Category: Default

It is no secret that the ILWU, specifically Big Bob, wanted to get rid of Arbitrator David Miller.

What is secret is why Big Bob wanted to get rid of the Unions choice, ILWU Local 63 member David Miller, who has been the Southern California Area Arbitrator since 2002.

Big Bob, in a letter to all Longshore Division Locals and Pensioners dated February 11, 2015, accused without naming, David Miller, of having “openly engaged in conduct that clearly compromises their impartiality, including the development of close and personal relationships that affect decision-making and the failure to disclose these particular relationships and conflicts of interest”.  McEllrath Letter 2-11-15

Big Bob does not identify specifically what conduct he his alleging compromised David’s impartiality.

Big Bob also fails to identify which “close and personal relationships” he is concerned about, or which of Miller’s Decisions were “affected”.

Big Bob wraps up his letter with a false claim; “Both parties have recognized at the bargaining table that there is a problem, but, since the bias favors the employers, PMA is refusing to take corrective action.”

Bob’s claim is a flat out lie. The only one at the bargaining table that had a problem was Big Bob.

Big Bob forced the PMA to agree to throw out an arbitration system that has been in place since 1934, without ever filing any complaints related to any inappropriate behavior or any biased Decisions, because he wanted to have his own member David Miller removed. 1934 Arbitration Decision

Bob agreed to replace the current 4 (2-PMA 2-ILW) Arbitrators with 4 panels of 3 Arbitrators (1-ILWU 1-PMA 1-Neutral Professional), so now 12 Arbitrators will do the work of resolving PCLCD disputes, adding 1-2 million dollars per year to the cost of Arbitration which is split on a 50/50 basis.

Under the “new” system, on-the-job disputes like safety, picket lines, and claims of onerousness or speedup, will be heard by either the ILWU or PMA Arbitrator based on the flip of a coin.

All other disputes will be heard by the panel of 3 Arbitrators; 1-ILWU. 1-PMA, and 1 neutral professional.

Which means all the important decisions involving discipline, and all other disagreements, will be decided by a neutral professional lawyer or retired Judge. The ILWU pick and the PMA pick will cancel each other, so all the decisions will get made by a lawyer or retired Judge who knows nothing about the Longshore Industry.

How is that better for the ILWU or the PMA?

Big Bob refused to drop his demand to have David Miller removed, and under pressure from the Secretary of Labor, PMA offered the Union a deal they thought the Union would reject, only they accepted and now both parties are saddled with a whole new Arbitration procedure.

The “new” procedure will be 3 times more expensive and, more importantly, the Union will lose all the benefits associated with having Union members decide longshore issues related to discipline and manning, and everything else referred to the “new” Arbitrator panel’s lawyer or retired Judge. You can forget about all the past practices arguments, they will be gone.

What were you thinking, Big Bob?

 

March 3, 2015 the ILWU and PMA signed the Memorandum of Understanding that contains the tentative agreement reached after intervention by the Secretary of Labor.

For some reason the Union has asked PMA not to distribute the document until after the ratification process has been completed.

That means the Caucus Delegates will not get a copy until they get to the Caucus at the end of the month, and the rank and file will not get a copy until they show up to vote, if they ask for one.

What is the Union afraid of, or ashamed of? Aside from the ridiculous Arbitration change, it is a very good agreement.

Ask the Union why they will not show members the signed Memorandum of Understanding?

 

Random Lengths Publisher, James Allen, responded to my little blog within hours as follows:

Jim Tessier, Your critque of my recent column on Media Bias regarding the ILWU contract negotiations misses the main point entirely about who was blamed for both the congestion issue and the protracted negotiations, as well as the witholding of jobs in the last weeks. Most in the corporate media have only the faintest idea of the difference between a “lockout and a strike” as the reporters have long since lost their own union representation and are not schoolded on labor issues. Most of these younger reporters are either “at will” or subcontractors/freelancers with little time reporting on the waterfront or on labor in general.
As for my “conspiring” with Bobby Olivera jr., it is true that I have met with him and discussed union issues related to this contract but Dave Miller’s name never, ever came up between him and I. And Miller’s name would never have been an issue at all until it was revealed elsewhere as being the final issue separating the PMA and ILWU. And the revelation of his name came from other sources outside of Local 13 and was confirmed by none other than a API report. I suggest that you amend the allegations in your blog to reflect the true facts rather than your opinion regarding my column.

If you’d care to rebutt anything in our publication I’d urge you to send us a letter to the editor, where all such correspondences are printed verbatum.

