Longshore-labor-relations.com

Jarod Faker and his PMA buddies decided to deregister Local 23 B-man Toby Jackson in November 2017.

According to the following draft Settlement Agreement sent to Local 23 and PMA on December 13, 2018, Jarod Faker and Local 23 violated Toby’s rights and PMA colluded with the Union in violating Toby’s rights.

Near the end of 2017, Jarod Faker and his buddies, Deano McGrath and Dave Basher, decided to “get rid” of some of the B-men they did not like because they were going to be advancing in November 2017.

Jarod and his buddies decided that they were not going to allow Chiropractic appointments to accepted as medical excuses for low hours.

Apparently the brain trust at PMA, I hear they have law degrees now, decided to go along with Faker’s plan and in October 2017 the JPLRC told Toby that the Chiropractic excuses, they had been accepting for years, were no longer acceptable and issued him a Letter of 1st Warning for low hours.

The next month, Toby was cited again by Faker and crew with the standard PMA issued JPLRC cite letter, which told him they had a problem with his excuse, but failed to tell him what their specific problem was.

When Toby appeared, he was told that he had failed to provide any excuse for his low hours.

Toby told the Committee that he had turned in his excuse as usual and was told by Faker that they did not have any paperwork from him.

Toby pulled out a copy of the paperwork he submitted and provided it to the Committee, who told him his paperwork was not acceptable because it was not date-stamped by the Local 23 secretary.

Toby was found guilty of his 2nd low hours violation, and he was deregistered 1 week before he would have been made an A-man.

PMA went along with Faker’s refusal to accept Toby’s medical excuse, because it was not date-stamped by the Local 23 secretary.

Toby handed it to them, at the meeting he was cited to appear at to explain his low hours, and they refused to accept it because it was not date-stamped.

Faker’s idea, and PMA went along. WOW.

Toby went to the NLRB and filed a charge against both Local 23 and PMA.

In December 2018 the NLRB General Counsel in Washington DC decided that PMA was guilty of colluding with Local 23 to deny Toby’s rights and Region 19 sent both PMA and Local 23 the following Settlement Agreement.

If they refuse to settle, the Region will issue a Complaint and Notice of Hearing and we will go to trial.

In case you are wondering what the make whole amount is going to be, here are excerpts from the PMA Annual Report for 2016 and 2017.

Jarod and crew have cost Toby 1 year as an A-man, plus his benefits, and the amount keeps growing and includes interest.

Jarod and crew don’t care. It’s not their money.

When the government gets back to work this will continue…….

Check out the new flier passed out at the Local 13 membership meeting last night.

Steady hammerhead drivers and their Employers have been violating their agreement to send transtainer jobs to the Hall, since 2003, and were covered-up by current International Officers.

Everyone of the Officers listed on the JPLRC Minutes on page 2, except D. Serrato and D. Brunac, were President, Vice-President, or Secretary/Treasurer, of Local 13 after 2003, and refused to enforce the agreement NOT to assign steady hammerhead drivers to transtainers.

The list also includes current International Officers; Vice-President Bobby Olvera Jr, and Coast Committeeman Frank Ponce de Leon Jr.

NOT one of them enforced the agreement, and they all knew what was happening, in fact past President Jo Jo Cortez was doing it himself last week.

This will continue as long as the steady crane drivers employment history is hidden from the Hall men.

Time to put the steady men’s work history in the Records Clerk’s Office, just like the Hall men’s work history is now?

Check out the Fourth Amended Complaint filed in Eric’s lawsuit.

The following file was obtained through the PACER system.

The actual Fourth Amended Complaint starts on page 6 of the following PDF file.

My favorite part is first sentence of item 35, on page 13.

Here is the complete document: 

Enjoy the read, the document speaks for itself.

Call the ILWU and ask them how they plan to fix this.

When did the Union Executive Board meetings become “covered work” and part of the PCLCD grievance procedure?

Since Union Arbitrator Tommy Clark issued this moronic Section 13.2 Decision;

Or for those who prefer PDF; NCGM-0004-2018.

According to the July 1, 2014, Letter of Understanding Regarding Proper Application of Section 13, grievances are only considered valid if they involve “employment covered by the PC&LCA.”

Tommy Clark either can’t read, or does’t care about, what was agreed to in the July 1, 2014, LOU.

What is going on with the ILWU and PMA?

Business Agent Mike Kennedy gets assaulted by a member right outside the dispatch hall related to an EC, but the PMA and Local 23 say it is not covered by the PCLCD?

Members getting time off for nonsense claims of retaliation related to what happened in an Executive Board meeting, like it is not an intra-union fractional quarrel?

Idiots being enabled by morons?

Homey don’t play that!

Deano is about to find out that lying about what happened on September 13, 2018, has far more serious consequences than failing to report the hospitalization of an employee as required by WAC 296-800-32005.

During the investigation, Deano flat out lied about what happened on September, 13, 2018, when Charles Jones assaulted Local 23 Business Agent/Labor Relations Representative Mike Kennedy right outside the dispatch hall.

Here is my appeal of the November 5, 2018, letter from L&I.

Or for those who prefer PDF; Appeal of ILWU complaint response dated November 5, 2018.

And here is the attached file; L&I appeal attachment. Which includes the following memo to PMA’s chief attorney;

Here is the letter full of lies that Deano sent to the L&I investigator.

Or for those who prefer PDF; Deano 10-15-18 response to L&I.

What, if anything, is L&I going to do about Deano lying to a safety investigator?

When I find out, I’ll let you know.

Chug, chug, chug…..

Say goodbye Ray, heard you are going to get to use the new hall. Thanks for your service.

Congratulations Willie. Not bad for a kid from Tacoma.

Big congratulations to Ed. Now the fun starts.

