According to the Letter of Understanding on Proper Application of Section 13, dated July 1, 2014 and signed on March 4, 2015, NONE of the Section 13.2 grievances filed against Eric, including the one filed by Chris Viramontes which resulted in his being placed on no-dispatch for the last 2 years, including a 5 year ban on night work, are covered by the PCLCD.
The Letter of Understanding explains, for the exact reasons given by Eric during the Arbitrations, that grievances involving internal Union matters are not covered by Section 13.
The Letter of Understanding also explains that the “geographic scope of Section 13.1” does NOT include the alley across the street from the Local 13 offices.
“Additionally, in order for a complaint to be proper under Section 13.1, the discrimination complained of must relate to employment covered by the PCL&CA.1
1 The geographic scope of Section 13.1 includes places where longshore workers, marine clerks, and casual workers are employed, as well as other locations, such as joint dispatch halls, training sites, and other locations, but only when the activity that occurs there is reasonably related to employment covered by the PCL&CA.”
No wonder the Union did not want the MOU distributed to members before the Caucus.
The letter dated July 1, 2014, shows that the Union knew and agreed that the reasons that Eric was off work are not covered by the Contract while he was still off work, and they did nothing.
The Union could have put Eric back to work in July, but left him hanging until his penalty was up at the end of December. That is 6 months he could have been working but for the Union’s failure to represent him.
Expect to hear much more about this at the Caucus.
This SHIT is about to hit the fan.