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.
Agents or employees?
That depends on whether they are coming after you or, you are going after them.
According to documents filed with the NLRB by both the ILWU and PMA, dispatchers are NOT agents of the JPLRC.
They sure act like agents when they call all the shots related to dispatching and when they order people around the dispatch hall.
However, if one of them belly bumps you across the hall and threatens to kick your ass, they are NOT agents of the ILWU and PMA.
Just another example of the; heads I win, tails you lose, management style of the corrupt morons currently in charge of the ILWU and PMA.
Trial is set for 9am in March 20, 2018, at the NLRB.
Come and watch the lawyers for the ILWU and PMA lie like rugs.
I’ll be there, I got subpoenas from both the ILWU and PMA.
Here is a copy of the memo Eric sent to Dean McGrath after the phone call he had with him on March 1, 2018;
Eric faxed the memo to Local 23 along with a copy of the Pacific Rail Ramp Agreement and the posting and Settlement Agreement from Case 19-CB-1075222 et al.
Dean must have noticed that Eric sent a copy to his lawyer because he decided to respond in writing.
Dean, you really should have considered the consequences of putting your lies in writing.
Here is Deans response to Eric;
For starters, Eric is not some job hunter looking for “work opportunities at the Port of Tacoma,” he is a dues paying, voting, member in good standing of the ILWU, and has been so since 1999.
Eric was not deregistered from “the industry.” Eric was deregistered under the PCLCD.
In case no one told you Dean, “the industry,” is bigger that just the ILWU/PMA Agreement.
Also, in case no one told you, being deregistered DOES NOT have anything to do with Union membership. The words registered and/or deregistered do not appear in the Constitution of Local 13, or the International’s Constitution.
The first charge related to Local 23 refusing to dispatch Eric to the non-PMA SIM rail ramp resulting in NLRB Case 19-CB-107522 et al Settlement Agreement and the following posting, was based on the truth;
The NLRB decisions referred to in Dean’s memo are based on his lie, contained in the last sentence of his memo.
Dean claims Eric is not allowed to be dispatched to the non-PMA SIM rail ramp job because he is “not eligible to line up for dispatch out of the Tacoma JPLRC dispatch hall.”
The non-PMA SIM rail ramp job is NOT dispatched out of the Tacoma JPLRC dispatch hall, it is dispatched “through the office of the Union.”
The words “JPLRC dispatch hall” do not appear in the Rail Ramp Terminal Agreement because it is NOT a PMA Agreement
The proof that Deano is a liar, is the letter PMA wrote in response to a claim that Eric working at the SIM was a violation of the Arbitration Decision placing him on no-dispatch to PMA jobs.
In January 2017, Eric was placed on 1 year no-dispatch for his political cartoon about the Walking Boss shape-up going on every night in Los Angeles.
Eric came up to Tacoma, told the dispatcher he was on no-dispatch to PMA but he was a member in good standing and was dispatched to the non-PMA SIM rail ramp.
Eric worked for 2 weeks, until Dave Basher told him he was not allowed to be dispatched because of an alleged letter from the CLRC. A letter that does not exist.
Local 13 and John Seixas claimed that Eric’s working at the SIM was a violation of the Arbitration Decision placing him on no-dispatch.
PMA responded with the following letter;
According to PMA there is no work record for Eric from January 1, 2017, forward.
PMA has no knowledge of Eric working at the SIM rail ramp because it is a non-PMA job, is not dispatched through the ILWU/PMA dispatch hall, and the payroll for work done at the SIM is not processed by PMA.
Dean is a liar.
Eric was not deregistered from the industry, and the job Eric is seeking is not dispatched through the Tacoma JPLRC dispatch hall.
Interesting how Dean is so concerned abut his family that he begged the Coast to pay for his kids to fly to San Francisco, and when he was turned down he and Dave Basher decided to steal the money from the members of Local 23, but he does not give a damn about Eric’s family when he refuses to dispatch him based on lies.
Dean is a liar and a hypocrite, pretending to be a Union leader.
Harry Bridges’ statue should be removed form Local 23, they do not deserve it.