Inside the Executive Board – A recap of the highlights of the last Local 13 Executive Board Meeting

E-Board Flier

 

Bobby O Jr. read a 3-page memo from San Francisco outlining the new casual selection procedure, but no one got copies, because it is still secret, just like all the other Bobby O Agreements like the Automation Agreement and the Local 13 Crane Training (aka Make Whole) Agreement.

Seems like new “interest” cards are about to be sent out. Then PMA and Local 13 will have their secret drawing where they will magically draw the names of all the Union Officer’s family and friends, including multiple members of some families; using their special secret procedure, just like they did in Tacoma.

Check out the Local 23 website, they are looking for members to sign up for the “Entry Level Process (lottery) committee.”

What is Local 13 doing? No one knows, it is secret.

Bobby finally admitted that there are no signed Local Dispatch rules, and he wants them to be signed before moving into the new Dispatch Hall.

Bobby tried to make it sound like he was going to hold the signing hostage, until PMA gives him something. If PMA wanted the minutes signed, they would have been signed years ago. PMA does not give a shit. It just shows how stupid Bobby is.

Meanwhile, Mondo, Luke and Catfish have agreed to arbitrate the 9.41 complaints. What 9.41 complaints? Are they complaints filed by the Union or the PMA? How do you bring in a guy for a violation he has no idea has occurred? Not one of the members being charged refused to accept an upgrade.

Is that what they are teaching you at your LA Technical College labor class? Probably not, which makes me wonder who is advising you morons?

The fallout from Bobby’s Make Whole Con has started, with Health/Benefits Officer, Jerry reporting that crane drivers are calling asking where their 2 hours are and, are they going toward the Pension Plan. Bobby’s answer of just saying, “add your hours and do the right thing,” is not going to make this go away.

Little Bobby and Big Bob created this mess when they tried to get around paying the assessments on their “make whole” crane payments. They can fix it by getting PMA to report the hours, and pay the assessments. No one is going to add hours that are not showing up on their pay check stubs. Just do the right thing, boys.

Mondo told the committee that he was representing a 3-time loser casual, who laid down in front of the dispatch window to protest her dissatisfaction with one of the complaints filed against her.

Mondo, Luke, and Catfish are going to make her case one of the first arbitrations before the new Arbitration Panel, which is interesting since they are refusing to process at least 11 Section 13.3 Discrimination complaints, filed by members.

Secretary/Treasurer Victor and Julie have apparently decided to blow off the membership action, which directed Chief Dispatcher Julie not to take the DHA job, while Mondo and the LRC Reps refuse to process the 13.3 Discrimination Complaint filed against her.

Rumor has it, a motion was made to make the DHA an elected position, but was ruled out of order by Bobby. Bobby and his crew keep saying that the DHA job is a PMA pick because they pay 100% of the payroll for the job. Who are they trying to kid, the DHA job has always been a Union pick, and every single pick worked the same way. The Union tells PMA who to pick, and PMA picks them. Then PMA pays 100% of the payroll as a Dispatch Hall expense.

The DHA job should be elected, just like all the other Joint Dispatch Hall positions.

When asked, Bobby said it was Executive Board action that sent 2 non-members, including Mondo’s ID mechanic kid, to Canada, to a “youth conference” whose focus was stopping the posting of “sensitive” Union information on the internet.

Right, the Union agreed to pay 2 non-members to go to Canada to represent Local 13. That is why Local 23 sent their President, Pirate Deano McGrath.

Are the non-member kids going to tell the Union how to shut down the internet? All of Bobby’s Facebook postings on the “private” ILWU group are just fine, but he thinks he can stop others from posting to their websites, even if they are not members.

They could have asked Deano, Local 23 just settled a NLRB Charge related to their internet posting rule, which was found to be unlawful. Local 23 posted a notice for 60 days saying they would not interfere with workers posting information on the internet, even “sensitive” Union information.

Have any of you casuals, who make over 800 hours per year ever considered a Section 13.3 Discrimination Complaint related to the fact that you earned benefits and the only reason you are being denied is your “activity for or against the Union, or lack thereof”?

If all the casuals were allowed to vote, like B-men who are also not members of the Union, do you think that would affect the ratification and therefore, the negotiation process? I do. There are more casuals than members.

In the meantime, casuals should ask the Union’s E-Board members what the new procedure is and when it is going to be implemented.

Information is power, get some.

Chug, chug, chug…..

 

0Shares

It is official: Julie Brady has been appointed Chief Dispatcher and DHA; whenever she feels like it.

It seems that Victor Hudak and Julie Brady don’t care that Bobby O Jr. made a ruling that Julie, elected Chief Dispatcher, is not eligible to work as the DHA.

