid at time and a half for all work after 3PM.

Back then July 5th was a big deal and no work was done on July 5th, period. Unless the ship was on fire, and in danger of sinking.

The incredibile feeling of ILWU solidarity was rekindled every July 5th, by every Local on the West Coast.

There were marches and picnics and a whole lot of longshoremen and their families would get together to celebrate what those who gave their lives on July 5th 1934 made possible for today’s ILWU members.

I for one was sad to see the end of the 6 & 2. It was unique to the West Coast longshore industry and a validation that the work was and is hard enough to dictate a 6 hour work day.

Now, every one gets 8 hours, steady men work a week on and a week off, crane drivers get paid crane pay under the table when they are not driving cranes, Local 13’s President spends more time at Employer luncheons than he does in his office, and July 5th is the day of the longshore softball tournament.

I met Harry Bridges and I remember what the ILWU used to be like.

I kind of miss it.

Happy Bloody Thursday……..

 

Corrupt pay practices involving the Port of Los Angeles/Long Beach steady men, first identified by Union Arbitrator John Pandora in his Decisions SC-9-97 and SC-10-97, have not gone away.

In fact just the opposite has happened, the corrupt influences of Local 13 steady man Danny Imbagliazzo have now reached all the way to the top of both the ILWU and the PMA, with the help of con man (crane certified but never crane trained) Local 13 President Bobby Olvera Jr.

In Decision SC-9-97, ILWU member and ILWU/PMA Area Arbitrator John Pandora identified 43 steady men who were paid over $281,000 in violation of the PCLCD. He did not require the steady men to repay the money, he turned the matter over to the LA/LB Joint Port Labor Relations Committee to deal with it.

The LA/LB JPLRC did nothing. They let the steady men keep the money and did nothing to the Employer who paid it.

In Decision SC-10-97, ILWU member and ILWU/PMA Area Arbitrator John Pandora identified steady man Danny Imbagliazzo as the ring leader. The Arbitrator ruled that Imbagliazzo was a corrupting influence and ordered that he be removed from working as a steady man at MTC as long as he was a registered.

The LA/LB JPLRC did nothing, the Decision was never implemented, nor appealed; it was just ignored.

The corrupting influence of steady men, including Imbagliazzo, has been allowed to grow and develop since the 1997 Decisions and has now become part of the PCLCD, as a result of the secret agreements contained in the February 20, 2015 Letter of Understanding between Jim McKenna and Bob McEllrath.

This secret Crane Training:Pay Guarantee Agreement, which has not been given to all ILWU members, has not been approved by the rank-and-file or the CLRC and, is not part of the recently ratified MOU dated July 1, 2015.

On the same day the ILWU and PMA announced a tentative agreement on their 5-year deal, PMA-Press-Release-02-20-2015, they signed the secret Local 13 Crane Training Program Tentative Agreement, which includes all kinds of pay for steady men and includes under the table lump sum payments to hall crane drivers who work other than crane jobs.

PMA wanted access to crane drivers so badly that Jim McKenna himself agreed to the following:

– Only trained/certified longshoremen will be eligible to take Skill III Crane jobs.

– To train 250 crane drivers at a rate of at least 100 per year.

– To buy 4 new Vortex crane simulators, and possibly train on 2nd shift.

– Each Company will provide 4 steady men to assist training and not count their shifts toward the 20 shift cap.

– CY Training to continue at rate of 12 per month until sufficient competent operators are available.

– Eliminate Supplemental Crane board with exception of those in training or those now on the Board with 200 hours on the date of MOU ratification, who will be allowed to stay on for 1 year.

– ALL INDIVIDUALS CHECKED IN ON THE A AND B CRANE BOARDS SHALL BE PAID AT THE EQUIVALENT CRANE OPERATOR PREVAILING DAILY RATE OF PAY, MONDAY THROUGH FRIDAY, REGARDLESS OF THE JOB THEY WORK IN ACCORDANCE WITH 14.521. THIS IS A MAKE WHOLE PAYMENT IN INDIVIDUALS WORK OTHER THAN A CRANE JOB. THIS IS NOT A GUARANTEE.

– Immediately after agreement on MOU, Employers will revert to practice of ordering 2 men per machine (transtainer), and lift all restrictions on labor orders currently in place for weekends, 2nd and 3rd shifts, and holidays.

– PMA agreed to drop all (over 2000) outstanding PIT complaints against longshoremen for failing to work in a skill for which they had been trained.

I for one find it interesting that PMA’s Jim McKenna claims that he negotiated language to stop benefits fraud at the same time he negotiated a secret deal to pay make whole payments without reporting the hours, which is defrauding the benefits plan of assessments on those hours.  Management chief defends ILWU contract | JOC.com

What other secret agreements do Big Bob and Jim McKenna have?

Come on boys, there are no secrets on the waterfront. Or are there?

Chug, chug, chug……..

 

While the ILWU was in Hawaii holding their Convention and Longshore Division Caucus, Bobby O Jr’s equalization con was put into play.

A new category of “super duper longshoreman” has been created.

If your are on the Crane Board you are now guaranteed 10 hours of crane pay no matter what job you do, as long as the crane jobs get covered.

You will get paid a lump sum payment for the 2 hours, plus differential if applicable, and no hours will be reported so you don’t have to add them to your total for dispatch and the Employers don’t have to pay the benefits assessments on the extra hours they pay to these super duper longshoremen.

This is Bobby O’s and Frank Ponce’s equalization formula designed to enhance the solidarity between the steady men and the hall men.

In order to sweeten the pot for the steady men, Bobby and Frank also eliminated the secondary crane board so only trained/certified longshoremen are eligible to take crane jobs.

Now the steady men can go out right after the Crane Board and get more hours that do not count against their guarantee, in addition to the extra $55/day they get just for being steady.

Too bad for the other Skill III equipment operators who are good enough to earn top pay, but not good enough to get the super duper guarantees given to the Crane Board.

Bobby’s and Frank’s new solidarity campaign is off to a flying start and should help the organizers who are out there selling the benefits of being a member of the ILWU.

The agreement to pay the new super duper longshoremen is in the Local 13 Port  Supplement the membership approved, without even being given a copy.

More to come…..

We are back.