Category: Default

Local 19’s Chief Ball Washer Rich Austin and his PMA buddy Doug Stearns.

On September 27, 2016, the original Section 13.3 discrimination complaint against the Local 19 dispatchers, for putting names on dispatch slips prior to the start of dispatch, was stopped by Rich Austin who refused to allow his member to be represented by another American/Mexican member, from Local 13.

On September 27, 2016, 2 letters were given to Doug Stearns; one asking for a copy of the 30-day rule for filing complaints in Seattle and one thanking him for agreeing to research the question of representation at discrimination hearings and providing him with CLRC Minutes from 1963 and 1984 as well as notes from the 1979 Arbitrators Conference.

To-date both Rich and Doug have refused to respond to the member regarding the question of his representation by another A-man during his Section 17.4 hearing, for his Section 13.3 discrimination, despite being assured by PMA that they would be getting back to him with an answer.

If a discrimination complaint filed under Section 13.2 allows a member to be represented by a Class A-man of his choosing, what possible reason could there be for denying members the right to be represented by a Class A-man of their choosing for their discrimination complaints, filed under Section 13.3, other than racism and a desire to frustrate members activity for or against the union?

Rich Austin and Doug Stearns intentionally failed to notify the member regarding the question of representation by another A-man during his Section 17.4 hearing, prior to rescheduling his hearing, and intentionally failed to notify him in a timely manner of his rescheduled hearing, and now they get to explain why to the NLRB.

Or for those who prefer PDF format: nlrb-19-cb-189424-local-19 & nlrb-19-ca-189562-pma.

What the hell do these guys think they are doing?

More to come………

 

Round 1 went to the little guy. The Judge denied TTI’s and SSA’s motion for a Temporary Restraining Order.

Or for those who prefer PDF format: us-district-court-order-denying-tti-ssa-motion-for-tro.

If you think that slowed down the lawyers with the big underwear, you would be mistaken.

The day after the Judges’ denial they filed the following paperwork, doubling down on trying to pressure the little guy into dropping his Small Claims case.

Or for those who prefer PDF format: tti-initial-disclosures

Check it out, 15 witnesses, none of whom were in Small Claims Court, and all of whom may or may not have anything to say.

This is a classic lawyer put-on; a mixture of word fogging and half truths with the illusion of relevancy, pretending to have what they lack.

According to Sydney C. Schweitzer, in his book Winning with Deception and Bluff; “To manipulate the ordinary so it looks extraordinary, is the highest form of deception.”

The lawyers with big underwear are taking an ordinary Small Claims case over $515, and trying to make it look extraordinary by claiming their clients will be “stripped of their collective bargaining rights” if the case is even allowed to go forward.

They are well aware of the Robert K. Frazier, an individual v. ILWU Local 19 and PMA, [westlaw-frazier-case]  where it is clearly spelled out that an individual only has the right to file 2 kinds of complaints under the PCLCD: Discrimination grievances under Section 17.4, and a grievance regarding job dispatching under Section 17.73 related to individuals returned to the dispatch hall by the Employer.

The Small Claims Court case is neither a claim of discrimination nor a claim that someone was improperly returned to the dispatch hall by the Employer, and therefore not covered by the grievance procedures of the collective bargaining agreement.

Round 2 has yet to be determined.

More to come……

 

If you think that the ILWU are the only thugs on the waterfront, you are wrong.

TTI and SSA are going all in to beat down a longshoreman from Local 19, Seattle, who dared to file a $560 Small Claims Complaint for wages lost because of the actions of the Employer, and by all in I mean lying like rugs.

TTI’s Representative on the Seattle JPLRC decided to help Rich Austin’s buddy Local 98 President Scott Reid beat down a Local 19 member, who dared to question his actions and decisions, by making sure that they did not process his grievance until after the afternoon dispatch so he would miss a job.

TTI’s Representative on the WB JPLRC, and Reid, rubbed it in his face by granting another longshoreman’s request to have his case heard so he could get to the 3 PM dispatch, while he was made to wait.