Bobby, ahhhh….. Nevermind, I got nothing nice to say, so I will say nothing.

When do you ratify the Tenative LA/LB steady crane guarantee agreement?

With the exception of Local 10’s past President, Ed Ferris, every one of the listed candidates voted for the 3-year extension and allowed the Contract to be opened to negotiate a pay increase for the LA/LB steady crane drivers guarantee (stay home) pay.

If there ever was a time to do a write-in to show the current leadership that your are not happy about the LA/LB steady men now getting $1,032 per week to stay home for 2 days; now is that time.

Current leadership opened the contract to give  $20 million to 400 steady crane drivers in LA, and nothing for anyone else.

Write in anyone you like, or just don’t vote at all, except for Ed Ferris.

Send the corrupt leadership a message.

Homey don’t play that.

On July 18, 2018, Big Baby McEllrath, ILWU International President, agreed to open PCLCD negotiations to increase the guarantee paid to LA/LB steady crane operators for the 2 days they stay at home each week.

LA/LB steady crane operators get “5 for 7,” which means they work 5 days and get paid for 7.

From a Union Complaint filed by Ramon Ponce de Leon on June 11, 2108, to tentative agreement in 5 weeks.

Or for those who prefer PDF, UC0064_RPonceDeLeon.

$333 per day, for a guaranteed 2 days per week, to stay home, is not enough for the steady crane operators, and just like the GEICO commercial, they want more.

They want more per hour, to stay home, because the base rate has increased and their stay at home pay has not increased. (Except for the $55 paid to the 1st shift and the $34 paid to the 3rd shift steady men, when they work.)

They want more, in the form of second shift pay rates for their first shift guarantee payments, even though that is a direct violation of Pandora’s Arbitration Award SC-9-97.

According to SC-10-97, the corrupt influence of Danny Bags resulted in multiple contract violations related to 2nd and 3rd shift rates of pay being paid for 1st shift guarantee payments.

The same corrupt Danny Bags, who never complied with the Arbitrator’s decision, has now retired and been hired by Local 13 to do arbitrations and help with grievances like Ramon’s.

It was Eric Aldape’s equalization grievances that resulted in the 2015 Crane Training:Pay Guarantee Agreement, which guarantees the hall crane drivers crane pay on any job they do, when they can’t get a cane job.

Do the signatures look familiar?

The LA/LB local agreement regarding crane training and guarantee pay for hall crane drivers was not signed by any of the LA/LB JPLRC members, and was not put into the 2014-2018 PCLCD, even though it was ratified, allegedly.

Does that mean that the new agreement regarding guarantee pay for LA/LB steady crane operators, not signed by any of the LA/LB JPLRC members, does not have to be ratified?

Eric got de-registered for his stand against corruption, is this really ok with the rest of the ILWU?

WOW!

Harry just flipped in his grave.

Great parting gift to the rest of the 13,500 longshore members Big Baby.

What non-steady longshoreman would vote for any of the LA/LB, Local 13 or  Local 63 candidates for International elected officer?

The only way to stop this corruption is to elect new International officers, like Local 10’s past President, Ed Ferris.

Ponce de Leon sold his forklift company to SSA, now he is selling the dispatch hall out for his steady friends and family.

The only way to stop him is to vote the Local 13 and Local 63 bums out.

If not, you deserve what you get.

Yesterday, April 2, 2018, PMA called my friendly NLRB Board Agent to claim that I had violated the non-disparagement agreement reached on March 19, 2018, and demanded that I remove 2 blogs.

On Saturday, March 31, 2018, I received the NLRB poster that Local 19 will have to put up for 60 days. The poster referred to in my March 20, 2018, blog and one of the blogs that PMA demanded that I remove.

I was planning to put the beautiful double eagle poster from the NLRB on my blog, and was thinking of what I wanted to say, when I got the phone call from my friendly Board Agent telling me that PMA had problems with 2 of my blogs.

Before PMA’s complaint, I had decided not to blog the poster PMA agreed to as part of the settlement of the charge filed against them for their part in the Belly Bump incident, but PMA’s phone call changed that.

PMA demanded I remove my March 16, 2018 blog, something I wrote prior to the settlement reached on March 19th.

PMA also demanded I remove my March 20, 2018, blog about the win-win settlement, claiming it violated the non-disparagement agreement.

PMA said if I refused to remove the posts, that they would not put up the poster they agreed to in the settlement agreement.

My response was, tell PMA I refuse to remove either of the blogs; not the one before the settlement nor the one the day after the settlement.

I said, if PMA does not want to put up the poster they agreed to put in the lobby at their office in Seattle, that is ok with me.

It is still a win-win and I won’t disparage it, but I will post the entire settlement agreement on my blog for you to read for yourself.

Documents speak for themselves.

Here is Local 19’s response to the belly bump:

Or for those who prefer PDF; NLRB 19-CB-204318 posting.

Here is the PMA settlement agreement and the poster they agreed to put in their lobby:

Or for those who prefer PDF; 19-CA-204276 settlement agreement.

Or for those who prefer PDF; NLRB 19-CA-204276 posting.

You decide for yourself whether or not my March 20, 2018, blog, violated the settlement agreement.

Homey says: I don’t think so.

The Local 19 belly bump cases 19-CB-204318 and 19-CA-204276 have settled, and both sides can say they won.

PMA and Local 19 got what they wanted; their regular non-admission clause, plus a non-admission clause that says the dispatcher is not their agent.

We got a posting with 2 eagles and the NLRB logo that says;

“WE WILL NOT threaten you physically or intimidate you because you engaged in protected concerted activities.”

As soon as Compliance sends out the Posting, it will be posted here.

Thank you PMA and Local 19, for another win-win Complaint resolution.