Thank you,
James Preston Allen, Publisher

t 310.519.1442 | f 310.832.1000
1300 S. Pacific Avenue, San Pedro, Ca 90731
www.RandomLengthsNews.com

Blaming younger reporters who do not understand the waterfront or labor in general is, a lame attempt to blame your writing on someone else and, a play right out of con man and pathological liar Bobby O Jr.’s playbook.

I for one, do not believe for one second that David Miller’s name never came up during your closed door meeting in Bobby’s office.

The icing on the cake is your attempt to blame the AP claiming you got your information from Justin Pritchard’s reporting.

It was you that came up with the terms “pro-management and union turncoat”, those words are not in any AP reporting I read, but it is definitely something that Bobby O Jr. would say. How do you explain that?

Admit it James, you are a tool for your buddy, con man, Bobby Olvera Jr., and your bias is definitely showing.

James, you might consider trading in your fancy white hat for a black one, now that you have gone to the dark side.

 

After a recent closed door meeting in the offices of Local 13 President, Bobby O Jr., Random Lengths News Publisher, James Allen, decided to write an editorial attacking “Bias in the Corporate Media” related to coverage of the just concluded contract negotiations, and kicking now former ILWU Arbitrator David Miller, while he is down.

Big Bob decided to put his own member, David Miller, into the center of the negotiations by demanding his removal because he allegedly, “openly engaged in conduct that clearly compromises their impartiality, including the development of close and personal relationships that affect decision-making and the failure to disclose these particular relationships and conflicts of interest.”

Big Bob provided zero (0) evidence to back up his allegations. Zero.

Over the last 2 years Big Bob had several opportunities to have Arbitrator Miller removed, in accordance with the PCLCD for exceeding his authority, but did nothing. He did nothing because the cases involved Union Officials going after one of their members, and he did not want to upset the Union power brokers in Local 13.

During negotiations those same Local 13 Union Officials and power brokers decided to go after member David Miller, and Big Bob jumped in with both feet. Bob went after Miller like a hound dog chasing a squirrel.

Big Bob has refused to explain exactly why he was willing to dismantle the entire ILWU/PMA Arbitration procedure, or specifically what Miller did.

Now Bobby O’s own Media Pitbull has jumped in to kick David after the was removed as part of the settlement. Why?

How do you complain about Corporate Media Bias, then call David Miller a “pro-management, union turncoat” with out a scintilla of evidence to back up your claim?

Seems like biased reporting to me, and another case of Bobby O’s do as I say, not as I do, leadership style.

David Miller is retired. He retired from the ILWU in 2002 when he was appointed Arbitrator. He did not need to. He did it because he did not want to appear biased toward his Union. His analysis, of his awards, shows that in fact he ruled more for the Union than the Employers, not that it is important, but it disproves the Union claim he is pro-management.

Too bad the unbiased Union newspaper did not feel the need to include those facts in their hatchet job.

Congratulations Bobby, you kicked another member while he is down, only this ain’t over by a long shot.

If I were Miller, I would be going to the Caucus to defend my reputation, and set the record straight for the Caucus Delegates who will be deciding whether or not to ratify the Memorandum of Understanding.

Hope he feels the same way, lots of members do.

You are not alone David, and your friends are working to correct this mess.

 

During the final stages of the Coast Contract negotiations, Bobby Olvera Jr., and his buddy Mayor Eric Garcetti, showed up bringing with  him the Local 13 Supplements and a new demand to pay 10 hours to mechanics.

Looks like Bobby is making a play for the mechanics votes. He knows that nearly all the mechanics vote as a block in the Local 13 elections. Only about 2,300 members vote in Local 13 elections and 1300 are mechanics. Real nice.

Bobby O does not care if he gets the 10th hour, all the mechanics will love him for trying. Electioneering, Bobby O style.

Also looks like the Union thinks they have the PMA right where they want them, because now they are asking for 10 hours of pay, for about 1300 mechanics who already get paid 9 hours for 8 hours of work.

Wonder how that will sell with President Obama, if the talks continue and move to Washington DC?

 

That’s right, in order to get rid of “Judge Roy Bean” David Miller, ILWU Local 63 member, the ILWU has agreed to throw out all 4  current Industry Arbitrators and replace them with Third Party Arbitrators.

Who is going to protect their members from the Employers?

Two of the Industry Arbitrators are ILWU members and 2 are x-PMA. They are there to protect the Industry, and have been doing a very good job since the 1960’s.

