Tessier's ILWU Labor Relations Newsletter
One of the B-men deregistered by Local 23 has filed a NLRB charge against the Union for violating his rights.
If you, or someone you know, were deregistered within the last 6 months and they want to do something about it they need to call the NLRB in Seattle at 206 220-6300, ask to speak to the duty officer, and file a charge.
We can’t help you, if you don’t want to help yourself.
Do not let a few corrupt Union officials take your job, and give it to one of their buddies.
David Miller got fired for refusing to throw a picket line Arbitration.
Looks like the new Arbitrators didn’t want to get Millered for refusing to throw this picket line Arbitration.
Just so you know. A picket line cannot be valid unless the picketers have a valid labor agreement with the employer they are picketing.
This picket line was organizational and/or informational.
The superintendents at Pasha did not have a labor agreement, therefore they could not have been on strike.
This is as phony as a 3 dollar bill, and taints every other Arbitration Decision issued by the employees called Arbitrators.
Or for those who prefer PDF; SCAA-001-2018.
If you were the victim of one of these phony Arbitrations and you want to do something about it, especially if it was a Section 13 Award, send a copy to us and we will use it to fix this broken system.
Speak now, and help yourself and others, or prepare to get abused by Big Baby McEllrath and his Coast Committeemen, Frank Ponce de Leon and Cam Williams.
Send your decisions to [email protected].
According to the new ILWU/PMA Arbitrators assault now gets you 1 month off work, not the minimum 1 year required by Section 17.821 of the PCLCD.
Last year after the new Arbitrators were installed, a lady longshoreman in LA/LB was assaulted on the job by a man.
She claimed she was assaulted in a Section 13.2 discrimination complaint and new ILWU Arbitrator, Mark Mascola, found the man guilty of discrimination, and assault, and gave him 1 month off work. 1 month off for assault.
Apparently the new arbitrators don’t have Section 17.821 in their copy of the PCLCD.
I thought that maybe the new assault penalty was related to the Section 13.2 procedure, but no it is related to the idiot Arbitrators employed by the ILWU and PMA.
Now I see it is just the new Arbitrators and the ILWU/PMA applying their WIFL (Whatever I Feel Like) method of labor relations and contract interpretation.
According to Award PSAA-0007-2017 workers involved in physical altercations on the job (assault) are now given 12 months off work with 11 suspended, if your name is Conrad Spell and you are a past President of Local 23.
I know the ILWU and PMA Arbitrators are unqualified chumps picked because they will do what ever they are told, but I did not know they reached to the bottom of the barrel to pick their “neutral professional.”
Apparently the “neutral professional” can’t read a contract, or has decided to do what ever he is told so he can collect his $12,000/month bribe (salary).
I particularly like the part where the Arbitrators decide Conrad is guilty because the JPLRC was discussing a penalty. WOW. Did not know that discussing a plenalty proves a person is guilty.
What online law school did the neutral Arbitrator go to? Trump University?
This is what happens when idiots are in charge at PMA, and the inmates are allowed to run the asylum.
Pathetic is what it is, simply pathetic.
This ain’t over…….
Mark Mendoza, Victor Hudak, Bob McEllrath, and Chris Viramontes ought to feel real proud of themselves for kicking the ILWU’s top activist out of the Union, for Christmas.
The family values of the ILWU are once again trashed by these Grinches, who dare to call themselves Union leaders.
Read for yourselves the letters they gave to this X-ILWU family this Christmas.
Chris Viramontes is trying to hide behind a veil of confidentiality that does not exist. He and his former business partner, Arbitrator Mark Mascola conspired to deregister a member because they did not like his political cartoons. Mascola deregistered a member because he damaged Chris Viramontes reputation.
His reputation? Yes. His reputation.
Look in your PCLCD, and tell me what Section covers reputations.
This is what happens when a member dares to question the current leadership of the ILWU.
This is also why Union membership is dropping and only about 10-20% of the ILWU membership go to Union meetings or vote in Union elections.
This is what you get when your Union is run by a closed Facebook Group of about 1300 morons.
To further add insult to injury Mark Mendoza, Victor Hudak, Bob McEllrath, and Chris Viramontes kicked the member off the Grievance Committee he was elected to, based on flat out lies, and gave him the following letters for Christmas.
It was not enough to deregister the member and then call Local 23 in Tacoma to tell them not to dispatch the man to their non-PMA rail ramp, they are going to kick him off the Committee he was elected to and out of the Union all together.
Does not matter how many free meals you give out, or toys you buy for needy kids, when you treat your own family like this man and his family are being treated by your Union, you are scum and going to hell.