Bobby made a big deal about Julie checking out of her Chief Dispatcher job, told her to knock it off and told Victor to do his job; that Julie she was elected as Chief Dispatcher and she is not allowed to take any other job.

Last week, after Bobby’s ruling, Julie checked out of her Chief Dispatcher job and put herself in as DHA for 2 days.

According to Victor, Julie is the only one “trained” to do the DHA job, which is funny because the DHA job is a PMA pick, non-elected, 100% paid by PMA, Dispatch Hall job.

Right, Julie got the same training as all the previous DHAs.

Zero, nada, none, that’s the training Julie got.

Victor and Julie are both doing whatever they feel like; as usual.

Solidarity Local 13 style.

Oh, and do not say anything negative, or question their decisions, or ask to see anything in writing: that is anti-union.

Bobby, Mondo, Victor and Julie are turning the ILWU into a joke.

Who is running the show?

Julie dispatching

Not the rank and file; an interpretation was made at the last Union meeting, directing Julie to knock it off.

Victor told the E-Board that a complaint had been filed, but he went right back to doing what he was doing; because he knows that the complaint won’t be processed by Luke and Mondo.

What are Luke, Mike, and Mondo doing with all the discrimination complaints, including the one against Julie?

Chug, chug, chug…..

 

0Shares

If you thought Representative Janice Hahn was sucking up to the ILWU because she wanted their votes, you would be wrong.

Janice Hahn sure looks chummy with the ILWU, having her picture taken in the Local 13 Dispatch Hall surrounded by her new Union buddies.

Janice Hahn at Local 13 Dispatch Hall

If you think Janice was there to get votes, you would be wrong, she was there to get her kid a job as a longshoreman, and she did.

Janice’s son just got hired as a longshore mechanic at the new “robot” dock at Long Beach Terminal.

Janice’s son had no certifications, none, but he has a friend in ILWU Local 13 President, Bobby Olvera Jr., who knows all about how to use your last name to get ahead on the waterfront.

What did Janice do for the ILWU to get Bobby O Jr. to get her son hired at a PMA company as a longshore mechanic?

What did Bobby O Jr. get for helping her son, who has zero certificates, get hired as a longshore mechanic?

Janice’s son is in good company.

Mondo Porras, and Big Bob also got their kid and grandchild hired a longshore mechanics, using the little known back door into the ILWU.

Just proves again; it is who you know, not what you know, that gets you ahead in life.

Chug, chug, chug….

 

46Shares

Roger “The Dodger” Boespflug, Local 23 Labor Relations Representative, has taken Union brotherhood and representation to a new low.

In the Port of Tacoma, just getting a Union Complaint form requires telling the Local 23 Secretary why you want one.

Why in the world should any member have to explain to a secretary, the reason they want a Complaint form?

It is probably because they have a complaint, which is none of her business.

When the member does get a complaint form, and sends it to the JPLRC, this is the response they get form Local 23 Labor Relations Committee Representative, Roger “The Dodger” Boespflug.

Local 23 response

Local 23 response

Does Roger really think only members of Local 23 have the right to file a complaint against Local 23?

Does Roger really think a rule has to be used before it can be challenged?

Did Roger really think that the “guy from Local 13” was not going to file a complaint, when Local 23 passed a rule that takes away his seniority, along with everyone else; because they have not driven cranes in the Port of Tacoma?

Did Roger forget about the NLRB posting that was just in Local 23’s Dispatch Hall related to their Internet Posting Rule, which was ruled a violation even though no one was ever “harmed”, and the rule banning members on no-dispatch from working at the SIM yard?

Why is Roger writing all this before the JPLRC has even determined if the 13.3 Complaint is “properly brought”?

They call this Union Representation in Local 23.

With representatives like that, who needs enemies?

Congratulations Roger, you have taken Union Representation to a new low.

 

0Shares

Bobby O Jr’s “make whole” con is starting to fall apart according to Local 13 Bulletin #43-15.

Bobby O Jr. has started to address the problems created by his Hall Crane Driver “make whole” con.

Check out Local 13 Bulletin #43-15.

Bobby, if you want your members to add hours, for dispatch purposes, you need to get hours put onto pay check stubs.

Instead of telling your members to add hours they are not getting credit for, how about telling PMA to report the hours on the pay checks they issue.

Bobby, did you really think you could get away without paying the assessments on the 2 hours of “make whole” payments to the Hall Crane Drivers?

Did you think you could get away with it, because for the last 15 years the Employers have been paying $55 per day to the day side steady men, without reporting any hours, or paying any assessments?

Helping the Employers steal over 130 million dollars from your members benefits funding is not enough, you want to pile more on with your “make whole” con?

Yeah, that’s right, over $130 million that you helped steal. The same $130 million that Eric is demanding be made whole, in the 13.3 complaint just filed regarding the $55 bonus payments.