The 2 ILWU Arbitrators have a history of protecting longshoremen in disciplinary disputes, in addition to picket line disputes and work stoppages. The Washington Area Arbitrator, a Local 19 member, has never ruled against the Union in any work stoppage grievance. All that is gone.

Third Party Arbitrators are not going to protect the Industry, and they certainly are not going to protect the Union.

What is Big Bob thinking?

Shame on you PMA, for caving to Big Bob’s ridiculous personal vendetta against his own member, David Miller.

 

 

Look what a friend sent me this morning from Los Angeles.

At least one of the Local 13 Caucus Delegates is reporting to the membership.

Check out the flier handed out at Local 13’s dispatch hall onTuesday, February 17, 2015.

Time for Local 13 members to get all the facts, so they can do the right thing.

Around noon today the Seattle Times published the following AP report on the status on the negotiations and the Union demand regarding the Arbitrator David Miller. Seattle Times AP Article 2_17_15

Hopefully the Secretary of Labor can convince the ILWU to drop their demand.

 

Yup that’s right, Big Bob is angry with David Miller because he ruled against Bob in an Office Worker arbitration.

The ILWU problem with David Miller has nothing to do with the PCLCD, and Big Bob allegedly threatened to resign if the Union refused to back his play. WOW.

Big Bob is willing to have his members suffer because David Miller refused to do as ordered. Yes, Big Bob thinks he can order the ILWU Arbitrator to do his bidding. I guess because he is the Grand Poobah, and he thinks his minion are required to do his bidding, because he says so.

I agree with the commenter who invited Bob to join Sarah Palin in the, I got pissed so I quit club.

Time for real leadership within the ILWU to step up.

ARE YOU READY?

 

 

Yeah, that’s right. Local 13 wants to be able to fire the Southern California Arbitrator, David Miller, because they do not like his friends.

Read Big Bob’s letter for yourself.  McEllrath Letter 2-11-15

Which of ILWU Local 63 member David Miller’s friends are they concerned about?

Is it Chris Viramontes, the Local 13 President who got his friend Arbitrator Miller to process his Section 13.2 Discrimination Claim against Eric Aldape, even though PMA said Chris’ complaint was not a valid grievance? Eric – PMA letter 11-27-12

Is it Mark Williams, the Local 13 Secretary/Treasurer who got his friend Arbitrator Miller to place Eric Aldape on no-dispatch 6 days before Chris’ complaint was even filed?

Is it Frank Ponce de Leon, the current Local 13 negotiator, who got David his job to begin with?

David Miller once told the Local 13 Labor Relations Representatives Mark Mascola and Harry Dong to; “bring Aldape in front of me and I will take care of him.” Is it one of them?

David Miller is a life long ILWU member with lots of friends on both sides. In fact all the PMA/ILWU Arbitrators are people who have worked in the industry for years, and they all have friends too, are they a problem for the Union as well?

Allowing the Union to bring their school yard, 3rd grade, behavior into the negotiations is unbelievable.

With the ILWU it does not matter what you did, it only matters who you are. If they don’t like you, they refuse to help you. If they really don’t like you, they fabricate grievances and use their friendly Arbitrator to beat you down.

David Miller is a ILWU member, was the ILWU pick for Arbitrator, and now Local 13 wants to get rid of him, what is the real reason?

My first solo arbitration on the waterfront NC_59_82 involved a work stoppage and hiring a gang boss, at 2 in the morning at Oakland’s Outer Harbor. When I finally got to the dock office I found the Relief Arbitrator, Robert Rohatch, retired ILWU Local 10 member, holding court surrounded by Local 10 members and Local 10 Business Agent, Bill Watkins.

Retired ILWU member, Relief Arbitrator Robert Rohatch started the hearing by asking me if I had anything to say, before he ruled against me. I knew right then that the ILWU/PMA arbitration system was going to be fun, and it still is.

Maybe the ILWU should stop doing what they are accusing the PMA of doing, and knock off their “bullshit?”

Eh Big Bob?

 

According to yesterday’s JOC Article, the ILWU demand to be able to unilaterally fire Arbitrators, is 1 of 6 remaining issues on the table at the negotiations in San Francisco.

ILWU-PMA contract could hinge on union wanting right to fire local arbitrator | JOC.com

This demand by the Union is a smoke screen that they are using to force the PMA to lock out the Union.

According to members that are talking to me, the Union is telling them that it is PMA that is trying to get rid of Southern California Area Arbitrator David “Judge Roy Bean” Miller, an ILWU member and the Union pick.