Any self-respecting member who stays quite about this is guilty by association, and better start looking over your shoulder because you are next.
Fuck you Mark Mendoza, Victor Hudak, Bob McEllrath, and Chris Viramontes.
Merry Christmas.
Little Richie Austin and his buddy Dougie Stearns have given their “final answers” to the NLRB’s Consolidated Complaint regarding Dispatcher Greg Anthony’s belly bumping Karey Martinez across the Dispatch Hall while threatening to kick his ass.
Local 19 is about to find out that you do not get to wear Thug t-shirts to work,
then claim that you have no idea why your employee would act like Greg Anthony.
Here are Local 19’s and PMA’s answers to the NLRB’s Consolidated Complaint and Notice of Hearing;
Or for those who prefer PDF; Local 19 Answer to Belly Bump Complaint.
Or for those who prefer PDF; PMA Answer to Belly Bump Complaint.
Trial scheduled for March 20, 2018, at the NLRB in Seattle.
But first there is the Trial on January 23, 2018, on Local 19’s refusal to provide unredacted JPLRC Minutes.
Get ready to get your ass kicked Richie.
What did Local 19 LRC Representative Paul Wasbrekke think was going to happen when he started wearing Thug t-shirts like this to JPLRC meetings?
Does it surprise anyone that a wannabe thug like Dispatcher Greg Anthony would act the way he did on August 7, 2017, when he belly bumped a member across the dispatch hall while threatening to kick his ass?
Loud mouth bully Rich Austin and his crew have been throwing their weight around, threatening and intimidating any longshoreman who dare to disagree with them or question them in any way.
Now PMA and Local 19 and the Seattle JPLRC get to explain to the NLRB what their employee, dispatcher Greg Anthony, was doing belly bumping and threatening a member who dared to stand up to him.
Check out the Complain and Notice of Hearing Local 19 and PMA just received;
Or for those who prefer PDF; Belly Bump Complaint and Notice of Hearing.
Actions have consequences.
On March 20, 2018, Rich Austin and Greg Anthony get held accountable for their actions.
Time to stop the bully boys of the ILWU.
It only takes one member to step up, but DO NOT expect that it will stop unless every member steps up and says NO to the bully boys like Rich Austin, Greg Anthony, and Big Baby McEllrath.
Chug, chug, chug……
Check out the settlement posting that will be up for 120 days in Seattle.
Rich agreed to stop bad mouthing the NLRB and telling longshoremen not to go “outside.”
Big Baby agreed to send every longshoreman, including casuals, in the Port of Seattle a letter telling them that Section 17.15 does NOT stop workers from going to the NLRB, before exhausting the grievance procedures of the PCLCD.
ONLY Seattle, Big Baby and his stooges Frank Ponce de Leon and Cam Williams plan to keep telling the rest of the ILWU that they have to exhaust the contract grievance procedures, so they will be untimely when they try and go to the “outside.”
Or for those who prefer PDF; NLRB Case 19-CB-190139 Settlement posting & NLRB Case 19-CB-190139 & 19-CA-195788 Settlement posting.
Check out the Settlement Agreement if you are interested in the details of the mailing of the CLRC letter to everyone in Seattle; SET.19-CB-190139.joint settlement agreement 10-19-17 v4-2
It is official. An injury to one is no longer an injury to all.
Thanks Big Baby.
Ask yourself; if the Union is willing to withhold this information about Secton 17.15, what else are they not telling you?
A lot.
Ask for the JPLRC Minutes and see for yourself.
The Rich Austin and Doug Stearns show at the Seattle JPLRC, has earned them another Complaint from the NLRB.
On Friday, October 27, 2017, Region 19 found merit to the following charges related to Greg Anthony’s belly bump.
Or for those who prefer PDF; NLRB Case 19-CB-204318 Belly Bump charge against Local 19, and NLRB Case 19-CA-204276 Belly Bump charge against PMA.
Here is the story about the Belly Bump felt up and down the West Coast.
On or about September 6, 2016, Martinez filed a Section 13.3 discrimination complaint against the Local 19 dispatchers for placing names on dispatch slips prior to the start of dispatch, and had a Section 17.4 hearing scheduled by the JPLRC for September 27, 2016.
On September 26, 2016, the day before his hearing, Martinez noticed the dispatcher had again placed names on dispatch slips, prior to the start of dispatch, and he asked dispatcher Darren Woeck why they were continuing to place names on the dispatch slips prior to the start of dispatch. Woeck asked if Martinez was recording him, then accused Martinez of threating him, stopped dispatching, and went to talk to the PMA Observer.