Bobby, what are you going to do when your members refuse to add hours that they are not getting on their pay check stubs?

Are you going to have Mike Dimon file chiseling charges against them and fine them thousands of dollars?

Bobby, all you are doing is proving that Eric was right. Your con is having an adverse impact on dispatching.

Nice try, now what?

 

0Shares

Bobby O Jr.’s bet that Hall men are as greedy as the Steady men backfired, and resulted in discrimination and fraud charges, because of one Hall man.

All the Hall men, and the night side steady men, stand to gain because of one Hall man who filed the following Section 13.3 grievance;

The Employers have been gimmicking the pay given to steady men for years by paying the dayside steady men $55 per day, under the table, thereby discriminating against me, and the rest of the hall men.

I requested documentation showing that the assessments were paid on the $55 bonus payments, and based on the response I received on October 31, 2015, from Victor Hudak, Local 13 Secretary/Treasurer, the Union is trying to cover up the fraud.

On November 2, 2015, Joint Records Clerk, Ray Pearson, told me that 1097 is the pay code used for paying the $55 bonus payments, and that no hours are being reported.

The $55 bonus payments are being paid the same way the Crane Training Agreement “make whole” payments are being paid.

Attached is a copy of my paycheck showing the “make whole” crane pay of $191.04 for May 25, 2015, was paid using occupation code 1184, with zero hours reported.

The under the table $55 bonus payments constitute discriminatory application of a contractual rule, based on the steady men’s activity for or against the union, or lack thereof.

Section 13.3 of the PCLCD states:

“Grievances and complaints alleging that a contractual provision or rule is discriminatory as written or as applied, … are to be filed and processed with the Joint Port Labor Relations Committee (JPLRC) under the grievance procedures in Section 17.4 of the PCLCA.”

Section 24.1 of the PCLCD states;

No provision or term of this Agreement may be amended, modified, changed, altered or waived except by a written       document executed by the parties hereto.”

Section 24.2 of the PCLCD states;

“All joint working and dispatching rules shall remain in effect unless changed pursuant to Section 15. All other restrictions on the employer or longshoremen that are in conflict with the provisions of this Agreement are null and void. There will be no unilateral “hip pocket” working or dispatching rules.”

Coast Arbitrator Sam Kagel on page 6 of Decision C-10-86 stated:

“Rule 6 on its face is, per se, discriminatory in view of the unambiguous language of Section 8.41” and, “Rule 6 in this case, is on its face in violation of Section 13. Section 13 is applicable to all provisions of the PCLCD;”

And on page 7 of C-10-86 found:

“The Coast Committee is directed to take joint action immediately for the purpose of eliminating that discrimination.”

Coast Arbitrator Sam Kagel on page 1 of his Decision C-11-86 noted:

“In Award C-10-86 dated August 25, 1986, Dispatch of Steady Crane Operators, the Parties to the PCLCD were directed to eliminate Rule 6 on page 246, and Rule 7 on page 241. The Parties have done so.”

Arbitrator Kagel then decided what rule should apply for the duration of the present PCLCD. He held:

“…it is concluded that the Rule that was in effect in the 1981-1984 PCLCD should be observed in the present PCLCD.”

Coast Arbitrator John Kagel in his Decision C-02-04 makes it clear that in order to claim conflict with the Agreement there must be a prima facie showing that the language in dispute conflicts with the PCLCD, and according to past practice have “coastwise significance.”

Decision C-02-04 is an Employer appeal of Award SCAA-0031-2003, which they lost, wherein the Union claimed, “compensation for winch operators should be equal to top-handler and crane operators listed in Section VII of the M.O.U. dated November 23, 2002.”

The Union wanted 10 hours for winch drivers based on the 1998 LA/LB JPLRC agreement that winch drivers would be equal in hours and skill pay to that of crane drivers, giving Winch Drivers 9 hours at 20% skill differential to; “bring consistency to crane operator pay, with all crane operators receiving nine hours per shift at the 20% skill differential.”

The Employers asserted that the 2002 MOU clearly defined the rates equipment operators are to be paid and, the 1998 JPLRC agreement from meeting No. 37A-98 was negated by the new MOU.

The Decision in C-02-04 states on page 6;

“Moreover, given the evidence before the Area Arbitrator provided here and his decision, his interpretation of the local agreement in question linking Winch Drivers to other designated equipment which is now paid Skill Level III is not inappropriate given how the language of that agreement was drafted in the minutes of the JLLRC Los Angeles/Long Beach Harbor meeting 37A-98.”

The Union won, and the Employers were directed to pay winch drivers in LA/BA Harbors 10 hours at skill level III (30%), and to make whole all longshoremen who worked as winch drivers; “from November 23, 2002 as to skill III (30%) and from February 1, 2003, as to hours of pay.”

The Union won because of the documented JPLRC agreement.

