When asked to explain who Local 13 paid money to, as reported on their 2103 LM-2, the Local admitted to paying the following (volunteer) members of the 2013 Executive Board:
Christine Aguirre – $1,662
Joe Cortez – $7,132
Mike Dimon – $1,562
Jesse Enriquez – $3,359
Sunshine Garcia – $832
Mark Jurisic – $1,141
Jeff Linares – $1,160
Steve Mejia – $1,427
Bobby Olvera Jr. – $10,459
John Solaro – $831
Greg Viramontes – $457
Scott Walker – $1,141
The LM-2 reporting procedures require “ALL” payments to union officers be listed in Schedule 11 and an “Officer” is defined to include “any member of its executive board or similar governing body.” Mark Williams failed to report any of the payments make to the Executive Board members.
Local 13 claims they reported the E-Board payments as payments to employees making less that $10,000, which do not have to be itemized.
However, the LM-2 reporting procedures require reporting payments made to employees in Schedule 12 which requires itemization for those paid over $10,000 and allows “All Other Employees Making $10,000 Or Less” to be lumped together, and Mark Williams claimed $0 on that line.
Do you think the DOL will do anything about this false reporting, or will the ILWU be able to do what ever it feels like?
The Local 13 2013 LM-2 signed by Mark Williams on March 28 2014, contains false statements and intentionally misrepresents material facts, in direct violation of the LMRDA reporting requirements.
Mark Williams intentionally failed to properly list all the labor organizations officers and report all salaries and other direct and indirect disbursements to officers during the reporting period, when he failed to list payments made to Executive Board members.
During the 2013 reporting period Local 13 paid 12 members of the 25 member Executive Board, as unidentified employees earning less than $10,000 which in turn was not reported as required, and it was Mark Williams that failed to properly report the information as required.
The president and treasurer or the corresponding principal officers of the labor organization required to sign Form LM-2 are personally responsible for its filing and accuracy. Under the LMRDA, officers are subject to criminal penalties for willful failure to file a required report and for false reporting. False reporting includes making any false statement or misrepresentation of a material fact while knowing it to be false, or for knowingly failing to disclose a material fact in a required report or in the information required to be contained in it or in any information required to be submitted with it.
The president and treasurer or the corresponding principal officers of the labor organization required to sign Form LM-2 are personally responsible for its filing and accuracy. Under the LMRDA, officers are subject to criminal penalties for willful failure to file a required report and for false reporting. False reporting includes making any false statement or misrepresentation of a material fact while knowing it to be false, or for knowingly failing to disclose a material fact in a required report or in the information required to be contained in it or in any information required to be submitted with it.
The reporting labor organization and the officers required to sign Form LM-2 are also subject to civil prosecution for violations of the filing requirements. Section 210 of the LMRDA (29 U.S.C. 440) provides that “whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate.”
Under the CSRA and FSA and implementing regulations, false reporting and failure to report may result in administrative enforcement action and litigation. The officers responsible for signing Form LM-2 are also subject to criminal penalties for false reporting and perjury under Sections 1001 of Title 18 and 1746 of Title 28 of the United States Code.
Is this just another example of the ILWU being allowed to do what ever it likes, or is someone (the DOL) going to step up and tell them to knock it off, then make them do it right? Local 13 – LM-2 – 2013
By the way, the Local claims they were audited. Oh my, what a surprise.
Last night at the September membership meeting, Bobby Odor, Mark “the lying sack of shit” Williams and Mondo “I didn’t do it” Porras, told the membership absolutely nothing about the status of the PCLCD contract negotiations. Not one word about the Health Benefits tentative agreement, or any other topic related to the master contract negotiations continuing in San Francisco.
No surprise that the corrupt leadership would continue their mushroom growing strategy of keeping the membership in the dark, and feeding them shit.
What they did say does not bode well for the future of the Longshore Division of the ILWU, who should consider changing their motto to – “It is better than nothing.”
Bobby, Mark and Mondo told the membership the recently ratified PNW Grain Agreement is a good deal, and they are in the business of keeping jobs and putting members to work.
The lying corrupt leadership can keep talking about how wonderful the Emperor’s new clothes look, while the rest of the world can clearly see that he is naked and afraid.
The degree to which the lying corrupt leadership is keeping everything secret, and the way they are singing the praises of the disastrous give aways contained in the PNW Grain Agreement, does not inspire any confidence that the outcome of the PCLCD negotiations will be different than the outcome of the Grain negotiations.
Time to send the lying corrupt Local 13 leadership a message.
Time to elect New Change leadership, like Eric Aldape, in next weeks election.
The recent AP article on the ILWU/PMA Tentative Health Benefits Agreement, by Justin Pritchard ( [email protected]), discusses a number of healthcare benefit related issues including the June 16, 2014, Grand Jury indictment related to fraud against the Union’s plan.
The article goes on to state:
“The Associated Press found evidence of two other federal investigations into clinics that treat dockworkers.
Last year, Department of Labor and FBI agents raided or seized assets of those clinics, one of which was founded by union members. The clinics were based in or near Los Angeles and Long Beach, the two cities with the West Coast’s largest ports.”
One of those other clinics the DOL and FBI raided was Port Medical, founded by ILWU member Chris Viramontes.
Eric is doing a year and a half off work because of his election flier that claimed Chris was a part owner of Port Medical. Chris’ phony 13.2 grievance which was processed by his buddy, fellow bookie, Judge Roy Bean Miller, and Jerry Avila’s lies about what happened in the Local on July 3, 2013, resulted in Eric getting penalized a total of 720 days off work.
Bobby Odor was at the JPLRC meeting where PMA said there was no Section 13.2 violation and they were not agreeable to giving Eric any time off.
It was Bobby Odor, along with Mark “the Mask” Mascola, Harry “Gong” Dong, Mark “the lying sack of shit” Williams, and JoJo “do nothing” Cortez, who called the Arbitrator and demanded that Eric be given time off, despite PMA’s refusal. What kind of Union Officials go after their own member? Local 13’s corrupt scumbag Officials.
It was Bobby Odor that called George Lujan, after he was elected President, and asked him to arrange a meeting with Eric. At the meeting, it was Bobby Odor that told Eric that he wanted to get him back to work, but he has done nothing.
Bobby Odor has been able to put 4 of his longshore friends, and 1 mechanic, on the payroll as special Business Agents to police the docks during the contract negotiations, but he has done nothing to help Eric.
Bobby Odor was able to call the employer and get 2 guys put on the payroll to “babysit” his mother, at the luncheon Mayor Garcetti put on for him at City Hall, but he has done nothing to help Eric.
Bobby Odor told Eric he wanted to help him get back to work, then went out and asked members, including Alberto’s twin brother, to run against Eric for Vice-President. How is that supposed to help Eric?
Eric is still off work as a result of the incident in the alley last July 3rd, but he is eligible to run for office and he (and his family) could sure use the job.
At the end of the day, Local 13 will get the leadership they deserve.
The membership deserves leadership that will be honest, transparent, and above all represent the members best interests.
The membership deserves Eric, but first they have to elect him, either way they will get what they deserve.