On September 27, 2016, Local 19 President Rich Austin and Doug Stearns from PMA refused to allow Martinez to be represented by Class A longshoreman Eric Aldape at the Section 17.41 hearing regarding his Section 13.3 Complaint against the Local 19 dispatchers for placing names on dispatch slips prior to the start of dispatch.
On October 27, 2016, Local 19 provided Martinez a copy of a Union Complaint filed against him by dispatcher Darren Woeck, containing his allegations of what happened during dispatch on September 26, 2016.
Local 19 is well aware of the 9th Circuit Court of Appeals Decision involving Local 19 member Robert Frazier’s claim that he was assaulted by Local 19 Business Agent, Steve Perkins, wherein the Union said members did not have the right to file complaints against other members, except Section 13 Discrimination complaints. (westlaw-frazier-case)
Local 19 is also aware of the Coast Labor Relations Committee Minutes from meeting #21-12, held October 9, 2012, wherein it states;
“According to the plain language of Section 17.81, only the Employers have standing to file a complaint under Section 17.81.
Individuals seeking redress for a physical altercation with another worker that is not otherwise covered by Section 13.2 may complain to the Employers (or the Union may complain to the Employers on the individual’s behalf), The Employers should reasonably investigate the allegation and, if sufficient probable case is determined, the Employers should file and prosecute a complaint under Section 17.81.”
Woeck’s grievance against Martinez involves the incident which occurred on September 26, 2017, in the dispatch hall, was reported to the PMA observer at the time it happened, and no Employer Complaint was ever filed.
On November 7, 2017, Martinez appeared at the JPLRC at Local 19, on his own (without being cited), to ask about the rescheduling of his “13.3 hearing.” He was assured by Andrea; “that I would be shortly hearing back from the Pma about being able to have a advocate and the 13.3 hearing.”
Martinez does not recall any discussion related to the Union Complaint filed by Woeck.
On November 28, 2016, Martinez wrote to PMA and asked when he was going to get his Section 13.3 hearing. PMA did not respond.
On December 1, 2016, Martinez went to the JPLRC meeting on his own again (without being cited) to discuss his Section 13.3 complaint against the dispatchers for placing names on dispatch slips prior to the start of dispatch, and to get an answer to his request for the 30-day rule for filing complaints in Seattle.
Martinez asked when he was going to get an answer to his question related to representation at Section 17.41 hearings, and when the hearing scheduled for November 28, 2017, which he was not notified of in a timely manor, was going to be rescheduled.
Martinez did not know the JPLRC was going to process the Union Complaint filed by dispatcher Woeck related to the September 26th incident, as he had received no notice from the JPLRC.
Martinez was asked who his witnesses were. He was a little stunned by the questions and while he was thinking of what he was going to say, Tom Clay from TTI blurted out, “We know what you did.”
Martinez thought Tom’s statement was odd, but he decided to answer and told the JPLRC who his witnesses were and left the meeting.
On January 25, 2017, Martinez wrote the Seattle JPLRC and again requested a copy of the 30-day rule, a response to the question of representation at his Section 17.41 hearing, and the rescheduled date for the hearing. The JPLRC did not respond.
On January 30, 2017, Martinez filed another Section 13.3 discrimination complaint related to the dispatchers continuing to place names on the dispatch slips prior to the start of dispatch.
On February 15, 2017, the Seattle JPLRC wrote to Martinez denying his Section 13.3 discrimination complaint. He was given 3 copies of the same letter, each with a hand written notation indicating which of is complaints was being denied. The letter states his claim is not proper, but does not explain why.
On February 24, 2017, the Seattle JPLRC wrote Martinez a “Letter of Warning,” telling him he was guilty of violating Section 17.125 of the PCLCD.
Section 17.125 of the PCLCD spells out the duties of the JPLRC. Martinez cannot be found guilty of violating the duties of the JPLRC.
Complaints are filed under Section 17.81, and according to the plain language of Section 17.81, only the Employers have standing to file a complaint under Section 17.81. No Employer Complaint was filed.
On February 28, 2017, Martinez appealed the decision of the Seattle JPLRC to deny his Section 13.3 discrimination complaint to the CLRC in accordance with Section 17.42 of the PCLCD. The CLRC has not responded.
On July 7, 2017, upon receiving the Region’s decision to dismiss, Martinez became aware that the Union Complaint filed by Woeck had been heard by the JPLRC at the November 2016 meeting and at the December 2017 meeting, and he requested the Minutes from both meetings.