Rich Austin has stated to his members that he will not process any grievances that he does not want to, and there is nothing they can do. He is right, the Union owns the grievances and the individual filing the grievances can do nothing about it once they give it to the Union, with the exception of Section 13 discrimination complaints.

The Local 19 longshoreman knew that if he filed a regular grievance Rich would just kill it, so he did something that has not been done since Harry Bridges ran the Union, he educated himself and got creative.

Karey found a Washington State Law that allows employees to file claims for lost wages against employers who are responsible for the loss, and he filed a Small Claims Court suit against TTI and SSA for causing him to miss dispatch and lose wages.

TTI and SSA responded to the $560 Small Claims complaint by filing their own lawsuits claiming the matter needs to be moved to Federal District Court, and threatened Karey claiming he will have to pay all their court costs and lawyers fees.

Here is where the big time lies start to fly, because in order to get an injunction TTI and SSA have to show that if the Small Claims case does not get moved to Federal Court they will suffer irreparable harm.

Here is the big fat lie of Robert Johnson, Vice President of Labor Relations for TTI;

Or for those who prefer PDF format; declaration-of-robert-johnson-tti-vp-lr.

The Employers cannot bring their lawyers into Small Claims Court so they decided to use their lawyers to file an Injunction in Federal Court claiming, TTI will be stripped of their collective bargaining rights if the Small Claims case is allowed to go on.

According to PMA; “Like most collective-bargaining agreements, the PCL&CA generally allows only the parties to the agreement access to the grievance and arbitration process. Individual workers generally cannot advance a grievance to arbitration.”

Individual workers do not have the right to file a grievance like the one Karey filed in Small Claims Court.

TTI’s and SSA’s collective bargaining rights will not, and cannot, be “stripped” by one longshoreman filing a Small Claims Court case related to something not covered by an agreement he is not party to.

Robert Johnson is a lying sack of shit, and his declaration is proof.

What kind of assholes file in Federal Court, naming someone else as plaintiff, then threaten to bill them tens of thousands of dollars unless they drop their $560 Small Claims case?

Rich Austin’s buddies at TTI and SSA, that’s who.

Is the Judge they are trying to dupe going to allow TTI and SSA to move Karey’s Small Claims case to Federal Court, using flat out lies?

We will let you know……

 

Check out the latest Inside the E-Board.

Or eric-inside-the-e-board-10-24-16 if you prefer PDF format.

 

Local 13 had 2 no-quorum Executive Board meetings, rumor has it President Bobby O Jr. decided to put out an attendance sheet at last weeks E-Board that he failed to attend. He was at the Union meeting in Tacoma telling Local 23 members that Local 13 lost 800 jobs to the 2 robot docks in LA/LB, so far.

Local 13 members have not seen the “Agreements” negotiated by Bobby, nor have they been told that they have lost 800 jobs to the robots, so far.

That explains why the casual cards have been so slow in coming, there is not going to be any more longshore registrations for a long time. There is no need. The employers have a guaranteed source of labor that they do not have to pay benefits to. Why would they agree to hire more longshoremen? So they can pay them PGP?

While Bobby was here he could have explained to both Deano and Rich that in LA longshoremen are allowed to attend JPLRC meetings, and they can have any longshoreman they want represent in front of the JPLRC.

Thanks Deano and Rich for the free publicity. Keep telling your members not to read this stuff.

If you want to work as a longshoreman, you had better become a mechanic.

After the robots take over, they will be the only longshoremen left on the docks.

Chug, chug, chug…..

 

The only thing missing from yesterday’s Seattle JPLRC meeting was the white sheets and those pillow cases with eye holes cut in.

Grand Wizard Rich Austin Jr., and his boy toy Dougie Stearns from PMA, told 2 members form Local 19 that they could not attend the JPLRC meeting, and that they could not help represent each other, then locked them out of the PMA offices to wait in the parking lot, all day, until their grievances were discussed.

The way they did what they did, makes it racist behavior.

The way little white guys like Rich Austin treat others, others that they are supposed to be representing, that determines whether or not their behavior is racist or not.