The union is doing the same thing they do with training and registration. They claim it is PMA that refuses to train, and it is PMA that refuses to register, when the entire time it is the Union telling PMA they do not want to train or register, unless it is under their terms and only includes their guys.

The Union was OK with Miller when he was doing their bidding when they went after Eric Aldape using the Section 13.2 Discrimination procedures to get him 2 years off work, because they did not like his election cartoons.

PMA tried, but not real hard, to protect Eric and went so far as to write a letter claiming that Eric the union charges were not valid grievances.  Eric – PMA letter 11-27-12

PMA also tried to prevent the Union from putting Eric on no-dispatch. Eric – PMA’s 11-30-12 letter

Ultimately, Judge Roy Bean Miller, after being asked by the Union, placed Eric on no-dispatch for the first year off in his 2 year saga.

(If you are interested, the entire story is available here https://longshore-labor-relations.com/?p=4)

This all happened under the language agreed to in 2008 removing Judge Roy Bean Miller, and the other Industry Arbitrators from the Section 13.2 procedure and replacing them with “neutral professionals.”  MOU 7-1-08 – page 12.

PMA is protecting Judge Roy Bean Miller from the ILWU, in the same way they tried to protect Eric Aldape from Local 13, only this time PMA is not going to roll over.  Pyrrhic war | JOC.com

Judge Roy Bean Miller was the Union’s choice for Arbitrator. He was put into the job by Ramon Ponce de Leon and his cousin  Frank. Miller is a clerk who Local 63 did not pick so he came to Local 13, Chuck Brady was the choice of Local 13 yet somehow Miller ended up the Unions pick and the PMA agreed, which is why he is in his job today.

There are 4 Area Arbitrators, 2 are PMA picks and 2 are ILWU picks, but both parties must agree to the others pick and they can only be removed when both parties agree to remove them. This practice has worked nicely for over 50 years.

Now all of a sudden, with no explanation, the Union wants to be able to unilaterally fire any of the Arbitrators and they are refusing to agree to a contract until their idiotic demand is met. Was this a Union resolution? Don’t think so.

This weird demand has nothing to do with the hours, wages, or working conditions of longshoremen, yet the Union is willing to get their members locked out over their desire to fire Arbitrators who rule against them.

Looks like they want to get locked out.

Here are some other reasons it looks like the ILWU wants to get locked out.

On Friday January 30th, before the Superbowl, all the PMA top managers went to Local 13 to meet with Bobby to discuss the dispatching of crane drivers. They had placed orders for night work that night in hopes that Bobby would agree to resume dispatching crane drivers in the same way they had been doing for years.

Bobby apparently refused to resume dispatching the qualified crane drivers, because PMA left angry and canceled the night orders. Rumors of a settlement before the Superbowl went out the window.

On Wednesday February 4th, PMA released their “all in” offer video, and again requested the ILWU to return “normal operations.” PMA-all-in-offer-press-release-2.4.15

Clearly a sign that negotiations are not going well when PMA goes public with details in an attempt to reach out to longshoremen, as the Union refuses to discuss any details with their membership.

On Thursday February 5th, Local 13 (the largest ILWU Local with 6800 members) has a Union meeting. At the meeting were the International Vice-President Ray Familathe, Coast Committeeman Ray Ortiz Jr., and Local 13 Negotiator Frank Ponce de Leon. The Union refused to discuss anything related to negotiations and just told the membership to hang in there. When asked what the sticking points were, the Union told members they were not going to discuss details.

Also on Thursday February 5th, Big Bob responded to PMA’s “all in” video and press release, by attacking PMA CEO Jim McKenna’s salary.  ILWU_release_2_5_15

Looks to me like the ILWU does not want to settle. They want PMA to lock them out, then the Government to force them back to work and to the negotiating table, where they will accept the same deal they were offered before the lockout.

The ILWU leadership wants to be able to blame PMA and the Government for forcing them to accept the “shit sandwich” (ILWU’s own description) deal they end up with.

The ILWU leadership is doing their membership and their Employers a disservice by refusing to do their jobs, and explain the PMA offer and why they do not like it.

They are creating a whole new generation of workers who have animus toward their employer, especially when Bobby O gets on the mic, throws his middle finger in the air, with his son at his side, and screams “fuck PMA,” while leading the ILWU parade.

Time to knock it off and do your jobs, ILWU leadership.

Stop trying to get locked out and negotiate a contract.