The JPLRC Minutes for both the November 2016 and the December 2016 meetings are nearly identical. Both falsely claim that the line jobs that Martinez was complaining about, were 28 day line jobs being offered to individuals on the lines board.
Woeck flat out lied to the JPLRC about the jobs in dispute. There are 8 photos of the jobs in dispute and show they are 8 hour lines jobs, for the barge that hauled away the Big Bertha tunnel debris, and 1 photo to show what a 28 day lines order looks like.
The JPLRC knew what jobs were in dispute because Eric Aldape told them on September 27th at the first Section 17.41 hearing, before it was canceled.
The JPLRC knew the jobs in dispute were not normal tie up or let go lines jobs, they flat out lied about that.
The JPLRC also flat out lied about citing Martinez’s witnesses, Thomas and Mitchell.
The JPLRC claims in the November Minutes that they are going to cite both Thomas and Mitchell, but never did.
The JPLRC claims in the December Minutes that Thomas and Mitchell “declined to appear as witnesses.” Individuals cited to appear do not have the option of declining.
Thomas and Mitchell did not decline to appear; they were never contacted.
On August 7, 2017, Martinez was assaulted by Dispatcher Greg Anthony who belly bumped him across the Dispatch Hall because of a comment Martinez made related to Anthony’s testimony, as reported in the December 2016 JPLRC Minutes, regarding Woeck’s Union Complaint.
For those who don’t know, the belly bump is the standard move intended to provoke a response that will allow belly bumper to justify their next move; either a phony Union Complaint or a beat down depending on the person involved.
Now Local 19 and PMA will have 2 weeks to decide if they want to settle or have a Complaint issued and go to trial.
What do you think they will do?
Check out the subpoena that head ILWU attorney Rob Remar served on me.
Of for those who prefer PDF; Subpoena 19-CB-190139.
In case you forgot, here is the Order Consolidating the Cases and spelling out the violations alleged by Region 19; 19-CB-190139 and 19-CA-195788 Complaint and Hearing Order.
This is what it looks like when Big Baby McEllrath sicks his little rat dog lawyer on you.
He is asking me to bring every document I have from every case I have had over the last 27 years.
Nice try Robby.
Or for those who prefer PDF; Request to revoke subpoena re 19-CB-190139 et al.
The best part of the subpoena was the check from Schwerin, Campbell, Barnard and Iglitzin, the law firm owned by the “neutral,” “outside the industry,” Coast Appeals Officer; Larry Schwerin.
Big Baby appointed a lawyer who has represented the ILWU for over 30 years, whose firm still represents Locals 19 and 23, as the “neutral” professional from “outside the industry.”
Big Baby is the most corrupt President the ILWU has ever had at its helm, the Coast Appeals Officer oakadoke is just one of his frauds.
I am looking forward to sitting at the table across from Big Baby and his minions on October 24th in Seattle.
More to come….
Can’t stop Rich Austin from screwing over casuals who are not related to him.
Or for those who prefer PDF; Local 19 Casual double-back rule 7-7-17
In an all out effort to boost his kid’s chances at registration, Rich Austin persuaded the idiot running PMA in Seattle, Doug Stearns, to agree to allow casuals to double-back, but decided NOT to count the hours toward registration.
What possible reason could Rich have for not giving the casuals who double-back, credit for their work experience?
The casuals in Tacoma who double out get their double-back hours counted toward industry experience, the current basis for registration. See Supplement I-A, item 6, page 173 of the 2014-2019 PCLCD.
Or for those who prefer PDF; Supplement 1-A item 6.
Is the reason that Rich’s kid, or some other Officer’s kids, have a second job and can’t double-back?
Why are Seattle and Tacoma allowing casuals to double-back instead of requiring PMA to register more men/women?
What are the LA/LB casuals going to say about Seattle and Tacoma casuals being allowed to double-back, when they are not? It is the same contract.
Ask Local 13 President, Mark Mendoza, when he is going to let Local 13 casuals double-back?
Is Rich trying a reverse of the Jayne’s Rule scam, that he learned from his daddy?
In 1990 Jayne got experience credit for work, while he was off-work due to a job related injury.
Rich and Dougie want to NOT give experience credit for work actually done? For what reason?
Did the CLRC approve this, like Rich’s daddy did with Jayne’s Rule? CLRC Meeting 8-90.pdf Jayne’s Rule
Rich you are pathetic excuse for a Union Official, just like your daddy was.
Expect a Section 13.3 grievance and an NLRB charge, for both you and your buddy Dougie.
More to come…