When little white guys like Rich Austin refuse to allow you into meetings you have a right to attend, and refuse to explain their reasons, or put what they are saying in writing, while aggressively and with anger, forcing you out of a room and slamming the door on you, it becomes obvious that they are racists.

Rich, you are a pathetic little racist, who doesn’t know shit from shineola when it comes to labor relations.

Rich you are an embarrassment to Local 19 and the entire ILWU.

How do you square your behavior with the ILWU motto; an injury to one is an injury to all?

This is not over Rich, it is just starting.

Definitely, more to come……

 

When Union member Eric Aldape showed up in Seattle last Friday, to help a Union Brother by representing him in his Section 17.4 hearing related to his Section 13.3 claim of discrimination, Local 19’s President, Rich Austin said he was not going to allow it.

Rich turned white as a ghost when he saw that Eric was standing outside his Local, then told Eric that he had been disrespected because Eric did not call and tell him he was coming to Seattle.

The rest of the boys were pretty wigged out as well. One actually came over to Eric and asked why he was touching the truck he happened to be standing next to while he was waiting outside the Local. Nice guy.

The fun really started when they sat down to begin the hearing and Rich told Karey to sit next to the court reporter, which is where the person who will be doing the talking sits.

Eric said no, he would be sitting there as he was Karey’s representative and would be doing the talking.

Rich said no, stood up, said he wanted to caucus, and left the room.

Rich told Eric and Karey that only Karey could present his case, that Section 13.2 allows for representatives but not Section 13.3, because 13.3 claims are processed under Section 17.4 and that language says, “the man” may present his case.

Rich and others told Eric and Karey that the Green Book does not apply because this is a Section 17.4 hearing.

Eric provided CLRC Minutes regarding representation and a copy if the argument he made when he represented 2 Local 13 A men at their Section 17.4 hearings, and was told the CLRC Minutes don’t apply.

After about an hour, and a lot of phone calls, PMA said that they were going to cancel the hearing to research whether or not Karey can be represented by another A-man in his Section 17.4 hearing.

Once again, PMA protected a longshoreman from his “Union.”

Longshoremen have been representing their brothers since 1934, but Rich Austin said NO, he will not allow that to happen.

What kind of pathetic Union leadership is that, Rich?

Looks like Eric will be getting another flight to Seattle, but he won’t be flying First Class like Rich Austin does.

To be continued….

What I would like to know is, why did it take so long for someone to do what Eric is doing?

                                                                         and

Is he the only one that walks the walk, when it comes to; an injury to one is an injury to all?

 

 

When Rich Austin, Local 19 President, was confronted by one of his members regarding his flying First Class when on Union Business, he admitted that he did and proudly added that a Trustee had approved it.

Yup, Local 19 Trustee and Labor Relations Committee Representative, Justin Hurch approved Rich’s First Class travel, because he is a good lackey and wannabe Ball Washer.

Does anyone really think that the Local 19 membership wants to pay for Rich to fly First Class?

Come on Rich, stop fucking your members around and do your job.

You are not, and will never be Big Bob.

 

When a member asked for the Minutes from Local 23’s April 2016 JPLRC Meeting, this is what he got.

What are Dean McGrath and Rich Austin hiding?

Could it be that they are screwing their own members over, and lying to the Employers about what they are doing?

Yes, yes it could.

“Employees have a Section 7 right to discuss discipline or disciplinary investigations involving their fellow employees,” according to Banner Health, 358 NLRB No. 93 and other NLRB Decisions including the following Advice Memo.

It started with the bullshit blanket confidentiality claim in the Special Grievance Handbook related to Section 13.2 Discrimination  “privacy rights,” which do not exist in the work place unless it is to protect the employers “legitimate and substantial business justification,” and now bullyboy Union Officials like Dean McGrath and Rich Austin have taken it to a new level.

The NLRB is now investigating Amended Charges against both Local 23 and Local 19 related to their thug practices.

Not everyone is afraid of bullies like Dean and his little helper, Rich Austin.

Both of them have some “esplaining” to do the NLRB investigator, then we will see what kind of Minutes they give to members.

Fuck both of you motherfuckers.