In this case there is no documented JPLRC agreement and no CLRC agreement.

In this case the agreement to pay dayside steady crane drivers $55 per day, without reporting any hours, is a violation of Section 4.31, which states:

“Wages to be called Skill Rates shall be paid for types of work specified in Section 4.32”,

And the Addenda titled; Guarantees, Skilled Rates For All Longshoremen And Clerks which states:

“Employees shall be paid at the appropriate shift and skill rates of pay in accordance with Sections 2 and 4, PCL&CA, and the provisions herein.  Individual side agreements, including paid hours in excess of the PCL&CA, as defined by Area Arbitration SC-29-94, between individual employees or local Union Officials and individual member companies shall be considered a Contract violation.”

Award SC-29-94 says, Employers must pay according to the contract:

The question was, “Does the Employer have the right to enter into agreement with individual clerks to pay them the skill rate of 20% for 10% skilled classified work?”

The answer was, “The PCCCD is clear and unambiguous in regard to the job description of supervisors (Section 1.252) and the wages to be paid for the work performed in that job classification (Section 4.32).

 The issue in question is not negotiable, unless executed under Sections 24.1 and 24.2.”

However, according to C-02-04:

“…given the evidence before the Area Arbitrator provided here and his decision, his interpretation of the local agreement in question linking Winch Drivers to other designated equipment which is now paid Skill Level III is not inappropriate given how the language of that agreement was drafted in the minutes of the JLLRC Los Angeles/Long Beach Harbor meeting 37A-98.”

Based on the fact that there is no JPLRC agreement to pay the day side steady crane drivers a daily bonus of $55, with no hours reported, the Employers are required to follow the agreement as written.

Therefore, paying the steady crane drivers the $55, with no hours associated, is a clear violation of Section 4.32 and pages 193-194 of the Addenda, and constitutes fraud against the benefit plans which rely on man-hour assessments.

In addition, the $55 payments are discriminatory in that Hall Crane Operators are disregarded when such payments are made to a select group of workers performing the same work functions, in the same category

No assessments being paid on the bonus crane hours has Coast wide significance as it relates to the low man out dispatch system, as well as qualifying for, and funding of, vacation, holiday, and medical benefits.

The Employers think because they have been getting away without paying assessments on the $55/day paid to steady dayside crane drivers, for the last 15 years, they can continue to get away with it.

The issue of assessments being paid is a CLRC matter, as evidenced by the minutes of CLRC meetings 2-03 and 2-04.

CLRC meeting #2-03, item 2, states;

“The Union raised concerns about the Union Negotiating Committee member’s not receiving proper credit for holiday, vacation and other benefits due to insufficient hours in payroll year 2002. The Union stated it would pay the portion of its assessments for pension and welfare eligibility as they have in the past. The Employers agreed to investigate this issue and stated these individuals would not be denied their vacation and holiday benefits in 2003 due to insufficient hours in 2002.”

CLRC meeting #2-04, item 2, Travel of Registered Longshoremen from Alaska to San Diego states;

“Subject to the condition that doing so will not result in ongoing obligation or withdrawal liabilities of any kind, the Committee agreed that a welfare assessment per man-hours worked will be made for the registered Alaska longshoremen, and the monies provided to the Alaska longshore welfare fund will be based on equivalent for welfare coverage in their home ports.”

I have provided the PMA payroll code used for the $55 bonus payments and according to Ray Pearson, no hours are reported for the payments.

I requested documentation showing that the assessments were paid on the $55 bonus payments, and based on the response from Victor Hudak, Local 13 Secretary/Treasurer, the Union is participating in the fraud.

Joint Records Clerk Ray Pearson told us that 1097 is the pay code used for paying the $55 bonus payments, and that no hours were being reported, but said he could not show us the payroll of the steady men receiving the daily bonus payments.

I believe the way the $55 bonus payments are being made is a very elaborate con designed to avoid paying assessments, to the tune of over 130 million dollars.

Additionally, the under the table payments are a blatant violation of the Master Contract and the Employers have knowingly committed discrimination.

The Employers need to stop the ongoing discrimination against me, and the rest of the hall men, and pay all crane drivers, dayside and night side, the $55 bonus, report the hours, and pay the assessments, including the assessments on all the payments made under the bonus program, since its inception.

The Employers also need to make whole all the Hall Crane Operators who have performed the work in the above described skill level, from the start of the $55 bonus payments to Steady Crane Operators.

The actions of the Employers constitute ongoing violations of Sections 4.31, 13.3, 18.1, 24.1, 24.2, and the Addenda: Guarantees, Skilled Rates for All Longshoremen and Clerks on page 193 of the PCLCD.

An injury to one is an injury to all.

The Employers are about to feel the power of one.

Chug, chug, chug…

 

0Shares